Supreme Court of Nepal scrapes discriminatory Military regulations


A special directive from the Supreme Court on Thursday scrapped one of the most glaring examples of state-sponsored gender-based discrimination prevalent in the Nepal Army.


Giving its final verdict on a litigation filed by Constituent Assembly Member Sapana Malla Pradhan against the "systematic" exclusion of married women from jobs in the Nepal Army a special bench of the apex court directed the government to amend discriminately provision in the Army Regulations 2058 BS.


The special bench of Justices trio Ram Kumar Shrestha, Ramkumar Prasad Sah and Abdesh Kumar Sah has also directed the government to amend the provision of barring women personnel in the Nepal Army from getting married during the period of training as per the national and international treaties and laws concerning women's rights, including CEDAW.


The petitioners had argued that the provision in the Regulations directly discriminated job applicants and job holders in the Nepal Army based on their gender, which was against Article 20 (1) of the Interim Constitution, Article 16 (1) of the Universal Declaration on Human Rights and others.


ON Thursday's hearing Advocate Mira Dhungana pleaded on behalf of the petitioner organization Forum for Women, Law and Development. The case was pending at the apex court since August 5, 2007. (From April 30, TKP)  

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