Professional Documents
Culture Documents
2 Statutory provisions
The Gender Equality Act 2006 repealed and amended 56 discriminatory provisions
and removed gender inequalities perpetuated by several previous acts and also
incorporated provisions to ensure women’s rights. The Act amended a number of
gender-discriminatory clauses of the Muluki Ain, including the provision that a
daughter is required to return shared property upon marriage. Article 2(5) of the
Act states: “an unmarried girl, a married woman, or a widow living separately may
enjoy movable or immovable property on her own.” Similarly, it also amended the
provision for summons issued by the court to be received by a male family
member as far as possible and the provision for divorce in the case of not having
children within 10 years of marriage. Furthermore, the Act establishes sexual
violence as a crime punishable by varying years of imprisonment, depending on
the age of the victim.
3.2.2.4 Civil Code Bill 2074
It allows women the right to use her father’s surname, the surname of her
mother or husband or both surnames
It has a provision for court appointed curator for a child who has no guardian
to take his/her care
It has a provision for usufruct, whereby a person can give his/her property to
somebody who can use it as his/her own property but cannot change the
substance of the property without the consent of the owner of the property
It incorporates provisions of unjust enrichment. The question of unjust
enrichment arises when a person unfairly gets a benefit by chance, mistake
or other such causes for which the person enriched has not paid or worked.
The beneficiary should return such money or benefits to the person who
deserves it. According to the bill, a person will be held responsible if due to
omission, commission or recklessness another person suffers harm or loss.
For example, the owner of an animal will be held responsible if the animal
inflicts harm to others
This act is designed to make provisions for the national womens commissions. It
acts as a guideline for the activities of the organization. It has laid down that the
commission work for the establishment of equality through the end of gender
based discrimination of all forms.