I have found that as academicians and research scientists, often times we limit our work to the academic world. This confines the reach of our work limiting the impact to a small audience. As a development economist, I want to communicate my work to the general population or else the work does not carry much meaning. Therefore, I base this article on my most recent research on women’s land ownership and its impact in their household decision making process.
In a country with over a decade of political instability, women’s equality has been an ongoing struggle. Although there have been recent developments in creating positive discrimination towards women in Nepal, women still lag behind in almost all aspects of life, be it in education, health, economics or political participation. One of the reasons behind this is the socio-cultural view of women as inferior to men. We do not see women as independent individuals but rather someone to be taken care of by their male counterparts.
An example of which is the inheritance of paternal property, which is mainly patrilineal i.e. passed down from fathers to sons and so on. The Nepali property law was inspired by Manusmriti, a book that basically lays down laws of human lifestyle. The 1853 National Code, the first legislation, limited women’s property rights to gifts and bequests. A daughter could not inherit paternal property as long as the father, mother, brothers, brothers’ sons or other male relatives on the father’s side were alive. In addition, divorced women did not have any property rights, and if they instigated a divorce, they lost potential alimony. Even hundred years later, the 1963 amendment of the National Code did not touch on women’s property rights.
The sixth amendment of the National Code in 1977 for the first time declared that unmarried daughter of 35 years or older was as entitled to parental property as her brothers. However, she lost this right once she was married unless her father, brothers and brothers’ sons were dead. Women (of 35 years or older), who had been married for 15 years, were entitled to a portion of their husband’s property. Even then, she could not share her portion of the property with anyone without consent from her husband and sons.
In 2002, the 1963 National Code was further amended to null the age limit for daughters; however, they had to renounce their rights to the unused portion of the inherited property upon marriage. The age limit for married women and widows on sharing their husband’s property was also lifted. The most recent amendment of the Interim Constitution in 2007 removed the requirement that women return inherited parental property after marriage.
Women are not seen equal to men in our society due to their limited involvement in direct income generating activities. Moreover, the extra money required in the form of dowry in many parts of Nepal makes it highly unattractive to give birth to daughters. This burden has given rise to Deuki system in western Nepal and selling of these women for prostitution at the Indian and Chinese border areas. The disparity starts right from birth when sons and daughters are treated differently when it comes to sharing family meals, attending school, age at marriage and access to ancestral property. Early marriage leads to early motherhood, further reducing their chance in the job market. Unfortunately for women, they cannot even use inheritance as security since they barely have any. According to the most recent Nepal Demographic and Health survey, only 19 percent women own land either alone or jointly with their husbands. Most of these land owners are women who are widows and whose husbands have left them to fend for themselves.
My research along with many others have shown that access to economic activities including land ownership is highly important for women to gain empowerment in terms of having a say in household decision making processes. Land ownership gives women the decision making power in terms of their own healthcare, in making large household purchases and in arriving at decisions related to visiting their friends and relatives. These household level decisions make a difference in women’s lives by giving them the power to decide what is right for their family and themselves. Other research has shown that when a wife gets access to money, she invests more in her family’s welfare such as health, education and nutrition. However, men are more likely to invest in their own wants such as alcohol and tobacco consumption.
Despite the advantages of women’s land ownership, a very small percentage of women own land, mainly because the primary means to gain land is patrilineal. The cultural practice along with lack of education and awareness prevent poor rural women from claiming their rights. Perhaps joint ownership of men and women would be a step closer to enforcing equity in land ownership. We also need to build administrative capacity at the local level so that they can facilitate the land ownership equity among local households. These changes should be complemented with changes in cultural attitudes that disfavor women.
In an era where human capital is one of the most needed assets for a nation’s growth and development, we cannot afford to let half of our population stay at home and only indirectly contribute to our economy. How can we as a nation move forward when roughly half of our population is denied access to proper education, nutrition, health and economy? If we want to develop and grow in this fast paced world, we need skilled women and men to work together and create a more developed Nepal.
Note: First published at myrepublica, web url: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=85975
In a country with over a decade of political instability, women’s equality has been an ongoing struggle. Although there have been recent developments in creating positive discrimination towards women in Nepal, women still lag behind in almost all aspects of life, be it in education, health, economics or political participation. One of the reasons behind this is the socio-cultural view of women as inferior to men. We do not see women as independent individuals but rather someone to be taken care of by their male counterparts.
An example of which is the inheritance of paternal property, which is mainly patrilineal i.e. passed down from fathers to sons and so on. The Nepali property law was inspired by Manusmriti, a book that basically lays down laws of human lifestyle. The 1853 National Code, the first legislation, limited women’s property rights to gifts and bequests. A daughter could not inherit paternal property as long as the father, mother, brothers, brothers’ sons or other male relatives on the father’s side were alive. In addition, divorced women did not have any property rights, and if they instigated a divorce, they lost potential alimony. Even hundred years later, the 1963 amendment of the National Code did not touch on women’s property rights.
The sixth amendment of the National Code in 1977 for the first time declared that unmarried daughter of 35 years or older was as entitled to parental property as her brothers. However, she lost this right once she was married unless her father, brothers and brothers’ sons were dead. Women (of 35 years or older), who had been married for 15 years, were entitled to a portion of their husband’s property. Even then, she could not share her portion of the property with anyone without consent from her husband and sons.
In 2002, the 1963 National Code was further amended to null the age limit for daughters; however, they had to renounce their rights to the unused portion of the inherited property upon marriage. The age limit for married women and widows on sharing their husband’s property was also lifted. The most recent amendment of the Interim Constitution in 2007 removed the requirement that women return inherited parental property after marriage.
Women are not seen equal to men in our society due to their limited involvement in direct income generating activities. Moreover, the extra money required in the form of dowry in many parts of Nepal makes it highly unattractive to give birth to daughters. This burden has given rise to Deuki system in western Nepal and selling of these women for prostitution at the Indian and Chinese border areas. The disparity starts right from birth when sons and daughters are treated differently when it comes to sharing family meals, attending school, age at marriage and access to ancestral property. Early marriage leads to early motherhood, further reducing their chance in the job market. Unfortunately for women, they cannot even use inheritance as security since they barely have any. According to the most recent Nepal Demographic and Health survey, only 19 percent women own land either alone or jointly with their husbands. Most of these land owners are women who are widows and whose husbands have left them to fend for themselves.
My research along with many others have shown that access to economic activities including land ownership is highly important for women to gain empowerment in terms of having a say in household decision making processes. Land ownership gives women the decision making power in terms of their own healthcare, in making large household purchases and in arriving at decisions related to visiting their friends and relatives. These household level decisions make a difference in women’s lives by giving them the power to decide what is right for their family and themselves. Other research has shown that when a wife gets access to money, she invests more in her family’s welfare such as health, education and nutrition. However, men are more likely to invest in their own wants such as alcohol and tobacco consumption.
Despite the advantages of women’s land ownership, a very small percentage of women own land, mainly because the primary means to gain land is patrilineal. The cultural practice along with lack of education and awareness prevent poor rural women from claiming their rights. Perhaps joint ownership of men and women would be a step closer to enforcing equity in land ownership. We also need to build administrative capacity at the local level so that they can facilitate the land ownership equity among local households. These changes should be complemented with changes in cultural attitudes that disfavor women.
In an era where human capital is one of the most needed assets for a nation’s growth and development, we cannot afford to let half of our population stay at home and only indirectly contribute to our economy. How can we as a nation move forward when roughly half of our population is denied access to proper education, nutrition, health and economy? If we want to develop and grow in this fast paced world, we need skilled women and men to work together and create a more developed Nepal.
Note: First published at myrepublica, web url: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=85975
