Gender, Land, And Justice: Role Of Supreme Court In Advancing Women’s Property Rights

Abstract

Women’s property right is significant in promoting gender equality which makes women socially and economically secured. However, the existing socio-legal constraints have deprived women from the benefits of property right. The prevalent customary practices in our society have contributed gender disparity which has constrained women to be self reliant in financial matters. The Supreme Court of Nepal has played a significant role in shaping the rights of Nepali women through it’s landmark decisions on gender equality, particularly in inheritance and ownership rights. This study examines the role of Supreme Court in advancing women’s property rights and assesses how this helps women to achieve social and economic security. This study is based on the qualitative desk study. It has reviewed constitution of Nepal, published and unpublished articles related to women’s property right in Nepal. The landmark cases were reviewed thoroughly which has created milestone decisions in regard of equal coparcenary and inheritance right to parental and ancestral property by women regardless of their marital status. The Supreme Court has dismantled various discriminatory practices related to land, inheritance and tenancy right which have resulted in significant amendments in constitution 2015 and civil code 2017 of Nepal. This has established binding precedents that recognized women as equal right holders to land and property.

Therefore, the Supreme Court has laid strong foundation on gender equality through its landmark decisions which established a binding precedents formalizing women’s property right. The court has dismantled deeply rooted customary norms of the communities which were barrier to the women in establishing socio-economic security. This study focuses on the role of Supreme Court to strengthen women’s land right which is very much crucial in developing their social and economic security of women.