The Constitution of Nepal (2015) guarantees a wide range of basic rights, the most important of which are the rights to live with dignity, freedom, and equality, and to have access to justice. The constitution also guarantees women’s rights as a fundamental right and has mandated proportional inclusion of women at all levels to enable women’s participation at a grassroots level of economic, social, and political life. Despite this, women’s representation is below average at all levels, and many women are unaware of their rights and they are facing numerous challenges in various aspects of their lives.
We tend to believe that safeguarding women by passing laws is a sufficient way to go. But this is only the first step. Many women are unaware of such laws, and/or they do not know how to access them, leading to a silent acceptance to discrimination. Laws do not implement themselves, instead informed citizens bring them to life. Nepal has laws against domestic violence, sexual harassment, and gender-based discrimination. Despite having these laws, there is no proper implementation which is why we have so many women who are being discriminated against.
Why legal literacy?
One of the reasons that these laws are ineffective is because women often don’t know they exist or how to use them. It is, therefore, very necessary to educate women about their rights and ways to access them. Legal literacy plays an important role in protecting women against violence and discrimination, property rights, and other issues.
The most significant impact of legal literacy is on economic independence. Nepal guarantees equal employment rights and wages, yet women’s participation in the formal economy is lower, with many being paid less than their male counterparts. Knowledge about employment regulations and property ownership is necessary to maintain women’s financial independence and stability. Women’s awareness of their rights related to marriage, divorce, parenting and child custody can significantly influence outcomes when it comes to property rights and inheritance cases. Without this knowledge, women may find themselves at a disadvantage in negotiations or legal proceedings, potentially leading to unfavorable settlements that impact their lives and those of their children. Similarly, being inadequately informed about reproductive rights and health can severely hinder a woman’s ability to make informed decisions about her body and healthcare.
Legal literacy in Nepal is not merely a legal obligation but a moral responsibility to ensure every citizen can exercise their rights and fulfill their duties.
Legal literacy is crucial and necessary in a society where women have historically been denied their rights. Legal literacy is more than just knowing the law. It could be a powerful tool for Nepali women, allowing them to protect their rights, use economic empowerment, access justice, and participate in civic life. This is also crucial, particularly in Nepal, where many legal services are unavailable, or cost is beyond people’s reach. Therefore, legal literacy in Nepal is not merely a legal obligation but a moral responsibility to ensure every citizen can exercise their rights and fulfill their duties.
Ways to ensure legal literacy
However, improving legal literacy in Nepal requires a multifaceted approach. It requires cooperation from the public sector, non-governmental organizations, leaders and community organizations. To reach a wider audience, awareness campaigns and community-outreach programs should be designed and disseminated in local languages. Knowledge about laws and methods to access them may also be incorporated in school-level curriculum. Education providers and private institutions could also conduct various workshops and seminars focusing on women’s legal rights. In rural areas, establishment of free legal aid centers and community resources centers can be one of the most effective initiatives. However, it is important that they offer free legal assistance to women in need and ensure that legal information is accessible in the mother tongue. Regular campaigns should be conducted at grassroots level to educate women about their legal rights and how to exercise them.
Media campaigns can also play a critical role in disseminating information on legal literacy and women’s rights. Media can help by showcasing case studies that have been successful and sharing stories of women who have benefitted from initiatives promoting legal literacy. Such anecdotes serve as examples of the tangible benefits of legal literacy and can motivate others. Similarly, making use of the technology is another approach. The number of Nepali people with mobile phones has increased significantly in the last couple of decades. Women who carry mobile phones can easily access the information they need if toll-free helpline numbers, mobile applications, or web platforms offering resources and legal information are developed. The goals of legal literacy programs could be more effectively communicated by strengthening agencies in cooperation with NGOs and other foreign organizations. We can definitely create a more informed and equitable society by ensuring that everyone has access to the knowledge and resources necessary to understand their rights and responsibilities.
Sabina Acharya is a graduate from Kathmandu University School of Law.
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