Rights of Women (Article 38)
Exam Snapshot
Article 38 of the Constitution of Nepal, 2015 provides a comprehensive suite of rights for women, emphasizing non-discrimination, reproductive health, equal lineage, and protection against violence. These are fundamental rights.
Core Concept
- Equality of Lineage: Every woman has the right to equal lineage (वंश), ensuring that women have an equal right to identify with their family lineage just as men do.
- Reproductive Rights: Women have the right to safe, accessible, and reproductive health services.
- Property Rights: Every woman has the right to acquire, use, sell, and dispose of property equally, free from gender-based discrimination.
- Protection against Violence: Women are protected against any form of physical, mental, sexual, psychological, or other violence or exploitation.
- Safe Motherhood: Women have the right to safe motherhood and reproduction.
Nepal Law Anchors
- Constitution of Nepal: Article 38 (Rights of Women).
- Muluki Civil Code, 2074: Provisions regarding succession, inheritance, and partition (Book 3, Part 3).
- Safe Motherhood and Reproductive Health Rights Act, 2075.
Confusable Terms
| Term | Distinction |
|---|---|
| Lineage (वंश) | Constitutional right to family identity and lineage equality. |
| Inheritance (अंश) | Statutory right to receive a share in ancestral property. |
MCQ Traps
- Assumption of Marital Status: Traps often suggest property rights are contingent on marriage. Constitutionally, the right is absolute, not dependent on marital status.
- Confusion with Succession: Distinguish between the constitutional right to lineage (Article 38) and the specific rules of succession in the Muluki Civil Code.
- Scope of Violence: Remember that Article 38 protects against psychological violence as well, not just physical or sexual.
Example
Under Article 38, a daughter has an equal right to ancestral property as a son. Previously, laws often required the daughter to be unmarried to inherit; modern jurisprudence, following cases like Meera Dhungana, clarifies that these constitutional provisions override discriminatory statutes.
Memory Hook
Remember the "4-P-R" rule: Property, Protection (Violence), Parenting (Motherhood), Personality (Lineage), Reproductive Health.
Quick Revision
- Equal lineage (वंश) is a fundamental right under Article 38(1).
- Reproductive health and reproduction right is a distinct right under Article 38(2).
- No discrimination based on gender is the guiding principle of Article 38(3).
- Property and family affairs management is an individual right of the woman under Article 38(5).
- Violence against women is strictly prohibited in all forms under Article 38(6).