Meera Dhungana and Others v. Office of the Prime Ministers and Others

After hearing a petition from the Forum for Women, Law and Development in Nepal, the Supreme Court ruled to invalidate a law allowing men to seek a second wife if, after 10 years of marriage, they have not had a child with their first wife. The Court recognized that this law gave unequal treatment to women and men by not giving comparable recourse to women and implying that infertility was the fault of the woman. The law was therefore inconsistent with Article 11 of the Constitution of the Kingdom of Nepal and with international gender rights conventions including CEDAW. This ruling represents an important step in reevaluating widely accepted laws from a gender equality standpoint. In addition, the Court acknowledged that it was constitutional to employ positive discrimination to guarantee equal rights for women, allowing for proactive defense of women’s rights in Nepal.

Topics

• Gender discrimination

Geographical location

• Asia
• Nepal

Keywords

• constitutional law
• gender equality
• marriage law
• polygamy
• CEDAW.

Year

• 2004

External URL

• Meera Dhungana and Others v. Office of the Prime Ministers and Others

Court

• Supreme Court of Nepal

Type

• Domestic Case Law

Jurisdiction

• Nepal