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Advocacy Workshop

Advocacy Workshop on ‘will system and its effect on women's property right’

On 13th and 16th Sept. 2017, workshops were organized in Kaski and Banke district among the various stakeholders including representatives from high court and district court, NHRC, government authorities from local level, women and children service centre, Nepal police, Bar Association, Journalist, lawyers, women's activist and representatives from different civil society organizations.

The program was organized on the issue "Civil code 2071-The effects brought by will system on women's property right". The provision of proposed bill in chapter 11 states "any one at the age of 18 with full conscious could make will paper on property of possession, ownership of rightful property to transfer after death to another person to posses, by hand overing at free will." This new provision have adverse effect on women's property right obtained after long struggle for equal of daughter as son to ancestral property which had been guaranteed through the 11th amendment of civil code 2020 B.S. In article 18 (5) of the new constitution of Nepal 2072, there is the provision that there shall be equal right in ancestral property without gender discrimination. Similarly, in article 38(6) there shall be equal right of married couple on the matters related to property and family under fundamental rights.”

The programs were targeted on the issue of will system. If the proposed law is applied, as the society is patriarchic, people would make will paper to make women deprived of property right. The participating stakeholders provided mixed response on the issue. Whereas representatives from organization working in sector of women's right were not in the favor of the will system. They would even suppress the issue by various programs. According to them before applying the will system, enough infrastructure should be developed like education at free of cost and guarantee of employment. Women's are deprived from legal rights just because there may arise the condition of giving property to women even after their marriage.