Limited inclusiveness within the constitution

In practice, this system has not been implemented effectively. Although 33 percent of women participate in parliament and political parties, its implementation in other structures and bodies is disappointing. With the promulgation of the Constitution by the Constituent Assembly on October 3, 2072, the way to distribute the benefits of democracy in an equitable, fair and inclusive manner by operating the state system according to the spirit, feelings and needs of the citizens has been opened. The path of implementation of women's rights and inclusiveness mentioned in the constitution is becoming complicated. At the same time, there is a debate about the efforts to be started for the effective implementation of the provision of inclusiveness in the constitution.

In the current 22-member cabinet, there are only two women (9 percent). In the 2079 House of Representatives direct election, only 9 women won 175 seats. Only 25 of the total 753 local levels are led by women in the local level elections. The constitution provides for 33 percent participation of women in every level and agency of the state, but due to proportional seats, the participation of women in the federal parliament has reached 33.83 percent. Women's participation in judicial and administrative levels is not satisfactory. Even in that, the presence of Dalit, tribal, Madhesi and marginalized women is negligible.

According to the data of the civil library, only 24 thousand 143 of the 85 thousand 512 employees in the civil service are women. It is 28.23 percent. The participation of women in security agencies is 11 percent. Similarly, there are 44 female judges in the Supreme Court, High Court and District Court. Representing more than half of the total population of Nepal, the presence of women in the state bodies is very low. Because women do not have equal opportunities in education, representation based on merit has not increased as expected. According to Census 2078, the literacy percentage of women is only 56.4 percent.

The constitution, laws, policy plans and guidelines made so far have made very good arrangements for women's rights, participation and empowerment. The first legal document to establish constitutional rights for women is the Statutory Law of Nepal 2004. The constitutions, international treaties and policy plans that have been issued since then have added a new dimension to the protection and promotion of women's rights.

The constitution emphasizes gender equality, ending all forms of discrimination, equal participation and control of violence against women. The Vienna Declaration of 1993 and the Beijing Declaration of the Fourth World Conference on Women in 1995 recognized that women's human rights are equal to those of men. Nepal has also declared its commitment to participate as a member of the United Nations in conventions and conferences focused on women's rights. Even though there are such good arrangements, if they are not practiced, the expected progress of women in every field has not been achieved.

The provisions of the third amendment in the Civil Service Act 2049 have emphasized the principle of inclusiveness and women's participation in a certain percentage. In which reservation has been made by law for certain castes even in security agencies including civil service. In order to make the civil service inclusive, 45% of the posts to be filled through open competition have been set aside and 33% for women, 27% for tribals and tribes, 22% for Madhesi, 9% for Dalits, 5% for disabled and 4% for backward areas have been arranged. The Convention on the Elimination of All Forms of Discrimination against Women (CED) states that there should be a separate policy, institutional structure and budget allocation to convert women's rights into practice. The Beijing Declaration of 1995 also mandated women's participation in all spheres of government.

Even though reservation has been arranged to increase women's participation, it has been accused of being women-oriented. The issue of upliftment of the backward classes according to the concept of special system is becoming challenging. Looking at the situation of women who have reached the highest levels of various agencies of the state, it is seen that women need not only reservation but also proper education along with opportunity and capacity development training.

Special plans and empowerment programs should be implemented to ensure equal development, social justice, basic equality and rights of women. For this, federal, provincial and local governments should put an end to discrimination against women and emphasize the effective implementation of necessary laws, policies, guidelines and standards.