According to the definition of the Act, a married woman has mother-in-law and father-in-law in her family, but a married man does not have mother-in-law and father-in-law in her family. When the woman married by the father was included in the definition of family, why could not the man married by the mother be included in the same definition?
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When there was no country, no politics, no constitution, no laws, but there were people. Family, relatives. Its definition was started only after a long time. How do our laws define family and relatives?
In the Children's Act 2075, it is said that the word 'family' should mean the children's parents, brothers, sisters, grandfathers or grandmothers of the children and the term also refers to other close relatives living in the children. According to the Land Act, 2021, the term "family" in relation to a person shall include that person and his next of kin.
is defined as an unmarried daughter who has not reached the age of 16 while the husband or wife, father or mother is still alive, even if the part is separated or not, a son who has not reached the age of 16, whether the father or the mother is still alive. Similarly, the Cooperative Act, 2074 has also defined the family. In this, husband or wife, son, daughter-in-law, daughter, adopted son, adopted daughter, father, mother, step-mother and brothers, sisters-in-law, brothers, sisters-in-law and sisters, sisters who have to be nurtured are called family. But it is mentioned that it will not refer to the family members who are living in their respective professions or as if separated.
According to the Military Service Regulations, 2069, family means husband, wife, son, daughter, adopted son, adopted daughter, father, mother or stepmother who lives with a soldier and has to be supported by him. In the case of a married female soldier, the term also refers to her mother-in-law and father-in-law. According to Police Regulations, 2071, police family means husband, wife, son, daughter, adopted son, adopted daughter, father, mother or stepmother who lives with the police officer and has to be raised by him. The word refers to his father-in-law, father-in-law in the case of male and unmarried female police officers, and his mother-in-law and father-in-law in the case of married female police officers.
Part 3 of the Civil Code, 2074 provides provisions related to family law. It includes provisions related to marriage, marriage results, divorce, mother, father and child relationship, maternal and paternal authority, guardianship, matwar, adoption and adoption, inter-country adoption or adoption, anshbanda, aputali. The Civil Service Act, 2049 states that the term "family" means the husband, wife, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step-mother who lives with the civil servant and has to be supported by him.
In the case of male and unmarried female employees, it refers to their baje, bajayi and in the case of married female employees, their mother-in-law also means family. According to the Public Service Commission Regulations, 2079, a close relative means a person's father, mother, mother-in-law, father-in-law, husband, wife, son-in-law, daughter-in-law, brother-in-law, brother-in-law, sister-in-law, sister-in-law, brother-in-law, brother-in-law, mother-in-law, uncle-aunt, grand-grandmother-grandmother, great-grandmother-grandmother, nephew, Nieces, nephews, nieces, uncles, aunts, uncles, brothers-in-law, eldest mother-in-law, brothers-in-law, sisters-in-law, half-brothers, half-brothers and their children should be remembered.
This definition considers a man not only a man but a father, son, brother, brother, father-in-law, grandfather (baje), adopted son, while a woman is considered a mother, step-mother, daughter, sister, sister, mother-in-law, grandmother (bajyai), adopted daughter. According to this definition, only fathers have a second marriage, not mothers. If known, the stepfather was considered a member of the family while the stepmother was a member of the family. But why is it that when the woman married by the father is included in the definition of family, the man married by the mother cannot be included in the same definition?
Some stepfathers have raised their children with more love and responsibility than biological fathers. Why have they been overlooked so far? The only reason for this is that before them comes a woman or a mother, not a man or a father. Why does the law not recognize the relationship that started with a woman? To understand what legislators/employees think and what kind of laws they make, it is enough to look at the definition mentioned above. According to the definition of the law, a married woman has mother-in-law and father-in-law in her family, but a married man does not have mother-in-law and father-in-law in her family.
Provinces are also making necessary laws for their subordinate units. In the Provincial Civil Service Act, 2079 made by the Bagmati Province Government, it is said that the term "family" means the husband, wife, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step-mother who lives with the civil servant and has to be supported by him.
It is mentioned that in the case of male and unmarried female employees, it refers to their father-in-law, father-in-law and in the case of married female employees, their mother-in-law. The Civil Service Act made by other provincial governments also has this provision. In the State Civil Service Act, 2079 made by the Koshi State Government, it is said that family means husband, wife, son, daughter, adopted son, adopted daughter, father or step-father or religious father, mother or step-mother or religious mother, father-in-law, father-in-law and mother-in-law, father-in-law who live with the employee and who must be supported by him.
In the Civil Service Act, 2079, only Koshi province has defined family differently. For the first time, stepfather is included in the definition of family. In the case of women, it is said only baje, bajayi, mother-in-law, father-in-law. According to Commissioner Sajna Dahal of Koshi Public Service Commission, it covers father-in-law, father-in-law and mother-in-law and father-in-law, both male and female.
In the mentioned law, the definition of employee is only the person who is in the relevant service. Not stated female/male/married/single. But when it comes to the definition of family, women/men/married/unmarried have been narrowed down.
One type of definition for female employees and another for male employees is against the constitution and principles of natural justice. Grandparents are not only father's parents but also mother's parents. Mother's parents should also be included in the definition of grandparents. If there is a law to treat the mother-in-law and father-in-law as the daughter-in-law living with the mother-in-law, the son-in-law should also treat the mother-in-law and father-in-law. For this, there is a need to make necessary changes in the Act.
In the Federal Civil Service Act Bill 2080, the term "family" means the civil servant's husband, wife, son, daughter, father and mother who live with him or have to be cared for by him. It is said that in the case of a married employee, it also refers to his mother-in-law, father-in-law who lives with him or whom he has to support.
When the law does not recognize the mother-in-law, father-in-law of a married man, now in the case of a married employee, because it is not mentioned as a woman or a man, it means the mother-in-law, father-in-law of a woman or a man. This is also a big change. However, the Bill still does not recognize the husband of a second married mother. The law that is about to come in order not to discriminate between mother-in-law and father-in-law is still reluctant to recognize the relationship that starts with the mother.
The Federal Civil Service Act Bill 2080 is under discussion. In the family of a married man, when it is called mother-in-law, father-in-law, grandfather, grandmother, can the mother's parents and stepfather still remain unrecognized by the law?
