Insulting, showing fear, not appraising work properly, trying to weaken self-confidence, speaking loudly, discriminating on the basis of caste, class, gender and depriving of opportunities are also forms of violence.
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If we want to raise the issue of what was the contribution of women in the transformation of society, the role of Yogamaya, Sahana Pradhan, Sadhana Pradhan, Mangaladevi Singh, Shailaja Acharya etc. can be read in the pages of history. It is no exaggeration that the role of women in the transformation of society, directly and indirectly, has progressed parallel to that of men.
After a long time in the country, the fundamental rights of citizens in the Constitution of Nepal 2072, which was made as an achievement of the movement of 2062/63, means the basic rights guaranteed to every citizen by the constitution. Like: right to life and liberty, equality, education, health, employment, free speech etc.
When a person and group are treated in such a way that their fundamental rights are violated or suppressed, it is called violence against fundamental rights. Among the major violence against fundamental rights, violence against equality is an important violence. Where there is racial, gender, religious, class discrimination and discrimination against women, Dalits, tribals or minorities. The treatment of such fundamental rights is provided in Article 46 of the Constitution, while the provision of law for the implementation of fundamental rights is provided in Article 47.
It has been a decade since the Constitution was drafted and implemented in the country by the Constituent Assembly. With the goal that all-round development is possible only through equal representation of all classes, castes, languages, genders, religions and communities in the society, provision for inclusiveness was made in the constitution. Articles and clauses were recorded on the pages of the law. Laws are made, but the expected results are not achieved in implementation.
If the party and the leadership who drafted the corresponding laws mentioned in the article of the constitution could not follow them literally, how can the society and its members implement it and how can the development of classes and groups be envisioned? This serious question is still being raised. Why does violence happen? Illiteracy, poverty and lack of legal information is giving it a chance to flourish. Patriarchal thinking, social inequality is also fueling violence.
The Interim Constitution of Nepal, 2063 was the first time inclusiveness was recognized constitutionally. In this constitution, special provisions were made to ensure equal representation of different castes, religions, genders, languages, regions, religions and communities. Whereas in Article 33 the responsibility of the state, in Article 13 the right to equality, in Article 20 the right of women, in Article 21 the right to social justice.
Article 20 mentions provisions such as protection against violence against women, equal opportunities, equal participation in political, social and economic fields. The Interim Constitution of Nepal, 2063 laid the foundation of inclusive democracy. It laid the foundation for ending discrimination and ensuring participation of all communities. On this basis, the current constitution, 2072 includes more clearly inclusive arrangements.
Even though this system is in place, its implementation is lax and women are subject to various types of violence. Among these violence, women in the profession have to go through mental violence due to workplace violence. Various legal, policy and institutional systems have been created to prevent such violence and protect the victims.
Workplace violence includes physical violence, sexual abuse/violence, verbal or mental violence (swearing, yelling), financial oppression, discrimination, etc. Everyone should know the way to teach the victim in time by thinking about whether it is violence or not and identifying the treatment path.
According to the Constitution of Nepal, 2072, Article 18 of the Constitution of Nepal provides for discrimination on the basis of gender and Article 38 provides for women's rights under legal protection regarding workplace violence. Under institutional security, women and children service center 1098/100, women's commission, judicial committee at local level, free legal services and counseling centers have been arranged. Similarly, Article 132 of the Labor Act, 2074 mentions the provision of punishment for violence.
In case of workplace violence, there are complaints to the organization's internal complaints committee, labor department or labor office, women's commission, human rights commission and the police. No matter what kind of violence is done to women, to prevent it, we should adopt reform measures such as raising public awareness against women's violence, developing a women-friendly justice system, establishing speedy justice, education, self-defense and promoting self-reliance. Building a safe and respectful society is possible through changes in behavior, social awareness and institutional strengthening, not just laws to prevent violence against women.
The roots of patriarchy that have been entrenched for centuries are buried in our society in such a way that even after decades they have not been uprooted. Almost two decades after the provision of inclusiveness in the country is about to be completed, there is a difference in the way women are viewed in terms of positions and responsibilities at the top level of the state, let's say at the top level of the political party. Workplace violence is also psychological exploitation of people. Insulting, showing fear, not appraising work properly, trying to weaken self-confidence, speaking loudly, discriminating on the basis of caste, class, gender and depriving of opportunities are also a form of violence.
The lesson that rights are not obtained by asking, but by fighting, has been taught by the big movements of system change in the past. Therefore, a revolution against patriarchy is necessary before an economic revolution to build a prosperous society. It is now too late for the stakeholders to unite in this direction.
