Men's intention to cover up social crimes or open the door to preferential treatment
What you should know
The news entitled 'Draft of law to allow polygamy is ready' is very disturbing and debatable.
After the implementation of the Criminal Code on August 1, 2075, the legal system of Nepal, which completely prohibits polygamy, was seen as a historical progress in the journey towards gender equality, women's rights and a civilized society. But the draft of the amendment bill which is going to be brought to reverse that progress seems to raise serious socio-judicial questions.
In the draft proposed by the Ministry of Law, the provision that the marriage is automatically legalized if the woman becomes pregnant or gives birth to a child when a married man has another relationship is not only a 'matter of shame', but also against the values of jurisprudence. This provision seems to try to limit an institution like marriage from the basis of social discipline and mutual responsibility within biological possibilities. Such a legal proposal based on the premise of allowing marriage to the womb or child is itself an attack on women's rights. Going deeper and digging deeper, the proposed arrangement also reflects the intention of covering up men's social crimes under legal protection or opening the door to preferential facilities. As reported in
news, Ministry of Law Secretary Paraswar Dhungana's argument of 'women who reach the street are saved' seems to be sympathetic to patriarchal thinking rather than based on a legal perspective. Such an argument seems to create a serious problem, not a solution, from the point of view of legal interpretation and gender equality. Because the solution to the problem is not to give legal protection to polygamy but to strengthen marital responsibility, increase awareness through education and ensure social security for single mothers.
Ignoring former Chief Justice Sushila Karki's comments in this context would be an insult to the country's judicial conscience. As soon as polygamy is legalized, domestic violence, abandonment, economic exploitation and psychological harassment against women of weaker economic status will increase. The impact it will have on the social structure of the remote and rural areas of Nepal is sure to be worse than we thought.
The provisions of the proposed bill will give a legal cover to male supremacy and will attack the gender equality guaranteed by the constitution. Reversing the clock of history in the name of policy making under any pretext must be stopped immediately.
– Techendra Adhikari , Biratnagar
