Nepal (2002), Supreme Court

Nepal (2002), Supreme Court

Forum for Women, Law and Development (FWLD) vs. His Majesty’s Government/Nepal (HMG/N)
Writ No. 55 of the year 2058 BS (2001-2002)

In this landmark case, the Supreme Court acted in order to uphold the equality of married women. The decision to recognize marital rape as unconstitutional was framed in the context of a series of international conventions such as CEDAW and ICCPR. Additionally, the Court referred to religious texts, and concluded that Hinduism does not condone such violence as marital rape.

“Women do not lose human rights because of marriage. So long as a person lives as a human being he/she is entitled to exercise those in-born and natural human rights. To say that the husband can rape his wife after the marriage is to deny independent existence, right to live with self-respect and right to self-determination.” (Quoted form Original Judgment)

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