Legal Advice and Support
Many women in Nepal are unable to seek legal assistance through current
channels because they are either unaware that they have legal rights or unable
to pay the associated legal fees. WF provides legal assistance to women who are
harassed or tortured by their husbands, families, and society but cannot get
legal help by themselves. Our assistance may be in the form of advice, payment
of court fees, or active participation in the case, sometimes repeatedly if the
case is appealed to a higher court.
One of WF's longest running programs is
Legal Assistance Program. This is one of the most important programs. A
substantial proportion of Nepal's population is unaware of their legal
entitlements. This is particularly very prominent in the rural areas. Even where
people understand their entitlements, legal assistance is expensive and
unaffordable to the majority. There are three lawyers currently employed. The
Legal Assistance program operates in three ways; (i) free legal advice to women
who can afford legal action but are unaware of the procedure involved; (ii) free
legal service to those who are in need of assistance but cannot afford legal
fees. (iii) Legal education and awareness to the community's people.
We provide legal assistance to women who are harassed or tortured by their
husband, family, or society. Since 1988, we have given assistance to many
thousands of women and girls across Nepal. At the moment there are 272 cases of
different category, like citizenship, domestic violence, rape, right to property
and witch - hunting is waiting for the decision to be made. Since January to
March 2006, 19 cases of different category have been decided in favour of the
Women's Foundation's client. Only one case registered by the Foundation went
against the interest of the client.
Legal education programs are an integral part of our effort to teach women their
human rights and responsibilities. These programs further serve to build the
capacity for self-organizing among women. The organization is running legal
awareness classes in Jhapa, Dang, Panchthar and Sindhupalchowk districts
A
Recent Success Story
Binda Humagai was born in the Ramechhap
district in
Nepal. Her parents arranged her marriage when she was 15 years old. This is a
translation of Binda's story, as told by her.
“My husband and I had been married for
just one year when he married another woman and moved to
Kathmandu
. He visited me in the village from time to time but he treated me very badly,
arguing with me, calling me bad things and often he would hit me. Once he broke
my leg and I went to his parents but they did not support me. They said
that my husband behaved like this because I had bad luck, that I am a woman and
must accept my luck. I went to my parent's home but they were very poor
and could not support me. They could hardly support themselves. I was a
burden for my family and decided that it was my duty to live at my husband's
house, but his family did not allow me in their home and they showed me a small
plot of land where I could stay. I stayed at my neighbour’s house for a few
days and they helped me to build a very small house made of grass and stone. I
lived in that little house and worked on my neighbour's land everyday. From time
to time my husband and his new wife would come to the village to meet his
parents, but every time they treated me very badly. They took my food,
pots and other things and I could not do anything to stop them. I stayed in that
village for 15 years and sometimes I thought that I had cried enough tears to
fill a big pond. At that time I was 31 years old and believed that I was
an old woman. I lost hope for my future.
Two years ago my husband and his new wife came to the village and at night they
locked my house and tried to burn the house down. I escaped but all my
possessions were burned. When I ran from the house my husband chased me
with a knife. The neighbours heard my screams and they protected me.
I went to the Ward Member who was elected from my area and explained my
situation to him. He talked to my husband, but my husband threatened to
kill him also. My husband told me that he had many cars and taxis in
Kathmandu
and if I visited
Kathmandu
he would smash me "like a tomato in the road”. I was very afraid.
Seeing my situation, the Ward Member gave me the telephone number of the
Women’s Foundation, gave me money for the bus fare to Kathmandu and I was able
to find the Women’ s Foundation.
When I had met the woman at the Women's
Foundation I felt like I had a new life. They helped me to believe that I
was not as old as I thought and they convinced me that I had the opportunity to
create my own future. For two years I worked in the kitchen at the shelter
and they showed me great appreciation for my cooking.
WF's lawyers registered my case in court
and after two years I have finally succeeded in getting money from my husband
for the property which I am entitled to. I received NRs200,000 (Us$2700)
and used most of this money to buy a small piece of land in
Kathmandu
where I have built a house to live in. I feel I have respect from other
people now and have learned to read and write a little. The women at the shelter
showed me great support and helped me to believe that I am worth something. WF
is now helping me to prepare my land for farming. Without their help I am not
sure what my life would be like. I am excited about my future and even
though I will miss my friends at the shelter I feel proud that I have my own
land and my own life.”