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JUDICIAL DECISIONS AND DIRECTIVES, NATIONAL
LEGISLATION, REGULATION AND POLICY
ANNEX II.
SUPREME COURT DECISIONS
FWLD vs. HMG/Nepal, Supreme Court, Bulletin 2058 B.S. Vol.
19, p.1. When the discriminatory provision that requires special
approval for women seeking foreign employment was challenged in
the Supreme court of Nepal, arguing it violates the fundamental right
to equality guaranteed by the then Constitution of the Kingdom of
Nepal, 1990, the Supreme Court validated the provision on the basis
of the constitutional provision which allows the enactment of special
laws for the protection of women.
Sapana Pradhan Malla for FWLD v. GoN, Writ no. 56/2058
of 2058. In this key case challenging the lower penalty for those
who rape a ‘prostitute’, the Supreme Court held that sex work is
like any other profession, and that no discrimination could be made
on the basis of sex work.
Sharmila Prajuli, Shova Shah and others v. GoN, Writ no. 3434
of 2060. As a result of this case, the Supreme Court ordered the
government to take “necessary steps” and initiatives to enact
appropriate laws relating to sexual harassment.
Sapana Pradhan Malla for FWLD v. GoN, Writ no. 3561 of
2063. In its ruling, the Supreme Court upheld the right of privacy
as per the Interim Constitution (see below).
Pro-public v. GoN, Writ no. 2822 of 2065. In its ruling, the
Supreme Court upheld the rights of women to freedom from violence
and harassment, as per the Interim Constitution (see below).
SUPREME COURT DIRECTIVES
Directives to Protect Confidentiality. Based on the writ petition
filed by the Forum for Women, Law and Development (Sapana
Pradhan Malla for FWLD v. GoN, Writ no. 3561 of 2063), the Supreme
Court issued a directive order to enact appropriate laws to protect
the confidentiality of women, children and other parties the judicial
proceedings of sensitive cases like violence, HIV infection and sexual
offences.
Directives to Control Sexual Harassment towards Working
Women in Work-Places such as Dance Restaurants, Dance
Bars, 2065. Following the writ petition filed by Pro-public (Propublic
v. GoN, Writ no. 2822 of 2065) and the review of a study
report on cabin and dance restaurants and massage parlours facilitated
by the Ministry of Women, Children and Social Welfare, the Supreme
Court issued a directive order requiring the government to enact
a separate and appropriate law for protecting the rights of women
working in cabin and dance restaurants and massage parlours. The
writ also demanded guidelines to end all kinds of sexual and economic
exploitation against women workers.
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