Abstract

It begins by showing the moral, ethical and practical reasons why gender equality must be integral to sustainable development. Integrating gender equality with sustainable development requires profound conceptual understanding of both concepts and their inter linkages. It is also addressing the interactions, tensions and trade-offs between different dimensions of gender equality and of sustainability. Sustainable development has been a global agenda since the last 25 years. The millennium development declaration in the year2000 but MDGs are failure in application of it; by the united nation has set foundation for sustainable development goal to be achieved by 2030. It is shocking to realize that in 2020, women around the world, regardless of race, religion or sexual orientation still have to fight daily, both at home and at work, to overcome gender inequality. With everything that is happening around the world at the moment since the rise of the MeToo and TimesUp movements, the creation of the HeForShe foundation by the UN, Women’s Marches around the globe and many more initiatives which are fighting for equality, we believe it is our responsibility to participate in the conversation and make a change for a more gender-equal world. In 2016, just 57% of the world’s working-age women were in the labor force, compared to 70% of working-age men and in same date Global Gender Index ranked Nepal 110^th out of 144 countries for gender parity. It shows the position of women in the world. Nepal is highly patriarchal society and on almost every measure, women are worse off than men. Finally it addresses the policy and political challenges of transforming pathways towards greater gender equality and sustainability.

Introduction:

Sustainable development is the idea that human societies must live and meet their needs without compromising the ability of future generations to meet their own needs. Sustainable development was developed for the first time in the Brutland Report in 1987. Specifically, sustainable development is a way of organizing society so that it can exist in the long term. This means taking into account both the imperatives present and those of the future, such as the preservation of the environment and natural resources or social and economic equity. Sustainable Development that includes 17 Goals these are designed to be a “blueprint to achieve a better and more sustainable future for all”. Building on the principle of “leaving no one behind”, the new Agenda emphasizes a holistic approach to achieving sustainable development for all.

Gender Equality is 5^th goal of sustainable development. There is widespread consensus that progress on all of the SDGs will be stalled if women’s empowerment and gender equality are not prioritized holistically by policy makers as well as private sector executives and board members. Statements from diverse sources, such as the Organization for Economic Cooperation and Development, UN Women and the World Pensions Forum have noted that investments in women and girls have positive impacts on economies.

The term equality denotes the state of being equal in status, rights etc., it is defined as the condition of processing substantiality the same rights, privilege and immunities and being liable to substantially the same duties. Likewise gender equality is human right and equality in a real sense in terms of values, norms, vision, different behaviors, aspirations and concept required to establish an equal status between men and women, while keeping intact the biological or natural differences between them. It denotes women having the same opportunities in life as men, including the ability to participate in the public sphere. It is often used interchangeably with gender equity. It denotes the equivalence in life outcomes for women and men, recognizing their different needs and interest and requiring a redistribution of power and resources. It does not mean that women and men have to become the same, but that their rights, responsibilities and opportunities will not depend on whether they are born male or female.

The goal of gender equality sometimes called substantive equality, moves beyond equality of opportunity by requiring transformative change. Our world faces a persistent gap in access to opportunities and decision-making power for women and men. Globally, women have fewer opportunities for economic participation than men, less access to basic and higher education, greater health and safety risks, and less political representation. Guaranteeing the rights of women and giving them opportunities to reach their full potential is critical not only for attaining gender equality, but also for meeting a wide range of international development goals. Empowered women and girls contribute to the health and productivity of their families, communities, and countries, creating a ripple effect that benefits everyone.

No country has fully attained gender equality. Scandinavian countries like Iceland, Norway, Finland, etc. lead the world in their progress toward closing the gender gap. In these countries, there is relatively equitable distribution of available income, resources, and opportunities for men and women. The greatest gender gaps are identified primarily in the Middle East, Africa, and South Asia. However, a number of countries in these regions, including South Africa and Sri Lanka outrank the United States in gender equality. Around the world, Peace Corps Volunteers are working with communities to address gender equality and empower women through health education, business development, and by raising awareness of women’s rights and contributions to their communities and actively integrate women into the economic, political, and social development of their countries.

The World Economic Forum recently ranked the United States as 19th in the world on its gender gap index. The U.S. ranked higher in economic empowerment, but women’s earning power remains approximately 20% lower than men’s. Women in the United States have a very high ranking of educational attainment, though, with high levels of literacy and enrollment in primary, secondary, and university education. At present, there are more U.S. women attending college than men. The Gender Inequality Nepal score for this index is 0.661, with 1 representing gender parity and score of 0.497 in 2015 with 0 representing equality.

1.1 Causes of Gender Inequality in Nepal:

Over the years, the world has gotten closer to achieving gender equality. There is better representation of women in politics, more economic opportunities, and better healthcare in many places of the world. What drives the gap between genders? Here are some causes of gender inequality:

1 Extreme Poverty: Generally, poverty means economic backwardness. It is a situation in which an individual person is unable to attain a minimum standard of living such as nutrition, food, shelter, clothing, clean water and health service. In Nepal 18.7% people are under poverty line. Because of low income people are unable to provide education both children so they give first priority to son rather than daughter, believing that son will take care of their parents in old age and daughter will leave home after married.

2. Illiteracy /Uneven access to education: Literacy rate of Nepal around 70%. In Nepal male literacy rate is 71.6%, it is only 44.5% for women. Although literacy rates are increasing but men’s literacy rates are still higher than women’s due to unequal access to formal education and enrollment in schooling. Education inequality based on gender reflects social inequalityin Nepal. Young girls are more likely to obtain less years of schooling than boys because their parents view their children’s preparation for their adult marital roles differently based on gender. Therefore, young girls are less likely to receive a formal education. UNESCO also found that 50% of students in primary school will drop out before secondary school. Literacy rates are much higher for urban women than rural women. It decrease as age increases for both genders because more Nepali youth are attending school today than in the decade prior.

3 Child Marriage: Early marriageis a societal norm in Nepal and is reflective of patriarchalvalues. Nepal has the third highest rate of childhood marriage in Asia. Disproportionately affecting women, 40% of marriages involve girls of 15 years of age. Many women begin having children before the age of 20, especially in rural areas and in the Terai region. Although the 2072 Constitution of Nepal outlaws child marriage as a punishable offense, marriage without consent of parents is not clearly prohibit and many families find loopholes around the law. The earthquake in 2072 was expected to increase the number of child marriages because young girls were being raped in makeshift shelters and families were marrying their daughters to older men as a form of protection against sexual violence.

3 Lack of Employment Facility: Only 6 countries in the worldgive women the same legal work rights as men. In fact, most economies give women only ¾ the rights of men. Studies show that if employment became a more even playing field, it has a positive domino effect on other areas prone to gender inequality. Still 1.5% people are unemployed in Nepal. High employment makes higher empowerment of women.

Other some causes which hampering the gender equality are: Social custom belief and attitude, Discrimination against Girls Child, Unequal Pay, Sexual Harassment and Lack of Awareness of Women etc. All above problem are main problem of gender inequality such problem have to be settle.

1.2 Different Inequalities under Gender Inequality:

Economic Inequality: Occupational Distribution and Unpaid Work

Education Inequality: School Enrollment and Literacy
3. Health Inequality: Healthcare, Maternal and reproductive health
4. Family Inequality: Decision making in the household, Child marriage, Rape and Dowry
. Legal Inequality: Citizenship and Property rights

1.3 Solutions to the problem of gender equality in prospective of Sustainable Development:

1. Education: Education is a key area of focus. In 2074/75 literacy rate of people above 15 years is 58% in Nepal. Although the world is making progress in achieving gender parity in education, girls still make up a higher percentage of out-of-school children than boys. Approximately one quarter of girls in the developing world do not attend school. Typically, families with limited means who cannot afford costs such as school fees, uniforms, and supplies for all of their children will prioritize education for their sons. But prioritizing girls’ education provides perhaps the single highest return on investment in the developing world. An educated girl is more likely to postpone marriage, raise a smaller family, have healthier children, and send her own children to school. She has more opportunities to earn an income and to participate in political processes.
2. Health: Women’s health and safety is another important area. HIV/AIDS is becoming an increasingly impactful issue for women. This can be related to women having fewer opportunities for health education, unequal power in sexual partnership, or as a result of gender-based violence. Maternal health is also an issue of specific concern. In many countries, women have limited access to prenatal and infant care, and are more likely to experience complications during pregnancy and childbirth. This is a critical concern in countries where girls marry and have children before they are ready; often well before the age of 18.Quality maternal health care can provide an important entry point for information and services that empower mothers as informed decision-makers concerning their own health and the health of their children. Barriers to health care and service utilization in Nepal are attributed to geographical accessibility, limited health infrastructure, political instability, lack of resources, women’s low status in society, poor communication system in rural areas and shortage of trained health professional. Poor road infrastructure and a lack of public transportation add addition barriers to health services, especially in rural areas, because health facilities are concentrated mainly in urban areas. Expenditures for health care are often in the hands of men or older females, which may prevent younger women from seeking care for their own health problems. When medical professionals are available, Nepali husbands may be reluctant to send their wives for medical services when only a male doctor is available. Ultimately, women’s participation in household decision-making, employment influence over their earnings greatly determine health outcomes of women.

3. Economic and Political: Though women comprise more than 50% of the world’s population, they only own 1% of the world’s wealth. Throughout the world, women and girls perform long hours of unpaid domestic work. In some places, women still lack rights to own land or to inherit property, obtain access to credit, earn income, or to move up in their workplace, free from job discrimination. At home and in the public arena, women must be widely underrepresented as decision-makers. In legislatures around the world, women are outnumbered 4 to 1, yet women’s political participation is crucial for achieving gender equality and genuine democracy. The present president of Nepal is women along with 33% women representation in decision making place is not enough for them. That must be 50/50% for women and men.
4. Violence against women: Trafficking of women and girls, assault and battery on women, dowry related violence, rape, sexual harassment, and female feticide are some of the main forms of violence against women in Nepal. There are also other forms of culture and traditional violence, such as Dekui, Jhuma and tortures inflicted on women suspected of being a ‘witch’. Law provides that a women who appears in a court or office in connection with any judicial process shall not face any unnecessary harassment. In case anyone says something or utters words or makers gestures or displays any object or materials that invades the modesty of a women or encroaches on her privacy, it is deemed as libel and is made punishable.
To make gender equality must provide equal right of men and women in Education, Health, Economic, Social and Political sector and end the violence against women. It helps in sustainable development of our country.

2 National and International laws and its impacts:

2.1 National provision on Gender Equality

2.1.1 Constitution:

Till date, there have been seven Constitutions in Nepal moreover all the Constitutions have provision about the gender equality. Government of Nepal Act, 2004 mentioned complete equality in the eye of law and universal and equal suffrage for all adults. The Interim Government of Nepal Act, 2007 Mentioned that the citizen, men and women equally, have the right to an adequate means of livelihood, equal pay for equal work for both men and women, the health and strength of workers, men and women were not abused and that they were not forced to work unsuited to them. The Constitution of the Kingdom of Nepal, 2015 guaranteed no discrimination against any citizen on the ground of sex and in respect to the service of the crown which were open to both sexes. The mentioned provisions were mentioned in the fundamental rights and there was a provision of constitutional remedies. From this it was mandatory for the government to fulfill the provisions. The Constitution of Nepal, 2019 guaranteed no discrimination against any citizen in the application of general laws on the ground of sex and of appointment to the government service or other public services by mentioning them as the fundamental right and providing a constitutional remedy in the absence of its application. The Constitution of the Kingdom of Nepal, 2047 guaranteed no discrimination against any citizen in the application of general laws on grounds of sex and in regard to remuneration between men and women for the same work.

For the first time in Article 20 there is special provision of “Right of Women” in The Interim Constitution of Nepal, 2063. The constitution guaranteed no discrimination on the basis of gender and in regard to remuneration of both men and women for same work and no physical or mental or other form of violence to women. It also mentioned participation of women in state structures on the principles of proportional inclusion even in directive principles it mentions about equitable distribution of economic gains preventing any exploitation of gender, and carry out inclusive and progressive restructuring the problem of the state related to women. Regarding the formation of the constitution assembly, a minimum of one third of total number of candidates shall be women. Whereas for the registration of political party, there shall be a provision of members from neglected and oppressed groups including women in the executive committee at various levels.

The Constitution of Nepal stipulates that all citizens shall be equal before law. No person shall be denied the equal protection of law. Significant provision of this Constitution regarding women right is that it has guaranteed the “Right of Women” in separate Article 38 and describe that; no discrimination shall be made in the application of general laws on grounds of origin, religion, race, caste, tribe, sex, physical condition, condition of health, marital status, pregnancy, economic condition, language or region, ideology or on similar other grounds. Likewise, no discrimination shall be made on the ground of gender with regard to remuneration and social security for the same work. Also says that no discrimination shall be made for the reason of being a woman. Sons and daughters shall have the equal right to ancestral property. Right to participate in the State bodies on the basis of inclusive principle. Apart from above provisions, the most important development can be observed in the preamble, the spirit of the constitution where it mentions about gender equality for the first time ever in the history of Nepal. There are several challenges for the effective implementation of the new constitution. We can see here Participation of male and female in constitution making process.

YEAR	MALE	FEMALE
2004	6	–
2007	10	–
2015	5	–
2019	5	1
2047	9	–
2063	12	4

From above data we can imagine that the active participation of women in constitution making process is so low. Members Involved in Drafting the Constitution: Constitution of Nepal (2072 B.S.) there is more participation of women rather than previous constitution. At present women are involve in federal, province and Local level and we can say all over Nepal.

2.1.2 Muluki Ain

Muluki Ain 1910 was replaced by The Country Code, Muluki Ain, 2020 and Muluki Civil, Criminal (Code) Act 2074 B.S. replace the Muluki Ain 2020. Muluki Ani 1910 is an cient law of Nepal. There was many more unequal legal provision for the men and women. In Muluki Ain 2020 somehow protect the women right after the 11^th Amendment. There are some restriction in right of women but Muluki Civil and Criminal (Code) 2074 B.S. is more revived version.

Muluki Civil (Code) 2074. Part 3 Family Law have provision of Chapter on Marriage and Partition: women and men can file a case of Divorce in a court. Men/Son and Women/Daughter get equal right on property. Daijo, Pewa is women personal property so she has right to dispose her own property same as Muluki Ani 2020.

Women must obtain the permission from their father or sons before disposing of more than 50% of the immovable family property.

A marriage may be dissolved through the consent of both parties. Wife and Husband both can file case of divorce in certain circumstances. The wife is entitled to get her share of the couple’s property if she is abandoned by her husband, or she is treated cruelly, or the husband has brought or kept a second wife. If the husband or wife has been living separately for 3 years or more consecutively without consent of them may effect divorce.

2.1.3 Some Other Nepal Acts for Maintaining Gender Equality:

The Domestic Violence (Offence and Punishment) Act, 2066 B.S. This act define “Domestic Violence” under section 2(a) it means any form of physical, mental, sexual and economic harm perpetrated by person to a person with whom he/she has a family relationship and this word also includes any acts of reprimand or emotional harm. And Section 13(1) describe that a person who commits an act of domestic violence shall be punished with a fine of Three Thousand Rupees up to Twenty Five Thousand Rupees or Six months of imprisonment or both. This helps to reduce the violence against women.
National Woman Commission Act, 2074: Repeals the National Women’s Commission Act, 2063. Protects the interests and rights of women and provides for their proportional representation in the State Assembly and Parliament in accordance with Articles 84 and 176 of the Constitution of Nepal 2072 as well as Part 27 (Articles 252-254) of the Constitution provide provision to establishes the Commission. It also effectively include them in the mainstream of development in order to support women’s overall development and gender justice.
The Labour Act, 2074B.S. This act defines “Women may be employed like men after making appropriate arrangements on the basis of mutual agreements between the general manager and the employees or workers in question”. Likewise The Labour Rule regulates employment and sets out maximum working hours for minors and women.
The Contract Act, 2056 B.S: Enables women to enter into financial contract in any form and establish private firm or company. Women can also buy shares of a company and obtain benefits from them. Legal Capacity: Any person other than (a) Those who have not attained 16 years of age; (b) those who are of unsound mind may be competent for concluding a contract. Now in civil code 2074 provided that women can enter into any types of contract. There is no any specification on it and legal age is 18 years.
The Children’s Act, 2074 B.S.It recognizes girls have same status as boys. Discrimination between sons and daughters as to upbringing, education and health care is prohibited. What about Street children and orphan children in orphanage home is still questionable? We have to find out; Are they getting equal child right without discrimination which is provided by constitution and children act?
The Citizenship Act 2063 B.S. (Nationality)

The Interim Constitution and the Citizenship Act (2063) place Father or Mother are capable to transfer their citizenship to their spouse and children but restriction in application of it. Constitution of Nepal have guaranteed that citizenship right and shall get citizenship through Mothers name but practically it’s very hard to do that. People are facing many more problem because of nonfulfillment of legal provision.

2.2 International Provisions on Gender Equality:

2.2.1 The Universal Declaration of Human Rights (UDHR) 1948 Article 1 and 2

It elucidate the central theme of equality and equal treatment. “All human beings are born free and equal in dignity and rights.” “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. “All are equal before the law and are entitled without any discrimination to equal protection of the law.” All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

2.2.2 Convention on Elimination of all forms of discrimination against women (CEDAW) 1979:

Article 1: The Convention defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” The convention adopts a substantive model of equality. The recognition of difference in the convention is based on the premise that women are in an unequal position because they face current discrimination or they come bearing the effect of past discrimination or that environment at the family and public levels, is hostile to women’s autonomy. So to change the stereotype role, state parties shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.

2.2.3 International Convention on Economic, Social and Political Right (ICESCR) 1966

Article 3: It ensures the equal right of men and women to the enjoyment of all economic, social and cultural rights and equal opportunity for everyone to be promoted in his employment.

2.2.4 International Convention on Civil and Political Right (ICCPR) 1966

Article 2: Each State Party to respect and to ensure to all individuals within its territory and subject to its jurisdiction and protect rights without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2.2.5 Declaration on the Elimination of Violence against Women 1993:

It covers physical, sexual and psychological violence as well as violence both at home and elsewhere in society. It define the violence against women as: ‘Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.’

Conclusion:

Empowering women and promoting gender equality is crucial to accelerating sustainable development. Ending all forms of discrimination against women and girls is not only a basic human right, but it also has a multiplier effect across all other development areas. There is no sustainable development without gender equality so the gender norms and gender stereotypes are put rest then only society can reach gender equality. To end discrimination against women and girls everywhere is the main goal of Sustainable Development. There is a saying, “if you educate a man you educate individual, if you educate a woman, you educate a Nation”.

There are still gross inequalities in access to paid employment in some regions, and significant gaps between men and women in the labor market. Sexual violence and exploitation, the unequal division of unpaid care and domestic work, and discrimination in public decision making, all remain huge barriers such must be ended up. Nepal has been addressing the issues of gender equality in every Constitution, different Laws and accepts many International Conventions which is very admirable too but the effectiveness has not been seen as it should be. There must be implementations of legal provisions very strictly and public awareness program in rural areas in gender equality because women of rural areas are unaware of their rights.

As our country’s society is male dominating, till now women are regarded inferior as compare to male to some extend until and unless the habit of judging people on the basis of their gender, no government provisions can minimize the inequality from Nepal. There is high prevalence of gender discrimination in society due to illiteracy, ill health, poverty and social system. That’s why we need to take step forward to minimize gender inequalities and do participation of women in development sector, provide awareness programs, think as men and women get equal opportunity in every sector, follow plans and policies of government. Government is not only responsible for eradication of gender inequality but every person shall have to be realise their own responsible towards it. With these efforts only, a nation can meet the demands of sustainable development and then slogan of “Happy Nepali, Prosperous Nepal” meaningfulness is fulfilled.

Reference:

Constitutions of Nepal: 2004, 2007, 2015, 2019, 2047, 2063 and 2072 B.S.
Muluki Ain, 2020 B.S.
Muluki Civil (Code) Act, 2074 B.S
Labour Act, 2074 B.S.
Contract Act, 2056 B.S.
National Women Commission Act, 2074 B.S.
The Domestic Violence (Offence and Punishment) Act, 2066 B.S.
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Children’s Act, 2074 B.S.
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