The list includes single motherhood rights, the upcoming anti-bullying policy, the introduction of a consumer court and very recently, the Civil Code Act and Criminal Code Act!

Today, Nepal’s new Civil Code Act and Criminal Code Act which envision to bring major reforms in the country’s legal system, will come into play.

So, how do Nepalis benefit from them?
The Civil Code Act provisions the following:

• The law states that if a Nepali couple or a Nepali and foreigner take divorce in a foreign country, it can get legal validity in Nepal if the divorce process is based on the laws of that particular country
• It also allows a divorced women the right to use the property given by her former husband gives her, even if she remarries
• It allows a woman the right to use her father’s surname, mother’s surname, husband’s or both the couples’ surnames
• It provisions ‘usufruct’, which allows a person to transfer his/her property to somebody else. The receiving person can use the property as his/hers but cannot change the substance of the property without the owner’s consent
• It stipulates that an animal owner will be held responsible, if the animal harms a person

The Criminal code provisions the following:

• It provisions courts to enact extraterritorial jurisdiction whereby a crime is committed against a ship registered in Nepal then the courts can try the accused is he/she is found in Nepal
• It states that the punishment of offenders who are sentenced to jail for one year or less can be suspended if the court deems it fit to do so
• The new penal code sets the duration of life term up to 25 years
• There is a provision of plea bargain where an accused can get a punishment waiver of up to 50% if he/she confesses to his/her crime and also reveals other persons involved in the offensive act
• The court will decided the magnitude of punishment within a month after the committed crime is determined
• The penal code also that manipulating and misleading circumstances/factors will also be taken into consideration while declaring the sentence

According to Lawmaker Radhe Shyam Adhikari— a key person involved in drafting the laws,  lawmakers have incorporated modern concepts and principles of laws and have also involved extra territorial jurisdiction on some issues.

“These laws are as important as the constitution and in some cases, even more than the constitution because they touch upon the lives of every citizen,” Adhikari added.

Conclusion:
The two new codes will replace the 55-year old Nepal General Code.

We hope that the new laws will deliver the expected results and create a disciplined yet friendly-environment for the Himalayan Nation’s citizens.

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A future action plan revealed by the MoWCSW states that it will also enforce an Anti-corporal Punishment policy.

The said policy will implement children safety that is threatened by bullying and its adverse effects.

Studies and Surveys conducted on Bullying:
The Knowledge, Attitude and Practices Survey 2015 conducted by the Ministry, reveals the following findings:

• About 88.9 percent district level education representatives said that a considerable number of children from their districts were bullied at school on a regular basis
• 1 percent of the Nepal household girls and boys questionnaires respondents, who have been at school for some point of time, said that they experienced physical or psychological peer violence

According to a 2016 UNICEF study, psychological bullying and hazing by adults or other children through Information and Communication technologies (ICTs) or Cyber-bullying was a serious form of mental violence against South Asian children.

The study also warned that easy access to the Internet and growing popularity of camera-equipped smartphones had led to the rise of cyber bullying.

Additional Provisions of the MoWCSW Anti-Bullying Policy:
The Ministry also says that it will establish and run an integrated rehabilitation center and well-furnished old age homes to care for women and children who have been victims of bullying and senior citizens.

“The ministry will also set up a help desk at the central level to receive and redress the grievances of women, children, persons with disabilities and senior citizens. Rapid response teams comprising representatives from civil society, teachers and journalists will be formed for immediate rescue and protection of victim women and children,” informs the MoWCSW.

Interestingly, the Ministry says it will work closely with transport operators to establish women safety on public transport.

Early last year, cops in plain clothes nabbed over 80 persons for sexually harassing female passengers availing public transport.

Existing Nepal Laws define sexual assault as any form of sexual contact or actions like tapping, touching and showing sexually explicit pictures/videos to persons without their consent.

The post MoWCSW to Deploy Anti-Bullying Policy in Nepal appeared first on Nepali Sansar.