SUNGKONGHOE UNIVERSITY Master of Arts in Inter-Asia NGO Studies Masters Degree Thesis

Womens Land Ownership and Empowerment: A Case Study of Mrigauliya Village Development Committee Nepal

MAINS SUNITA BASNET 2011

MASTER DISSERTATION Womens Land Ownership and Empowerment: A Case Study of Mrigauliya Village Development Committee Nepal

Submitted By: Sunita Basnet The Graduate School of NGO Studies Master of Arts in Inter Asia NGO Studies (MAINS 2011-2012) Sungkonghoe University, Seoul, South Korea. Student Number: 20111603 Email: sunitabasnet6@gmail.com Date: 29 July 2012 Women are the victims of this patriarchal culture, but they are also its carriers. Let us keep in mind that every oppressive man was raised in the confines of his mothers home. Shirin Ebadi

ABSTRACT Traditionally, land is considered to be related to womens sustainable livelihood, prosperity, social status, economic security and political power in Nepal. Since womens rights to property have been incorporated into various national and international legal and political documents as significant element of human rights, womens access, ownership and control over land remains largely limited or absent in actual practices. Despite the fact that land entitlements for women have been recognized and encouraged in Nepal in recent decades mainly after the re-establishment of democratic system in 1990 as one of the pillars of empowerment of women, positive relation between land ownership and womens empowerment has not been well established. This study makes an attempt to find whether and how there is such relationship, and also it tries to answer some other questions such as: how, what kind of, and through which process do women own land in Nepal? What are the factors that determine womens access to and control over land? The study confirms many normative and empirically based arguments that land ownership can play crucial role in womens empowerment in many ways. But it also finds that land ownership alone cannot be sufficient for womens empowerment in Nepal, thus other supplementary factors might be relevant. It reveals the fact that almost 41% surveyed women legally own the land. Most women have security of land tenure as wives and daughter-in-law; whereas, very few of them have through parents and own selves. It shows that if females do not cooperate with the male members either father\brother\ husband, they might be cast out and no one seems to be out there for them. It also finds that very few women, who interestingly happen to be widow with small children and live separately, have full control over their land. And when women with land ownership are educated, it is highly likely that they are willing to invest their
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land in education for themselves and their children, which might be crucial for the empowerment of women in Nepal. Generally marital status and family relationship seem to determine females access to land and other form of property ownership in Nepal. Keywords: Womens Land Ownership, Womens Right, Empowerment

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ACKNOWLEDGEMENT In acknowledging the help, I am grateful to a number of people, who have been of immense support during the period of undertaking this study. I must begin first by expressing my greatest indebtedness to my thesis supervisor Professor Songwoo Hur, whose guidance and support has been of significant importance, without which my dissertation would not have been completed the way it has. My appreciation goes to thesis director Professor Hyo-Je Cho for providing his insightful guidance, encouragement and inspiration throughout my stay at the University. I proudly take this opportunity to extend by hearty thanks to all the professors who gave lectures to the MAINS class of the year 2011-2012 their sound and insightful lectures have contributed one way or other to this study. Although I unfortunately could not meet Prof. Cho-Hee Yeon, who has been of great help initially during admission administration, deserves my sincere thanks. I would also like to express my sincere gratitude and appreciation to Professor Sungkyung Kim for her valuable suggestions provided prior to conducting the survey, and Ms. Anjana Luitel for helping me to translate all the questionnaires from English into Nepali. I have been quite fortunate in having interactive MAINS classes on womens property rights as this study has benefitted a lot. I am very thankful to Ms. Min-Kyung Paik for her kind assistance to me in borrowing books from inter-library loan system. My deepest appreciation goes to Hyundai KIA Motors, which in cooperation with MAINS enabled me to successfully pursue the Masters Degree study by providing full scholarship to me. I am grateful to my two sisters Sushma and Urmila for their help in conducting the survey. No less has been continuous moral support and encouragement of my parents, to which I am always indebted. I cannot help but appreciate the participants of survey, who volunteered generously their time and willingness to share their experiences.
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Last but certainly not least, I am indebted to my husband, Jeevan Baniya who not only gave me a moral support to pursue my Masters degree at MAINS immediately after a couple of months from our marriage, but he also has helped in reading through much of the manuscript and making critical comments and suggestions. Your support, understanding, assistance and kindness will always be cherished. It was the keen interest of my father-in-laws, Chandra Bahadur Baniya who wanted to see me graduating from MAINS program. But unfortunately, he passed away a couple of months before the submission of this research. Therefore, I would like to dedicate this study to him in his memory.

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LIST OF ACRONYMS ADB: CBS CEDAW against FWLD GON: HDI HDR ICCPR ICESCR MDG SC UDHR UNDP VDC: Asian Development Bank Central Bureau of Statistics Convention on Elimination of All Forms of Discrimination Women Forum for Women, Law, and Development Government of Nepal Human Development Index Human Development Report International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights Millennium Development Goal Supreme Court Universal Declaration of Human Rights United Nations Development Programme Village Development Committee

INDEX OF FIGURES Figure 1.1: Figure 1.2: Figure 1.3: Figure 1.4: Figure 1.5: Figure 1.6: Womens land acquisition through family members Enlightened husband and womens ownership on land Womens willingness to invest land in education Womens decision making in rice plantation Womens decision to sell land without anyone consults E nhancement of womens decision making p osition through land ownership Figure 1.7: Figure 1.8: Figure 1.9: Womens Empowerment and Land Ownership Management of income from land Empowerment of women through land ownership

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Table of Contents Abstract .................................................................................................................................. i Acknowledgements ............................................................................................................. iii Acronyms .............................................................................................................................. v Index of Figures ................................................................................................................... vi Chapter 1: Introduction ............................................................................................................ 1 Background of the Research .................................................................................................. 1 Aims and Questions of the Research ..................................................................................... 5 Research Methodology .......................................................................................................... 7 Organizations of the Chapters ................................................................................................ 9 Existing Literatures on Womens Empowerment through Land Acquisitions ....................... 9 Chapter 2: Womens Status, Property Entitlement and Empowerment. ............................... 13 Social Cultural Backgrounds of Suspended Womens Land Property Rights ..................... 13 Womens Legal Property Rights and Remained Issues ....................................................... 16 Linking of Land Entitlement with Empowerment ............................................................... 21 Chapter 3: Land Entitlement, Education and Empowerment .............................................. 24 Enlightened Husband and Womens Ownership on Land.................................................... 24

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Investment of Land in Education ......................................................................................... 27 Chapter 4: Land Entitlement, Autonomy and Empowerment .............................................. 32 Womens Autonomy for the Use of Land ............................................................................ 32 The Relationship between Women with Land Ownership and Decision Making Position . 35 Access to Investment and Management of Income ............................................................. 38 Chapter 5: Concluding Remarks............................................................................................ 43 References ............................................................................................................................... 45 Appendices .............................................................................................................................. 54

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CHAPTER 1 INTRODUCTION Background of the Research The overall situation of women in Nepal is worse than that of men. Reports on women have revealed that they get involved in agricultural activities longer than men but have little access to the economic resources they generate when it comes |to acquiring property(Basnet 2010:17).
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One might often ponder, why this is the

case? This might have been resulted mostly from traditional prejudices, which ultimately gives more power to men and creates unequal access to food, health, education, finance, information and resources (Subedi 2010).2 The widespread poverty has also contributed to make women less skilled, mentally incapable and physically unfit. ADB (2009) reported that 25.4% of total population is living below the national poverty line in the country, where poverty affects women disproportionately. On the other hand, HDR (2001) reveals that in the past 3 decades, the agricultural growth is less than 2.5%, where population growth is more than 2.5%, and food scarcity has been the prime factor in increasing rural poverty. As a result, women face the greatest socio-economic and political inequalities throughout the country compared to counterparts. Illiteracy lags women far behind men in access to material resources including property. The recent adult literacy rate shows strikingly large discrepancies, where adult literacy rate is 43% for female and 71% for men in 2010(USDS 2011).
In general Property includes both movable and immovable things. However, property in the context of my dissertation should be understood as land only, which can be own through inheritance (mostly) and often purchase or tenancies. Hence, I have used the term land and property interchangeably. Similarly, property rights refers to the right to use, capitalized on, invest in, consume, sell and donate property (Scalise 2009). 2 Women are also treated differently depending on caste, class, ethnic groups, culture and location (Basnet 2010). - 1 1

Likewise, human rights groups estimate that there are approximately 800,000 (still arguable) state of de facto statelessness due to lack of citizenship certificate, where majority are women (TKP 2011c; Jha 2010).3 Women especially in rural areas are not even aware of citizenship and their rights (Dhital 2010; Laczo 2003). In the absence of citizenship certificate, women face a major barrier to claim their rights over land they are tilling (Kiruppalini 2006:15).4 Citizenship is significant for

women. Shachar and Hirschl (2007) insist that citizenship is similar to the other types of property that allows its possessor to exercise freedom and autonomy through what is legally hers and to protect her rights against others. However, In Nepal, women were restricted to transfer citizenship to their children until 2006 (Jha 2010; White 2009). The issue of citizenship based on matrimonial status still abide common in practice due to the lack of clarity in legal and administrative procedures (Archarya 2011).5 This lack of awareness has deprived many children from various social benefits that are provided by the states and private institutions (Jha 2010). Studies have shown that patriarchy legitimizes various prejudices and maintains unequal power relations (Ghandhi 2004; UNESCAP 2000), which have left women far behind men. Until 2005, womens right to property were not even admitted in public policy but today it is admissible yet includes many disputes. Majority of

The government of Nepal (GON) reported that the number of people without citizenship in 1995 was 3.4-5 million and has provided citizenship to 2.6 million in 2007/2008. The gap between the original of people without citizenship and the number of people who received citizenship is nearly 1-2.4 million eligible Nepalese people, who are yet to receive the citizenship certificate (for more information, Jha 2010) 4 In a survey conducted in two (Morang and Sunsari) of 75 districts in Nepal, 70% of the respondents said that they faced citizenship issues especially to attain scholarships for higher education, foreign employment, receiving loan from financial institutions, starting a business and holding property(Cited in Dhital 2010, Jha 2010). 5 According to The Kathmandu Post one of the renowned national newspaper in Nepal, the District Administrative Office of Dolakha, one of the 75 districts, hesitated to provide citizenship to Sabina Damai on the basis of her mothers citizenship in the last week of February 2011 and later was granted the citizenship with the help of Supreme Court (TKP, 2011a). - 2 -

women especially rural women cannot afford to buy land and usually they can have access to land through male relatives and mostly it depends on good marital and family relations (Benschop 2004).6 Still many challenges remain when it comes to the implementation of laws into substantive equality for women. State also continues discriminating women on the basis of sex in citizenship matter (ADB 2010; Laczo 2003). A child for instance, born to a Nepali father and foreign mother can get citizenship on the basis of descent, but if the child is born to a Nepali mother and foreign father, the father must live in Nepal continuously for 15 years and the child is given only naturalized citizenship (Bashyal 2011). Besides, the very unequal distributions of wealth, power and privilege among people have brought the severe consequences of gender stratification. Land especially arable land is considered as major property (productive assets) in agrarian economies like in Nepal. Traditionally, it is seen as a divine because of its association with sustainable livelihood, prosperity, social status, economic security and political power in Nepal (Agarwal 1994; CSCR 2008a; UNDP 2004). Currently, 84% of the population dwell in rural areas (CIA 2011) and are dependent on agriculture for subsistence farming, which contributed 40% of the GDP (Kiruppalini 2006). About 80% population relies on agriculture for employment (UNDP 2001), among them 60.5% are women (Shrestha 2009). However, much of these arable lands in Nepal are in private hands and especially with very limited people (male) and access to these lands are possible mainly through inheritance. Human Development report (HDR) reported that about 37% of agricultural land is owned by 5% of people from elite class (UNDP 2004), whereas, 1.4 million

The Gender-related Development Index (GDI) for the rural areas is 0.430 compared to 0.562 for urban areas, which indicates the higher degree of gender inequality in rural areas (UNDP 2004). - 3 -

farmers are landless (eKantipur 2011) which disproportionately affects womens access to land. The central bureau of statistics (CBS 2008) reveals that only 10.84 and barely 5.51% of women have land and house ownership respectively. Among other cause, state also played a discriminatory role during the time of land distribution to the landless people by excluding women (Luitel 2009).7 It has revealed that the gender gap on land also intensified during the time of extreme land scarcity. The Government of Nepal (GON) has taken initiation on womens sustainable empowerment by favoring womens right to property. The initiation includes the abolition of fifty-six discriminatory laws based on sex and creating new legislations for women (Upreti 2011). One of the key focuses of increasing womens property ownership has been the 11th Amendment of the Country Code (Muluki Ain) that secures a number of human rights related to property for women: equal inheritance right, equal rights on husbands property and widow rights on property. Additionally, tax rebate while transferring or registering land on women s name has been imposed in the hopes of bringing women into the mainstream land ownership and empowering them. Studies have also showed that womens property ownership empower women by increasing womens self-esteems, ability to contribute to decisions, ability to borrow, access to economic resources (Benschop 2004; Furuta & Salway 2006:18; Baskota 2009; Pandey 2009). Womens equal right to inherit, access, own and control land is firmly recognized under statutory national laws, but the persistence of patriarchy deprives women from enjoying their rights. There is still a lack of implementation in local level because of two
According to Sukumbasi Samasya Samadhan Aayog, a total of 263,738 Sukumbasi (landless people) families applied for land entitlement rights and out of these only 54,170 families were considered as genuine Sukumbasi (cited in Karki 2002) and 18400 out of total genuine sukumbasi were liberated through the July 2000 declaration (Gefont 2006). - 4 7

reasons. First, the defective value system, lack of education, and ignorance of the law among women have pose challenge to exercise these rights in rural areas (UNDP 2009). Second, even if women manage to own land with the help of close kin, they have no control over it (Upreti 2011). Many scholars and studies have argued that property right is very crucial for women who are poor and illiterate because womens right in, access to and control over land is the most critical factor in womens empowerment and gender equality (Allendrof 2007; Bennett 1981; Farha 1999; Rana 2007; Soto 1989; 2000). Land

as property can be kept as collateral to secure loans and credit and used for further investments, education which might lead to better opportunities and advance in better life (Bennett 1981; Soto 2004). Many reports illustrate that the absence of womens equal property rights hinders the economic development and empowerment of women (Farha 1999; Rana 2007). However, Williams (2006) argues that when the poor (men and women) use the land as collateral, they are unable to recover from the loss of land. We dont know whether land ownership has positive or negative impact on women because there is still a huge debate on whether land entitlement empowers women. No studies have so far established this relationship. Undertaking the studies in Mrigauliya village development committee (VDC), this study seeks to find the linkage of empowerment of women through land ownership.8 Aims and Questions of the Research

The term women in the context of my dissertation should be understood as women who are single (unmarried), married, divorced and widowed depending upon the context and the term land is used broadly, referring to all land including that which is arable, agricultural, inherited, owned, leased, rented, the place upon which a house is established. - 5 -

Womens land status has been one of the fundamental areas of womens empowerment process (Luintel, 2001) because land is perceived for its inalienable wealth, empowerment and dignity (Williams 2006). There has been a huge debate on whether the policy interventions have benefitted local women and empower them in larger extend. Even the scholar like Pandey (2009) affirms that Nepal is facing severe challenge to raise the number of rural women on property ownership and has highlighted the need of further studies on rural womens access to land. Land entitlement in relation to womens empowerment is considered as an important aspect because it not only provides social security but also empowers the owner and the family in the larger extend. Hence, there is a need for a study to explore whether empowerment of rural women through land ownership is possible. Very little attention has been given to womens control and equal rights in land. Since there are few studies on womens empowerment through land entitlement, the key exploration of my research is to find the linkage of empowerment through womens land entitlement. In doing so, it looks into the socio-cultural and economic factors that inhibit or contribute to womens entitlement of land. I have used education and autonomy as attributes to measure empowerment of women through land ownership. Then, I discuss on how womens property right might have empowered them and have benefitted the family. This is the hope that the findings of this study might be of great potential to policy makers, bureaucrats, womens organizations, feminists and international agencies to devise new or alternative ways of strategies to bring women in equal footing with men and developing more democratic and just society in Nepal. As discussed above, this study presumes that land ownership is one of the many

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tools that can improve womens status, together with other policies, programs and activities. But, there are many questions that can be relevant to ask in relation to this presumption and the general dynamics of land ownership and womens empowerment: To what extent does land ownership empower women within the family? Who owns land and on what basis? Do women holding land engage more in household decision making than those with no ownership? Research Methodology Land ownership for the socioeconomic empowerment of Nepalese women has become popular development strategy in recent years. However, only very few studies have been conducted on womens empowerment related to land ownership. There is rare statistical information on the number of women empowered from land entitlement by public institutions. This study conducts the quantitative survey to obtain the factual data on womens empowerment through land entitlement. Quantitative research method can offer a generalization of the entire population from which the sample is drawn (McMillan and Weyers 2007). The survey includes 100 women from Mrigauliya VDC who were at least 16 years old.9 Mrigauliya VDC lies on Koshi zone, Morang districts. I have chosen this VDC because of four reasons. Firstly, this VDC includes my village where I grew up and am familiar with local people especially women. According to the Mrigauliya VDC office, 6719 are female out of 13,710 population in 2006 and is estimated that every year the population is increased by 2%. The population of female who are at least 16 years are around 4,000. I intentionally selected this age group because after the age of 16, every individual can acquire citizenship, the
Nepal is politically and geographically divided into 14 zones and 75 districts. There are 4000 VDCs and 9 wards (unit) in each VDC (Shakya & Upadhyaya 1997). - 7 9

most requisite legal documents to own property. Secondly, the number of women who holds property have boosted unexpectedly since 2009 in Mrigauliya. However, it is very difficult to accurately estimate the current number of women who owns land in Mrigauliya, due to the absence of up-to-date statistics, negligence and lack of gender disaggregated data. Up to the thesis writing time, there are 1616 women who own land in the form of property. Thirdly, Land is used as agricultural farming and is one of the prominent (99%) substantial sources of livelihood, employment, asserts and income in this VDC. Finally, there are also a diverse socio-economic classes and groups of the respondents. Among those 100 women, 41 women have had property entitlement and were married (Appendix I (Table 1.1)). The questions are structured in the way that relate land ownership with empowerment because the official statistics do not reveal who actually controls over land, even though women may be officially registered as owners of land. The questionnaires were first written in English then translated into Nepali. The questionnaires contents were developed after reviewing the literatures and were pre-tested with three Nepali women from Mrigauliya for cultural sensitivity, logic and clarity. The respondents were selected randomly from various wards of Mrigauliya VDC by visiting door to door. The questionnaires were distributed to those who could read and write. Simultaneously, face to face survey was conducted for those who could not read and write with the help of three graduate students.10 The survey includes thirty questions and the data collection lasted for a month in December 2011, although, it was initially planned for two weeks.11 I should admit that the survey gives little information on many of the social variable. Microsoft
Originally I wanted to conduct my fieldwork in Mrigauliya by myself but due to the time constraints and the continuation of study in Korea, I therefore had to give up my original idea and find the alternative to these problems. 11 Refer chapter 2 for more details. - 8 10

Excel was used for analysis and the interpretation was done on the basis of average, frequency distribution, regression and percentage of responses. The survey was filled only by those women who meet the age criteria and were willing to volunteer their time. Organization of the Chapters The dissertation is organized in five chapters. The first chapter is the introduction. Chapter two scrutinizes womens status, property entitlement and empowerment in Nepalese society. First, it investigates the social cultural barriers of suspended womens land rights. Thereafter, it provides a brief history of womens legal property rights and remained issues in national and grassroots level. Finally, the chapter defined empowerment in relation to property rights. Chapter three and four are the main chapters of this study as it includes the findings based on information gathered from the survey. Chapter three analyzes the womens empowerment through education in reference to property ownership. It further scrutinizes the willingness of women to invest their property in education and how enlightened husband helps to empower women through land acquisitions. Chapter four seeks to investigate womens autonomy associated with property ownership. It focuses on how and why property ownership affects the control of economic resources in terms of household position, family decision making and control and management of income. Based on the survey result, the information of womens with and without property ownership is compared and contrasted on their household decision making position. The last chapter includes conclusion and recommendation made based on the findings of the survey. Existing Literatures on Womens Empowerment through Land Acquisitions
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Since, land has been identified as a source of power, pride, dignity, prosperity and commodity (Agarwal 1994; Pandey 2009:281; Shrestha 2009), right to property and land entitlements have been tools for womens empowerment (CWLR 2005).12 According to De Soto, property rights transform dead capital into resources that can be used to generate additional capital (1989; 2000). The reason behind is that

the establishment of property rights for the poor is the key to economic revival in developing countries like Nepal. The empirical literature examining the impact of property rights finds the correlation of property right and economic growth. It is assumed that strong property rights fosters economic growth by encouraging entrepreneurship, investment, capital accumulation and technological innovation (Williamson 2011). Likewise, womens access to land is a march out of poverty and heading towards gender equality. Eve Crowley of the Land Tenure Service at FAQ state that poverty is inversely correlated with land ownership, where direct access to land minimizes womens risk of impoverishment and improves the physical well-beings and prospects for their children. However, there is a concern that while recognizing property rights it widens the gap between haves and have-nots and may result in increased vulnerability and further disempowered women (Williams 2006). The gap is likely to weaken human rights and decrease human security. It remains unclear whether simply granting land entitlement to poor will be the engine to lift them out of poverty. How can a piece of paper which represents ownership create value? Lozada (2001) argues that property rights alone is not sufficient for empowerment:

Goetschel (2006) has defined entitlement as the ownership, control or access to the benefit streams and utilities derived from a resource. According to Ostrom (2000), property ownership is an enforceable right which includes the right of access, withdrawal, management, exclusion, and alienation of ones assets. - 10 -

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Reducing poverty might require more than merely the establishment of clear and fair property rights. What about the low nutritional standard and weak public health systems that undermine the productivity of poor workers? What of the international financial volatility that affects the prices of the mineral or agricultural goods many developing nations export? And what of the other layers of legal reform-such as bankruptcy laws, antidiscrimination legislation, and anticorruption measures- that poor nations need to participate fully in the national and global marketplace? However, others argue that there are many positive aspect of womens ownership of property. Shrestha (2009) firmly asserts that womens influence in land empowers them economically, socially and politically and insists that women with stronger control over land are less likely to become economically vulnerable. Reports also show that land ownership is one of the potential factors to empower women and promote the welfare and well beings of women and their families (ADB 1999; Allendorf 2007:7-8). By granting the poor women legal title to land, the owners not only have more security, but also can join the formal economy and access to credit using their land as collateral and generate capital and begin to prosper which finally lead to womens empowerment (Soto 1989; 2000). 13 Similarly, womens access to land boosts bargaining power of women at home, enhances confidence, makes legal awareness, strengthens their competence to tackle social and political gender discrimination and augment their autonomy, which will increase the power of women and secure their future (Ibid). Children of mother with land ownership are unlikely to be malnourished or stunted and

Welfare and Well beings includes access to agricultural inputs, credit, income, sustainable productions, improve maternal health, reduce child mortality, invest in child education and improve household positions. - 11 -

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emphasized that womens land rights will empower women by increasing their efficiency and welfare (Allendorf 2007). It is because land can be kept as collateral and used for further investment, education, loan, which leads to better opportunities resulting in better life. However, Williams, Nobel Peace Laureate, highlighted the risks of using land as collateral for loans for empowering poor women and argued that if the poor use land as collateral, they are generally unable to recover from the loss of their assets and finally they began to lose their land (2006:171). In Nepal, married daughters are still discriminated by law on parental property (Scalise 2009; elaborated in chapter-2). For this, Jha (2009:49) criticized the work of womens rights advocators, arguing that the advocators have forgotten to maintain equality among women. However, Niimi argues that patriarchy creates unequal power relation (2009:32) and empirical studies show that gender inequality is caused by cultural, social and economic factors. Equally, we must question differently if we are to understand the situation. Who is responsible for treating son and daughter equally? Why do parents discriminate among their own children? It requires the further investigations and studies. Still considerable population thinks that sexuality and property are private issues and should be outside the realm of public sphere (Luintel 2001:93). Outside interventions including neighbor, community and state are totally unacceptable in both matters (Ibid: 93). The next chapter scrutinizes womens status, property entitlement and empowerment in Nepalese society.

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CHAPTER 2 WOMENS STATUS, PROPERTY ENTITLEMENT AND EMPOWERMENT Nepal is a patriarchy country which defines womens socioeconomic dependency shifts from father, then husband, and finally to son (Kandel 2005:1; Manderson & Bennett 2003). 14 This chapter analyzes womens position in relation to property ownership, highlights the history of womens land right and examines its link with empowerment. Social Cultural Backgrounds of Suspended Womens Property Rights Nepalese women are barred from inheriting and acquiring property for number of reasons. In this section I will focus on why the legal provision on land rights does not work in reality because of diverse backgrounds for lack of womens land property rights. In other words, how far legal provision related to property might empower women in rural areas. There are some reasons why womens legal land right does not work in practice. First, the boy preference culture dejects girls to inherit land in families. Still many women are obligated to give a birth to a son child in the name of preserving traditions. There is still a strong boy preferences culture from birth to death (Martin 2008; Subedi 2010). Only son is accepted to carry the family name, take care of parents, perform death rituals and inherit property. The chances of daughters inheriting land in families, which do have sons, are very rare. Second, the public private division of men and women might relinquish womens access to land. From the early ages, boys are prepared towards outside world to involve in productive and decision making function; whereas girls are detained to the inside

Patriarchy literally means rule of father or rule of men which has hierarchical relation between men and women (Subedi 2010). - 13 -

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world to learn the household drudgery to be a good daughter, perfect home maker, dutiful and loyal wife and loving mother (Shakya & Upadhyaya 1997). The traditional and religious practices have played adverse role on womens empowerment. The religious background such as female seclusion severely hinders the actual possibility for women to claim their rights (Agarwal, 1994). Scholar like Agrawal (1994) argues that physical and social confinements such as: what sorts of interaction are permissible with which men, in what contexts, within which spaces and using what modes of conduct create restriction of female mobility outside of family, which might create barriers to women self-management land. If women are to come out of these confinements, they can start working which includes monetary values and might help owning land. There are evidences that women who have been migrating for work beyond borders, for instance, are able to own land and increase the ownership tremendously (Bhadra 2009). Third, illiteracy severely limits womens right to property (Rana 2007). The general belief in rural areas is that if you educate a son, he is yours and so he brings fortune to the family. But it is no use educating a daughter who will eventually belong to others. This belief affects the adult literacy rate into significant discrepancies. In Nepal, female literacy rate is 43% compared to 71% of male in 2010 (CBS 2010). When it comes to the priority of sending children to school, often daughters are left behind (Manderson & Bennett 2003).15 Although there are many benefits of educating women, there have not been any serious measures to change the situations. Investing in daughters education is something like watering the neighbors flower plant (Kandel 2005). However, uneducated women are unable to understand their rights, privileges and
According to the Nepal living standard survey, 21% of the population aged between 6-24 years revealed that they have never attended the school. Among those, 38% of females cited reasons as parents do not want, while others reasons were excessive workload of the households, poor economic conditions of parents, unaffordable education fees, and school far way (CBS 2004). - 14 15

obligation (Ibid). It is said that womens higher illiteracy levels might yield into inadequate access to cash, lack of information about proper market, legal awareness and production technology which might limits women to acquire and manage land (Luitel 1996). Finally, the exercise of marriage system might undermine access to land. Culturally, patrilocal residence (bride goes to live in bridegrooms house) is widely practiced; whereas sons stay at home and look after parents (Kandel 2005). Patrilocal residence might be another factor that discourages parents to provide property to their daughters. Besides, hospitality of a son-in-law and his parents is utterly tabooed for the father and is shameful to take anything from married daughter or her belongings (Agrawal 1994). It could be a reason that parents unconsciously transfer the property to son. Furthermore, early marriages often take places between the ages of 15-20 in rural areas. Studies show that the possibilities of having many children from early marriages are higher. Scholar like Agrawal (1994) argues that the greater the number of births, the more time women have to spend on pregnancy, lactation and childcare, and the greater will be the constraints on physical mobility and overall ability to control and manage land. Women (unmarried/ married/widowed/ divorced) are vulnerable on exercising property rights. It is socially unacceptable to remain single (unmarried) but only unmarried daughter can claim the right on parental property. Besides, the social understanding of good daughter discourages female from claiming patrimony. Until 2002, divorced women neither received the property from husband and his family nor from parents (Sangroula and Pathak 2002) and still relevant in rural areas. Similarly, polygamy is still rampant although it is legally restricted (Subedi 2010). A survey estimated that 4.4% of Nepalese women were living in polygamous marriages in 2001 (Sigi 2009). Polygamy can result in an unfair distribution of property among wives
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following the death of husband or render some women destitute when resources are limited. Agarwal (1994) affirms that the greater the control on female sexuality, the greater would be constrains on womens ability to claim and effectively manage land. The findings presented in this thesis also suggest that still womens considerable number of women lack fair access to opportunities and resources (see Appendix I table 1.1). Whatsoever, Nepal is still the strongest male dominated society where womens life is fully controlled by their father and brother before marriage, by husband after marriage and by son in old age(Luitel 2001:105). It is challenging for women to own/inherit land when they are living with the mercy of male from life to death. On

the other hand, there are various factors which impact womens status in the family such as age experiences, giving birth to a male child etc; which can change womens status in the family to more power wielding positions. Womens Legal Property Rights and Remained Issues This section highlights the contemporary property right movement for women in Nepal. I will first describe the process of government side and then role of womens organization before and after having full land rights permission and currently remained issues. The first codified law in Nepal regarding property was Muluki Ain (law of land) of 1854, which was very discriminatory against women. Womens equal property inheritance and land ownership is one of the most concerning areas since its formation. Muluki Ain has its root on Hindu scriptures, Manusmriti, which describe the rules of

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life, including the place of women in the society (Pandey 2009).

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Muluki Ain had adverse effect on womens overall status in Nepal. Manusmriti states that a wife, a daughter and slave will not get any property. The property they acquire belongs to the man to whom they belong (cited in Subedi 2009) and the male member of the family is responsible to provide gift at daughter/sisters wedding and to bear the wedding cost in the name of womens rights to property (Pandey 2009:282). However, the law was amended in 1964 (still guides Nepals land reform legislation), but women were again fully excluded from equal property rights (Kandel 2005). Only Muluki Ain of 1976 acknowledged womens issues including womens right to property but terms and condition were imposed (Ibid). According to the partition section of the Ain, a daughter was entitled to parental property, if she remains unmarried and reached 35 years old and is expected to live under the guardianship of her parents and her brothers until her death. However, upon her marriage, she had to return the remaining property (excluding the wedding cost if any) to the heirs. Likewise, the Ain only recognized married women as successors if any members of husbands family denied providing food and other necessary arrangements or husbands take a second wife. However, she could only dispose maximum half of her property without anyones consent. Otherwise, women needed the consent of men to dispose the inherited property i.e. unmarried women needed permission from father/brother; divorced women and widows needed consent from their adult sons. However, married women would not receive any property if the property belongs to father-in-law (cited in Sangroula and Pathak 2009). Unlike Sons, neither unmarried daughters below the age of 35 received equal education, food and other expenses (except marriage expenses), nor they were recognized as
Until 2005, Nepal was only the Hindu state in the world, deeply influenced by Hindu philosophy (Kandel 2005). The rule of life, according to Manu is that, a female child should be under the guardianship of father, under the husband once married and under the control of sons after the death of husband (For more information Pandey 2009). - 17 16

coparcener of the ancestral property (Adhikari 2011). This indicates that one of the biggest hindrances to womens economic development and empowerment was the absence of legal provisions that guarantees women equal property rights (Rana 2007). The constitution of the Kingdom of Nepal, 1990 was promulgated after the restoration of democratic system but again it only granted partial property rights for women. After 1990, the government of Nepal (GON) has also ratified various United Nations conventions that aim at protecting and promoting the rights of women (Pandey 2002).17 The ratification also encouraged womens organizations and were also organized and promoted by donors to demand for the abolition of all forms of discriminations based on sex and highlighted the issues of equal parental property and property rights for women (Ibid). The role of various womens organizations and other civil society organizations has brought the issues on forefront of Nepals political debate. Yet, it has long been contentious issues in Nepal. Meera Dhungana and Meera Khanal filed a case in the Supreme Court (SC) in 1993 against Muluki Ain on partition share that discriminated women against property right (Subedi 2009:45). The petitioners claimed that section 1 and 16 of the partition share inconsistence with Article 11 (2) of The Constitution of Kingdom of Nepal-1990, Article 2 of UDHR-1948, Article 26 of ICCPR-1966, Article 3 of ICESCR-1966 and Article 1, 15 and 16 of CEDAW-1979 and therefore, requested the SC to give women equal rights over property (Ibid).18 Only in 1995, the court gave a verdict to introduce a Bill to the Parliament within a year that would guarantee womens rights to property (Rana 2007) rather than taking a sudden decision.

Nepal signed Convention on the Elimination of all forms of Discrimination against Women (CEDAW-1979) in 1991, International Covenant on Civil and Political Rights (ICCPR-1966) in1991 and International Covenant on Economic, Social and Cultural Rights (ICESCR-1966) in 1990 (Subedi 2010). 18 All of these articles ensure the right to equality and implies no distinction or discrimination among citizens on grounds of race, colour, sex, language, religionor other status. - 18 -

17

The verdict not only aroused huge controversy and debates in Nepal but it also helped to advance nationwide womens movement (Ibid). As per the directive of SC, Womens Property Right Bill was drafted by the Ministry of Women and Social welfare and was tabled in the House of Representatives (Lower House) for discussion. However, it remained untouched for six years and there was not any hearing on it. The Lower House diverted the bill to the foreign and human rights committee and then to the Law and Justices committee for the discussion. The Bill was passed after 8 years on October 2001 by majority of the house. However, the Upper House rejected the bill and referred back to the Lower House for reconsideration. There was a risk among women activists and womens organizations that the Bill will not be passed again and might take years to go through another round of discussion (Ibid; Pandey 2002). There was a huge demonstration by women rights activists to pressurize GON to pass the Bill. After much struggles, the bill was passed in March 2002 with a tricky decision made by the opposition party to vote for the Bill with reservation, which did not recognize the equal right of sons or daughters to inherit property after marriage, and the bill was sent to the king for approval which came into effect from 27th September 2002 (Ibid). The old Ain was amended this way. The new amended Ain expanded the ownership of land by adding daughter as heirs from birth. Under this law, wives qualify for equal husbands property immediately after marriage, widows can claim on joint property and need not be forfeited if she remarries (elaborated in figure 1.1 of appendix II). Struggles over land often take place on the local level, within communities and families with the help of womens organizations. Currently, female are now recognized as being rightful inheritors, but discrimination related to property and family law continues on the basis of sex by

government (Sigi 2009). It has, for instance, prevented daughters to hold the partition
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share after marriages. In general, women can go to the court when their rights are challenged but the accessibility of court for women is severely limited in practice (Kadel 2005) due to court fees, long and cumbersome processes, geographical distance, as courts are in towns and often takes years to get justices (Ibid). On the other hand,

women face enormous challenges because of the prevailing traditional customs and beliefs. There is still the lack of awareness among men and women that denies womens rights on the ground. Many women lack information, confidence, experience and resources to obtain what they are legally entitled to in local level (Benchop 2004; Rana 2007). Women right to property is meant both rights in law and practice and is introduced for the empowerment of women (Subedi 2009) yet, the land is still automatically transferred to male family members (Shrestha 2009). Neither daughters nor wives/widows receive any property in practice. The issues about property right took long for guarantying legal rights for women on property. The arguments were made that the society was not ready and mostly negative impacts were highlighted, if the bill is to adopt. The highlighted negative impacts, for example, were: valuation of property than daughter, sex-selective abortion, intensifies divorce, land fragmentation, family breakups for property, problem of broken home children and challenge to find partners for poor girls (Kandel 2005). In order to increase womens access to land, recently GON gave 10% tax rebate in 2006. Consequently, land transferred to women increased to 20% in 2007 and 25% in cities (Shrestha 2009) and 30% in rural areas in 2009 (Upreti 2011b). Thus a number of women having ownership in cities and district headquarters have increased (ibid), but, it is still unsatisfactory compared to the urban men. Although the legal status of women seems strong, there have been no significant changes in their lives because of an extreme gap between law and practice.
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Linkage of Land Entitlement with Empowerment After decades of struggle to secure equal property rights to sons and daughters and womens right to property to empower women in Nepal. But what does empowerment mean in reference to property ownership? Empowerment is an abstract and complex concept and it is interpreted in many ways. When the term empowerment is used, the emphasis is often on the ideas of processes leading to broader outcomes. In Nepal, empowerment is relatively a new concept but very attractive and strongly articulated goal of development interventions in recent years. It has been the central agenda for both government and womens organizations. The empowerment programs introduced both by the government and non-government are focused mainly on the empowerment through economic interventions to improve economic condition of women through employment, income generation and access to credit and empowerment through integrated rural development programs and policies, in which strengthening womens economic status integrated with education, literacy, provision of basic needs and services and reproductive health (Panda 2000). However, still today womens economic activities are less valued than men. The literally translated term (Empowerment) in Nepali is Sashaktikaran, which is still very unfamiliar and ambiguous word for common people to understand. 19 In common understanding, empowerment is the process of change which provides power to powerless. Various actors regarded policies, laws and programs to be effective in womens empowerment. According to the Random House Dictionary, empowerment derives from the term

I expected to finish conducting the survey in two weeks but it took almost a month just because of the term empowerment (Sashaktikaran) in Nepali which was unfamiliar to grassroots women including those who have been to university. Thus, I had to change the term empowerment into something called womens equality (Mahila Samanata\ Mahila Swadhinata). Please refer Appendix I (table 1.1) for more details about respondents. - 21 -

19

empower which means to give power or authority and to enable or permit. Likewise, womens empowerment is defined as womens ability to make their own lives better in an individual level and later for collective actions in communities (Jackson 2010). In practical term, however, empowerment would mean the process of challenging existing inequality, power relations and of gaining greater control over sources of power by the under-privileged. The power for women can be achieved through the process of challenging existing power relation and gaining greater control over the sources of power (Batliwala 1994). However Mahmud and Johnsten (1994) focus more on the decision making power, alternative power base that is independent of domination of men and autonomy to give more power for women. Human Development Report

(HDR) on empowerment and poverty reduction (2004) pointed out that empowerment advances poor by broadening human capabilities and improving the distribution of productive assets like land and credit. DFID (2000) clearly defines empowerment as individuals acquiring the power to think and act freely, exercise choice and to fulfill their potential as full and equal members of society. From an empowerment perspective, the voices of all the countrys citizens including women must not only be heard, but also listened to (Ibid). However, a feminist perspective would emphasize that only women themselves can be agents of such a process of change and power is defined in relation to empowerment; women with women, men and wider community because power can take various forms as power to, power with, power over and power within. However, Nepal is a traditional society, where the notion of power is embedded in the patriarchal nature of the culture: reinforcing male supremacy and control over women to uphold family honor with conformity to accepted behavioral norms which limits womens life choices. Sharma (2011) noted that gender equality and womens empowerment can only be
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achieved through equal opportunities to participate in and influence political and economic decisions; equal political, civil, economic and social rights; equal consideration, valuation and favoring of needs and aspirations; power to make decision at household level and equal access to and control of resources and benefits (Panda 20000; Sharma 2011). The ability to control ones own life and valued resources including land by respecting others rights are keys to the empowerment theory (Jackson 2010). Subedi (2010:17) highlights that the system of patriarchy and its manifestations in Nepal restricts and limits womens access to and control over resources which is barrier to empowerment. The denial of equal parental property right for daughters is a denial of human rights that undermines the dignity and even the worth of individuals (Williamson 2006) Although laws increasingly recognize womens right to property, persistent cultural and customary attitudes, and religious laws expect a Nepalese daughter to relinquish her right to inherit land to her brother. Luitel (2001), therefore, claims that empowering women through ownership without educating women and changing the mindset of people would just be another political propaganda rather than a tool to benefit because majority of women face impediment to enjoy their property rights. Property laws are very difficult to the full implementation because of the pervasive social norms prevalent since centuries that emphasize on access through male members of the family rather than actual ownership. Feminists, however, insist that women should be freely allowed claiming, exercising and monitoring their human rights. Womens right in grassroots level, however, mainly remains illusory rather than substantive. In the next two chapters, I will analyze the empowerment of women through property ownership.

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CHAPTER 3 LAND ENTITLEMENT, EDUCATION AND EMPOWERMENT This chapter examines whether, and to what extent, land ownership encourages women to invest on their education and their childrens education, which leads to the empowerment process. There are various aspects in determining the relationship of land ownership and education which leads to the empowerment process. This study has tried to find this relationship. Enlightened Husband and Womens Ownership on Land20 Property can be acquired by purchase or transmission through gift or inheritance Cheneval (2006:13). The growing empirical data have proved that property is a part of social relations, wherein womens access to land frequently determines in relation to family members especially male because their status is frequently determine in relation to family members especially male (i.e. father/brother/husband) (Agarwal 1994; Alexander 1997; Luitel 2001; Steinzor 2003; UNDP 2004). Married women, for instance, in Nepal can acquire power and prestige through her husband; a daughter status depends on fathers prestige and so on. In this study, womens land owners constitute 41% (n=100) of the sample. It is worth noting that land owners are either married (90.2%) or widows (9.8%) with children (details in Appendix I table 1.1). Women in my survey indicate that women rarely (2%) afford to buy the land and the vast majority of women (96%) usually acquire

Not all educated husband understand their wife. Therefore, the reader has to keep in mind that Enlightened Husband means Understanding and Educated husband. - 24 -

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land and housing only after marital status, which indicates that generally marital status determines females access to land and other form of property and ownership depends on good marital and family relations.

Figure 1.1: Womens land acquisition through family members. The above figure (1.1) shows the relationship between womens land entitlement and family relation. Among those who own land, 31(76%) of them have acquired land with the help of husband, followed by 8 (20%) with in-laws and only 1 (2%) each by parents and women themselves. Data from the survey shows that mostly women have security of land tenure as wives and daughter-in-law, whereas in rare case through parents and own selves. What is even more striking is that, a significant number of women (i.e. more than 90% of women, see annex I table 1.1), although legally eligible, do not inherit property as a daughter. There might be several factors (as

discussed in previous two chapters) that relinquish womens access to land. The below regression figure (1.2) of the survey outcomes shows that the correlation coefficient of the first case (y=-1.9x+17.5), husbands education unknown (as told by
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women respondents) and womens land ownership is 0.34, whereas r2 value is 0.1132.21 However, the correlation coefficient of second case (y=-1.6x+13) husband with higher level of education and womens land entitlement is 0.65, whereas r2 value is 0.4211. The r2 value of first case indicate that only 11.32% womens land ownership might be explain in relation to husband education; whereas the second case indicate that 65% womens land ownership might be explained in relation to husband education. In other words, the higher the husbands education is, the higher chances women have in order to acquire land with the help of husband and vice versa. It creates the higher possibility for women to be empowered. Thus, empowerment through land ownership might be possible when husbands are enlightened.

Figure 1.2: Enlightened Husband and Womens Ownership on Land

r2 value is a measure of goodness-of-fit of linear regression, which has value between 0.0 and 1.0. An r Value of 0.0 means X does not relate to Y and have no linear relationship between X and Y, whereas, r2 equals 1.0 means X perfectly relates to Y and makes straight line (For more see Barron & Kim 1997).
2

21

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Some argues that when the ownership is acquired with the help of male relatives, men may make decisions as to how the land is to be used; they may lease it and even force their women to sell it (Rose 1992; Subedi 2010:52; UNDP, 2004). In other words, women will have little to say over how land is used to generate income or to support families (elaborated in chapter 4). However, when the husbands have highest level of education (i.e. Higher education), their wives land ownership is sinking down, almost similar to husbands who have never been to school. There might be

several factors that discourage wives to own land ownership. There is a need of a further study to understand the problems. Nonetheless, the survey has revealed that

a husbands potential support is important for bringing changes in womens lives in Nepal. Investment of Land in Education There are considerable numbers of evidences that access to education plays an essential role in womens empowerment (Acharya 1999; Freire 1973; Hur 2006; Kandel 2002; Subedi 2010). The importance of education noted by the women in this research cannot be over emphasized. Through the potential of education, one may develop abilities to make choices to improve life from actual powerlessness (Jackson 2010), which will accelerate the advancement of women. As Agarwal (1994) noted, illiteracy is likely to adversely affect womens ability to claim and control land. It can limit womens knowledge of laws and legal rights, their ability to deal with administrative and legal procedures in relation to land claims, their access to information on new agricultural technologies practices, their physical mobility, overall self-confidence, household bargaining power, and autonomy in decision making (Ibid). Even in 1960s, the United Nations Educational, Scientific and

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Cultural Organization (UNESCO) highlighted education as fundamental human right (cited in Luitel 1996). During that period, illiteracy was considered as major hazardous of life and obstacle to development. The need for education was emphasized in relation to power, environment and societies (Ibid). On the other hand, education also encourages women to condense their fear, feeling of inadequacy and inferiority and build their confidence and skills and liberty from readymade answer that are given by the patriarchal society. Womens education not only benefits her but to the entire family (respondents of the survey). There is a famous proverb if a man is educated, a single person becomes educated, but if a woman is educated, a whole family becomes educated. Among those forty-one women who hold land ownership, overall 20 (48.78%) respondents were willing to invest their land in education. Education facilitates a person to think critically, interpret his/her life and develop a new paradigm for improvement (Jackson 2010). Freire (1973) suggested a plan for liberating the oppressed people through education, which was an origin of empowerment as a theory. Since then, education is a primary tool of empowerment to develop skills, capacity and an awareness of ones status and opportunities to transform in social, economic, cultural and political aspects of life. Through education, oppressed people can become active change of agents by understanding existing social stratification, norms and oppression and encouraging others to build confident to manifest power towards achieving social equality and liberation (Hur 2006). While looking at the details of the result, the studies revealed that womens land ownership with higher education has positive correlation with womens willingness to invest land for their and their childrens education in the future. In other word, the more higher education the women with land ownership have, the more they are willing to invest their land in
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education for them as well as for their children. However, generally rural women have no role to make decision regarding childrens education. It is not because they are not convinced about the value of their childrens education but of the matter of cost ties with education. However, the survey reveals that women with land are more conscious for their education as well as the schooling of children and have begun to discuss about education with their male partner. It shows that land ownership does not transfer one individual life at a time but will transform the whole family and gradually the entire society.22

Figure 1.3: Womens Willingness to invest Land in Education Figure 1.3 illustrates the strong positive relation between property right and education. Four (80%) out of five respondent who attended higher education say that they are willing to invest their land in education followed by 7 (70%) with secondary
Ownership means the rights to possess, cultivate, mortgage, sell, and bequeath when necessary (Agarwal 1994). - 29 22

education, 5 (35.7%) with primary or informal education and 4(33.3%) who have never been to school. Among those 12 who have never been to school and have land ownership, 3 (25%) of them were not sure whether to invest land for their educational purpose because of the several factors e.g. issue on control over land, lack of confidence, increment of family disputes etc.. The land ownership and education seems to be mutually enforcing and crucial for empowerment of women. It is also highly likely that the impact of education on males and females can have positive impact on womens empowerment. In the study, when respondents were asked to rate the best ways to empower women from 1 to 7 (1 refer to the highest priority and 7 refer to lowest priority), 70 (n=100) of them think that education is the best way to empower women, followed by 10 as enlightened husband (1. Education, 2. Income Generation programs, 3. Employment, 4. Land Ownership, 5. Social Reforms, 6. Enlightened Husband and 7. Money; for details see Appendix II figure 1.2). The reason given was that education will increase knowledge on socialeconomic, political and legal institutions; reduce womens economic dependency on male members. It will also help to intensify economic prosperity through employment and involvement in decision making in communities. The respondents think that education will help to protect dignity of women and ultimately empower them. The respondents reemphasized the importance of education by mentioning that neither any one can steal ones knowledge, nor can one get involved in productive activities without it. They think that education will help them to identify what is wrong and what is right. Whereas, the reason for choosing as enlightened husband was that if women have enlightened husband, her voice can be heard within family; there will be no restriction for social mobility and receive a support for womens work. Women can even continue her education after marriage, join formal source of
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employment, own property and have full autonomy on the resources they generate. The following chapter will discuss and analyze on how ones autonomy on land and resources empowers women.

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CHAPTER4 LAND ENTITLEMENT, AUTONOMY AND EMPOWERMENT Individual autonomy can be understood as ones ability to govern own self and live the life independently and on ones own desire without any impose from others (John 2011). According to Panda (2000), autonomy refers to freedom of action, the possession of critical elements to effectively and efficiently undertake desired activity and absence of unsolicited influences in decision making. Autonomy is generally attributed to be important for empowerment. Higher the level of autonomy, the more chances for the individual to be empowered. According to one school of thought, owning property is part and parcel of the autonomy and ethical integration of the person, which creates a sense of responsibility and dignity and puts a person in a position to be autonomous and generous to others (Cheneval 2006:13).23 This chapter examines whether womens control over land is related to their household decision making position and access to investment. However, its prime focus is to discuss the gap between ownership and control over land and examines womens ability to retain, control over the transfer and use of land. Womens Autonomy for the use of Land Nepal Institute of Development Studies (NIDS) considers womens ownership and full control over land as one of the major steps in womens economic independence, welfare, efficiency, employment, equality, political and empowerment (TKP 2010). Even under international human rights law, women rights are secured to own and control property without discrimination (UDHR; article. 2 and 17, CEDAW, article
R. M. Honore` (1961) defines property ownership as: the rights to possess, to use, to manage, to the income, to capital and to security and the incident of transmissibility, absence of term, liability to execute for debt, prohibition of harmful use and residuary rule (Cited in Kumar 1985 ). - 32 23

15), and to an equal treatment in land and agrarian reform (CEDAW, article 14(2)(g)). Within the family, both spouses have equal rights in the ownership, acquisition, management, administration, enjoyment and disposition of property (CEDAW, article 16). It is thus very crucial to understand how land is managed, controlled and manipulated in family because it determines who enjoys and benefits of land and who does not (Agarwal 1994). Moreover, there should be clear distinction between access to land and control over it. Control over property includes ability to decide the use of land, land for sold, lease out and dispose and provides a measure for security whereas access can mean concessions granted by individual to close kin for the use of the land but do not necessarily have rights to lease, rent or destroy it. However, strong sense of family togetherness often involves complex decision negotiations (Furuta and Salway 2006) in countries like Nepal. Even in grassroots level, mostly land in relation to women is emphasized on womens access through male member (as discussed in chapter 3) rather than control over land. Whether just womens access to land can be called as womens ownership to land, is a question to ponder.

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Figure 1.4: Womens decision making in rice plantation The above diagram suggests that only 27% out of 41 women with land entitlement have sole decision making in rice plantation and are either widows or women whose husbands are working beyond borders. The outcomes of the survey also reveals that women depend critically on subsistence farming with the help of their family members especially husband, where 51% of respondents decide in rice plantation together (i.e. husband-wife decide together) (Figure 1.4). In the given circumstances, the closeness of the husband-wife bond is an important dimension of womens position. Therefore, while measuring the womens involvement in the final decision is much more suitable than measuring woman as a sole decision maker. Similarly 10% women prefer not to answer the question for whatever reasons and 5% decide on rice plantation with the help of others i.e. son, brother, parents, in-laws. Experts contend that property (land) ownership contain right to exclude others from the use and benefit of what one owns (Shachar & Hirschl 2007:263). However, the survey suggests that even if a wife owns the property with the help of husband, she cannot sell, rent or otherwise transfer it without the consent of her spouse or sons as shown in the growing empirical literatures (Agrawal 1994; UNDP 2004). The survey of this study reveals that only 5 out of 41 women who own the land have full control over land and said that they can sell the land without any consultation (Figure 1.5). And most interestingly, only those (five) women found to be widows with small children and living separately have the control. Rest of the respondents said that they are unable to decide solely because of the fear of disdain, insidious and quash, quarrel, contention, feud, and quest among family members. It shows that if females do not cooperate with the male members either father\brother\ husband, they might

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be cast out and no one seems to be out there for them. Ambika an unmarried girl, for instance, was cast out by her father after she asked her share of property when her father hesitates to finance her education (Bista 2011).24 This study found that more than 80% of womens land owners are unable to sell land without anyone consultation although womens right to access, ownership and control of land is firmly recognized under statutory national law. Out of which 78% says that they cannot sell land, 7% were not sure whether they can sell their land by themselves and 3% prefer not to answer the question (Figure 1.5). It means women have less power to decide on the use, and control and transfer of land, although, they are legally entitle to it.

Figure 1.5: Womens Decision to sell land without anyone consults The Relationship between Women with Land Ownership and Decision Making Power The ability to influence others may derive from personality, property, wealth and

It is said to be the first property rights case lodged by an unmarried girl demanding parental property. For more see (Bista 2011). - 35 -

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influential status and often might related with economics and politics of the nature of class (Jackson 2010). Evidences also suggest that land ownership increases the intrafamily bargaining power and empower women by increasing their control over household decision making position in a family (Allendorf 2007; Cotula 2006:21). The research by Farha (1999) also discloses that ownership of land for women increases their status in the community and bargaining power in the family. This study also suggests in conformity to the study of Farha, Allendrof and Cotula that land ownership enhances womens decision making position within household, although some (6 out of 41) of the women who own land are not sure whether land entitlement enhanced their decision making position (Figure 1.6). Thirty-three (n=41) of women holding land believe that land ownership enhances their decision making position in family. What is even more interesting is that majority (44 out of 59) of women without land ownership also believe that land ownership could increase womens decision making (Figure 1.6). However, considerable number of women, who do have land think that land ownership do not enhance womens decision making position. There might be several constraints in terms of the cultural and traditional taboos.

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Figure 1.6: Enhancement of womens decision Making Position through Land Ownership Agrawal (1994) claims that women with some land tend to be better looked by family members and might have their voice heard in the family. Among the 100 survey respondents of this study, 59 do not hold any land, a form of assets and lack bargaining power. Majority of women without land believe that land ownership might develope womens ability to influence in household decision making position and ultimately empower them (Figure 1.6). Rose noted the vulnerability of women who do not have any form of assets: One who cannot acquire and own property can have no assets, and the person who has no assets has nothing to bargain with, except perhaps bodily integrity, attachments to friends and family and ultimately, independence of spirit (Rose 1992:453). The study revealed that out of 41, thirty-one women with land ownership experienced that land ownership has increased their confidence, thirty-three of them think that their decision making position within the family has improved, twenty- 37 -

three of them have felt that they have been socially and economically empower and 23 said that they are less likely to be economically vulnerable after the land entitlement (Figure 1.7). However, five women with land entitlement think that land ownership has not brought significant positive changes in their lives.

Figure 1.7: womens empowerment and land ownership The above figure (1.7) portrays the linkage of land ownership and empowerment. Access to Investment and Management of Income Hernando De Soto (1989, 2000) argues that land titling is important in promoting prosperity. He identifies that insecured property rights weakens the incentives for owners to make long term investments and hinders the ability of owners to use their property as collateral to secure loans to financial capital investment, which stifles economic development. Land certificate in Nepal is a prerequisite for securing loans from building a house to starting a business and can be the basis for income generation and sustenance
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(Steinzor 2003). Access to finance is critical for both men and women for successful high-technology vegetables farming and agricultural production (Ibid). From a theoretical perspective, men and women have equal access to credit through the use of land as collateral. Culture and social barriers however severely undermine women for access. A recent study revealed that about 20% of the population has had access to commercial bank loans in 2004 (UNDP 2004) and merely women comprised 5% out of the total borrowers, who have access (TKP 2012). The land ownership has encouraged many women to involve in financial transactions including borrowing loan from the bank and other financial institutions but there is still a consent that there should be at least one male to stand as a witnesses before taking a loan which do not require for male borrowers. It is said that economic vulnerability could cause a woman to relinquish her claim on property because of lack of financial means to exercise her rights (Agarwal 1994). Several studies hold that in the absence of land certificate; individuals, businesses and financial institutions might avoid long-term investment (cited in Williamson 2011). Williamson examines the effects of land titling based on growing empirical literatures on economic development and finds out the disputes between the relationship of land titling and investment. He concludes that land title positively influences the level of investment (Ibid), whereas, there are also some findings, which show that land titling does not increase the level of investment and capital formation much (2011:103). Although women have legal rights to land, many studies suggest that their ability to use land as collateral for loan is very much thwarted by the embedded cultural norms of family and societal institutions (Agarwal 1994; Bushell 2008; Soto 1989, 2000). For instance, Aneeta who decided to take loan from a bank in Kathmandu, the capital city of Nepal, present the deed to her land but was
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asked by the bank the person to appear with her husband and was only given loan after signing by her husband although the land was in her land (Cited in Ibid). Bennett (1981:94) argues that if women are unable to obtain credit for agricultural inputs, the land they cultivate will be less economically productive and may result in women contributing less to rural economies. This study of Mrigauliya VDCreveals that women have only limited access to resources and limited control over land but they spent their income mostly for the family (Figure 1.8). Whether this represents national picture is still to be studied.

Out of 41 women with land ownership, 23 of them said that they use the income of the land for family, followed by 7 who also spend their income for nutritious food for the family and 5 of them said that they use the income for the education. Interestingly six women spend income for education, buying nutritious food for family. This study has found that none of the women who took part in this survey and own land use the income from land for saving. It might be because women spend most of their income for the family purpose or might have less cultivated land.

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Figure 1.8: Management of Income from Land To recapitulate the overall findings of the survey, the empowerment of women through land ownership might be described this way (Figure 1.9).

Figure 1.9: Empowerment of women through land ownership (Based on the survey findings) Rural women in most developing countries including Nepal face specific constraints in terms of cultural and traditional taboos- emerging from patrilineal inheritance to patrilocal residence, lack of education, management skills, and access to capital, technology and land resources (Karl 1995). In the figure 1.9, it indicates that By

disempowered women are mostly underprivileged women from rural areas.

granting land ownership to those women, it will grant the right to land and have legal
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recognition of women, which means women will have access to and control over land. Granting the land to women is expected to increase their household decision making, entrepreneurship and business, education and information including legal awareness and source of income. In a larger context, it will help to change in role and responsibilities of men and women, which will lead to the process of womens empowerment. This outcome may not be surprising because it is after all what has been assumed to be but the situation might be much more complex than we have ever imagined. The next chapter will summarize the overall of the dissertation.

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CHAPTER 5 CONCLUDING REMARKS Land is most valued source of production, wealth, livelihood and sustainable assets. This study has primarily analyzed the womens empowerment in reference to property entitlement. From the previous chapters, it can be argued that property ownership is one of the many tools that can be used to improve womens status, together with other policies, programs and activities to promote social and economic development of women. A major obstacle seems in my study is the lack of more gender sensitive lenses to consider the complexity of issues surrounding women and the achievement of womens empowerment in the Nepalese society. There might be a need to restructure the societal mind through formal and informal educational programs simultaneously with legal reform. Indeed, rural women are often unaware of their legal rights. Even when they do know about their rights, they often lack the resources necessary to claim which involve access to court, paying lawyers and court fees. Access to courts is necessary to enforce the rights enshrined in the constitution as well as in various international documents Nepal is a party. The survey of this study discloses that 41% of women own land but self-control over land is rare. The effective control might be barricaded by multiple obstacles such as entrenchment of customary practice, lack of dissemination of legal information to the public, pressure of relatives or by their social context. Men, for instance, often consider that it is their prerogative to use womens assets without womens consent in many cases irrespective of legal provision. It is important for the government to conduct informational campaigns and disseminate information among public including the financial institutions to practice equitable treatment of women clients.
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The analysis of the survey shows that despites the legislative provisions for addressing equality and empowerment issues, women still have inadequate access to and control over resources due to weak governance, poverty, illiteracy and prevailing socio-cultural and economic factors. The low status of women, systems of patrilineal descent, patri-local residence and rules of inheritance have also subordinated women throughout the country. Indeed, special measures to advance womens empowerment process are necessary to achieve de facto gender equality. On the basis of the survey findings, I conclude that land ownership of women empower them but the prospect of women exercising their rights to property would depend on five factors in no order: a. womens level of education, b. the extent of male support, c. the strength of norms and practice, d. awareness of legal rights and e. the extent of economic vulnerability. To the thesis writing time, the constitution writing process is going on. The new constitution should incorporate the aspirations of oppressed and backward classes including women.

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APPENDIX I Table 1.1: Classification of Respondents by Marital status, Age groups and Level of Education after Survey

Marital status of the respondents shows that 37 (90.2%) of women who owns land are married, and 4 (9.8%) are single. 25 With regards to age of respondents, the highest numbers of respondents holding land entitlement are in 21-40 years age group i.e. 20 (48.7%) followed by over 41 years age group i.e. 16 (39.1%) and age unknown i.e. 5 (12.2%). Moreover, 15 (36.6%) women with either primary or informational education possess land, thereafter women with no education i.e. 14 (34.2%), secondary education i.e. 9 (21.9%) and higher secondary education i.e. 3 (7.3%).

25

Here single women should understand as either widow or married women living separately without husband. - 54 -

Appendix II Figure 1.1: Sequence of the Property after 11th Amendment of Muluki Ain (Based on the Ain text cited in Sangroula and Pathak 2002)

* = Person who died. A= Husband B= Wife C= Son D= Widow Daughter in Law E= Unmarried Daughter F=Sons Son (Grand Son) G=Sons Unmarried Daughter (Grand Daughter) H=Married Daughter I= Daughters Son J= Daughters Unmarried Daughter K= Successor according to law

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Appendix II Figure 1.2: Based ways to empower women (Based on Survey)

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Appendix II Figure 1.3: Womens Status through Land Entitlement (Based on respondents (41) who hold land ownership in the survey)

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APPENDIX III: Survey Questionnaires in English

My name is Sunita Basnet and I am doing Master course in South Korea. I am conducting this survey in the fulfillment of my master dissertation. Please try to be honest while answering the questions. The information you have shared with me will be solely for my Master dissertation purpose and will be keep very confidential. It is also completely voluntary. Thank you so much for your valuable time. Signature of interviewer./Verbal agreement/finger print.. Name: Age: Address: Name of family head: Education level: (Please skip the questions that does not relate to you.) 1. Marital Status (please circle the appropriate answer)

a. Single (widow) b. Married c. Separated (Divorced) d. Never married 2. Husband/fathers level of education: a. Primary b. Secondary c. Higher Secondary d. University e. Never attended f. Dont know 3. Father/Husbands Profession: Please specify the job 4. How old where you when you get married? ..years old 5. Have you ever give birth to a child? A. Yes B. No C. Others 6. Number of children: a. Daughter.. b. Son. 7. Are they enrolling in a school? A. Yes B. NO 8. Who decide where to send your children for their education? A. Myself B. In-laws C. Husband D. All E. Others 9. How do you manage the school fee of your children? Please specify the source of income 10. Who manage the school fee of your children? .. 11. Who initiated the idea to buy foods for family? A. Myself B. In-laws C. Parents D. Husband E. Others 12. Who decide whether or not to buy certain foods? A. Myself B. In-laws C. Parents D. Husband E. Others 13. Who pay for the foods? A. Myself B. In-laws C. Parents E. Husband F. Others 14. Who decide what to buy and what not to buy in special occasions like Durga Puja/Tihar? a. I listed but father/husband/brother decide b. both decide c. Myself d. parents e. others 15. Do any of your house members own any agricultural land?26 A. Yes B. No 16. Do you own any property? A. Yes B. No 17. Please list all what you have as a property in your name? A. Land b. House c. Both d. Others 18. How did you own the property? A. Inherit B. Co-owns C. Myself D. Others 19. Who helped you to own property?
26

For the purpose of this survey, own means legally hold property. In the context of Nepal, Land is part of property but not all property are land. For instance, Saving, building, investment in Share capital are also understand as property.

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A. Parents B. In-Laws C. Husband D. No one E. Others 20. Will you be willing to use property for you/ your childrens education? A. Yes B. No 21. Who decide what to plant in your land? A. myself B. Parents/husband C. Together D. Others 22. Can you sell your property without anyone consent? A. Yes B. No C. I dont know D. I dont prefer to say 23. If not, whom do you have to get permission to buy/sell your property? A. Parents B. Husband C. In-Laws D. All E. Others 24. What do you think will happen if you dont get persons permission? 25. Where do you spend your income from property? A. Education B. Buying nutritious food C. Family shopping D. Saving E. Others 26. What will you do if you were to leave the house for certain days for any reason? a. Consult parents/husband b. consult with in-laws c. decide myself d. All please specify 27. Please rate to what extend do you agree with following statement. Tick mark answer that describes/suites your opinion
Topic related to patriarchy and property ownership among Women in Mrigauliya Strongl y Agree Agr ee Neither agree nor disagree Dis agr ee

e. Other the best

Strongl y Disagr ee

Although the number of property ownership among women in my community increases, the social status remain same I have received property from my parents.

I have inherited the same amount of parental property as my brother. Property ownership helps women to develop confidence Property ownership has improved the socioeconomic empowerment of women in my community Property ownership is just an urban phenomenon Traditional norms and values poses a serious threat for daughters to owns property from parents property ownership enhanced womens participation and decision making level in their family and in the society My husband/father-in-law/father decides about my/ children/siblings education The present legal efforts have failed to acknowledge factors that inhibit us from having control over resources Property ownership helps us to have dignity and respected life in our family and community Property ownership helps to access information and resources.
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Women with land entitlement are less likely to become economically vulnerable I will give/ have given the equal proportion of my property for my son and daughter 28. What is a best way to empower women? Please rate from 1-7 according to your priority. 1 refers to the highest priority, whereas 7 is the lowest priority. Best Way to Empower Women Rate 1. Education 2. Income Generation programs 3. Employment/opportunities 4. Land Ownership 5. Changing the traditional norms and Values 6. Enlightened Husband 7. Money 8. Others (Please specify) 29. Why do you think that above factors is essential to empower women? Please be specific as much as you can. .. 30. Please tick the appropriate answer related with current legal provision on womens property ownership. Topic Yes No I dont I dont Know care Married daughter receive equal proportion of property as unmarried daughter from her father. Married daughter receive property from the parents Wife get equal portion of property from her husband Widows do not receive property from her in-laws if she does not have any child. Unmarried daughter has to return the remaining property, once she is married

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