The legal fight for gender equality in Nepal involves in large part the effective implementation of legislation which already exists, to counter the retrograde legacy of the Muluki Ain.
The Muluki Ain, the general civil and criminal code that governs Nepali society, reflects traditional mores and in today's modern context, can be called extremely discriminatory against women. First formulated under the reign of Surendra Bickram in 1853 (1910 B.S.), it was last modified by King Mahendra in 1963.
Under Hindu law, as sanctioned by the Muluki Ain, fathers, brothers, husbands as well as male and female in-laws have traditionally exercised proprietory rights over the woman. Because there is no separate personal law for separate communities, the Muluki Ain, with a few exceptions, brings many hill communities also within its ambit. As long as women from such communities remain outside the ambit of the law, they are able to enjoy customary rights, but not when the Muluki Ain catches up with them.
The primary problem with the Muluki Ain as far as gender discrimination is concerned, is in the area of property rights, family rights and what might be called sexual rights. Legislative attempts over the last four decades have been well-intentioned, but half-hearted, attempts to weaken the legacy of the Muluki Ain.