Court notices to govt bodies on Muluki Ain amendment

Himalayan News Service

Kathmandu, May 12:

The Supreme Court today issued show cause notices to various government bodies asking them to furnish their written explanation within 15 days on why the Muluki Ain was amended in contradiction with the constitution. A single Bench of justice Balram KC has issued the notices to the government bodies, in response to a writ petition filed yesterday by three advocates Sapana Pradhan Malla, Prakashmani Sharma and Meera Dhungana. The apex court has asked the Office of the Prime Minister and Cabinet, Ministry of Law, Justice and Parliamentary Affairs and Ministry of Women, Children and Social Welfare to submit their written explanation within 15 days on why the Muluki Ain Provision regarding the relationship between husband and wife was amended contradicting with the constitution. Challenging the 11th amendment of the Provision in the Muluki Ain regarding the issue, the legal practitioners have argued that the amendment contradicts with the Article 11 of the constitution. "The amended Sections 28, 28 (a) and 32 of the Provision have different provisions regarding the punishment to men and women for the same crime, which is against the Article 11 of the constitution," the writ petition states.

The petitioners have also sought the Supreme Court ruling to invalidate this amendment. They said the amendment was also against the Article 2 and 5 of the Universal Declaration on Human Rights and Convention on the Elimination of All Forms of Discrimination Against Women.