Gender Equality and Social Inclusion (GESI) in Nepal: Constitution, Reservation and Laws

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Gender Equality and Social Inclusion (GESI) means equal rights, opportunities and voice for women, Dalits, indigenous peoples, Madhesis, persons with disabilities, sexual and gender minorities and other excluded groups. It is a key topic for the Section Officer Governance and Contemporary Issues papers.

1. Key ideas

TermMeaning
Gender equalityEqual rights, responsibilities and opportunities for women, men and gender minorities.
Gender equityFair treatment according to needs; may need special measures to reach equality.
Social inclusionRemoving barriers so excluded groups can take part in society and decisions.
Affirmative actionSpecial measures such as reservation for disadvantaged groups.
Gender-responsive budgetingPlanning the budget so it benefits women and men fairly.

2. Constitutional provisions

  • Article 38: rights of women, including equal property rights and participation in state bodies.
  • Article 40: rights of Dalits; Article 42: right to social justice (inclusive participation in state bodies).
  • At least one-third of members of the Federal Parliament must be women.
  • The President and Vice-President must be of different sex or community; the same rule applies to Speaker and Deputy Speaker.
  • Inclusive commissions: National Women Commission, National Dalit Commission, National Inclusion Commission, Indigenous Nationalities, Madhesi, Tharu and Muslim Commissions.

3. Reservation in the civil service

Of all vacancies filled by open competition, 45% are reserved. That 45% is divided as follows:

GroupShare of the reserved 45%
Women33%
Adibasi/Janajati27%
Madhesi22%
Dalit9%
Persons with disabilities5%
Backward areas4%

4. Important laws and milestones

  • Nepal ratified CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) in 1991.
  • Gender-responsive budgeting started in the fiscal year 2064/65 BS (2007/08).
  • Domestic Violence (Offence and Punishment) Act 2066.
  • Caste-based Discrimination and Untouchability (Offence and Punishment) Act 2068.
  • Act Relating to Rights of Persons with Disabilities 2074.
  • The Supreme Court recognised a third gender category in 2007.
  • Chhaupadi is a punishable crime under the Criminal Code 2074.

5. Local level inclusion

  • Each ward committee has two women members, and one of them must be a Dalit woman.
  • Parties must field candidates of different sex for mayor and deputy mayor (or chair and vice-chair).

6. GESI in practice: examples

AreaExample measure
EducationScholarships for girls, Dalit and disabled students; free school education under Article 31
Civil service45% reservation in open competition, with set shares for each group
PoliticsOne-third women in Parliament; two women including one Dalit woman in every ward committee
BudgetGender-responsive budgeting, which marks how far each programme benefits women
Social securityAllowances for single women, senior citizens, persons with disabilities and endangered ethnic groups
LawCriminal punishment for caste discrimination, domestic violence and chhaupadi

7. Challenges

  • Gap between law and practice: discrimination and harmful practices such as chhaupadi still continue in some places.
  • Elite capture: benefits often go to better-off members of each group, not the poorest.
  • Women mostly in deputy posts in local government; few become mayor or chair.
  • Low access to education, jobs and services in remote areas.
  • Weak data by gender, caste and disability, which makes targeting harder.

8. Ways forward

  • Enforce existing laws strictly and raise awareness in communities.
  • Target support to the poorest within each group, using reliable data.
  • Build leadership skills of women and excluded groups for chief positions.
  • Make public buildings, transport and websites accessible for persons with disabilities.
  • Use GESI audits to check whether programmes actually reach excluded groups.

9. How this topic is asked in the exam

  • Objective: Articles 38, 40 and 42; the 45% reservation shares; CEDAW (1991); the year gender-responsive budgeting began.
  • Short answer: “Differentiate gender equality and gender equity” or “What is affirmative action?”
  • Long answer: “Explain the state of GESI in Nepal.” Give constitutional provisions, laws, practical measures (section 6), challenges and ways forward.

📌 Key points to remember

  • GESI = Gender Equality and Social Inclusion.
  • At least one-third women in the Federal Parliament.
  • Civil service reservation: 45% of seats; women get 33% of that share.
  • CEDAW ratified by Nepal in 1991.
  • Gender-responsive budgeting started in FY 2064/65.
  • International Women’s Day: 8 March.
📝 Quiz

Test yourself: Gender Equality and Social Inclusion (GESI) in Nepal

Practise Key ideas, Reservation in the civil service and Local level inclusion with 50 questions. Each attempt picks 25 at random.

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