Legal Aid & Court Cases

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PIL cases

Legal aid and counseling services is provided especially to the poor and the needy particularly on issues relating to stigma and discrimination.Legal aid is made by FWLD's:
Legal Cell
Free legal counseling for vulnerable people suffering from HIV and AIDS who encounter stigma and discrimination. Free services are also provided to homosexuals and lesbians who have been victims of discrimination and are ostracized by society. Free legal aids and counseling for commercial sex workers, women encountering violence and provision of free facilitation to acquiring citizenship to those deprived of citizenship, is provided by FWLD.

Our Legal Cell consists of four Units providing legal aid:
Reproductive Rights Unit
Women's reproductive health rights are our prior concern and we perform advocacy for women deprived of such rights. Though abortion has been legalized, women prosecuted on charges of abortion are subjugated and imprisoned even today and it is essential that these women be informed about the current legal provisions made by the legislative body. Aiming to help these women, FWLD ensures free legal services to them. Legal aid is provided to doctors and other abortion related service providers as well.  We provide free legal services people on abortion or abortion related issues and also to service providers who meet legal complications. FWLD strives to make reproductive rights of women accessible.
Citizenship Unit
With the support of Rule of Law, ARD our Citizenship Unit provides free services to all deprived of citizenship and to those who face procedural complications while obtaining their citizenship
Violence Against Women Unit
Various forms of violence is inflicted to women in Nepal.FWLD provides services primarily to women suffering violence.We do have our service limits. Depending on the types of disputes and issues, our clients may sometimes be charged for the services they obtain.
Nawalparasi unit:
FWLD has a legal aid unit in Nawalapri. It consists of a full time legal practioner, a consultant and two support staff. This branch provides legal aid and refers matters to Kathmandu depending on the case. This office also aids in the implementation of FWLD projects in district.
PIL Unit
FWLD files Public Interest Litigations on issues related to discrimination, inequality and other issues concerning society.
Synopsis of some PILs:-

• Adv Meera Dhungana Vs  Office of the Prime Minister and council of ministers Writ no 131 of 2063 decision date 2063/8/28 Section 4(1) ,(2),(3) of Social Behavior Reformation Act 2033 to be repealed as it is inconsistent with the right to equality in the constitution. The groom's family has half the punishment as the bride's family in the same offence. Section 4(1) ,(2),(3) of Social Behavior Reformation Act 2033 was repealed as it was held to be against the right to equality.
• Meera Dhungana for Forum for Women ,Law and Development VS HMG, Ministry of Law, Justice and Parliamentary Affairs  Writ no 55 , 2058 BS: Petition for the issuance of mandamus to criminalize Marital rape. As marital rape differs from  rape , this requires special understanding .Hence the  Supreme Court issued a directive order in the name of Ministry of Law, Justice and Parliamentary Affairs to prepare a bill for addressing the issue of marital rape.
• Adv Meera Dhungana Vs HMG Writ No. 35 of 2060 Decision date 2061/ 4 /14: An directive order for identification of laws which are inconsistent with the constitution and Human rights related conventions and their amendment. In an earlier case the an expert committee under the Secretary of the national human rights commission  was formed for the above purpose. Hence for the case the same decision was upheld
• Adv Sapana Pradhan Malla Vs Secretariat of the Council of Ministers  Writ no 34 of 2060 BS decision date 2061/4/14: The amendment of Number 2 of the "aputali" as it is inconsistent with the international treaties on the basis of marital status. An expert committee under the Secretary of the national human rights commission was formed for the identification of laws inconsistent with the international treaties.
• Adv Sapana Pradhan Malla Vs HMG, Office of the prime minister and council of ministers Writ no 52 of 2061 BS: As number 28, 28 a and 32 on the chapter on homicide of Mulikin Ain is inconsistent with article 11 of the 2047 Consititution such provisions he declared void. A directive order for the amendment of number 28 A and 32 was issued. This case relates to the punishment for abortion.
• Adv Meera Dhungana Vs HMG Writ No. 3303 of 2061 BS decision date 2062/1/19: To impose a ban on the practice of "chaupaudi". The court ordered that the Minister of Women, children and social welfare should prepare a guideline to ban the practice of chaupadi and should implement it within three months.A copy of the guideline should be presented to the court.
• Adv Sapana Pradhan Malla Vs GON, Office of the prime minister and council of ministers Writ no 98 of 2062 decision date 2063/3/29: Section 4 (3) of Marriage registration Act of 2028 to be repealed. In order to bring uniformity and conformity with Number 2 on the chapter of Marriage , Section 4 (3) of Marriage registration Act of 2028 needs to be amended. The prohibition of child marriage should be effectively implemented.
• Avocate Sapana Pradhan Malla VS HMG, Ministry of Law, Justice and Parliamentary Affairs Writ No 2736 2050BS: As daughter and daughter in law were deprived to inherit the tenancy rights under section 26 (1)  Land Reform Act 2021 this provision was challenged.
• Sabin Shrestha and others Vs HMG, Ministry of Law, Justice and Parliamentary Affairs. Writ NO. 2784 of 2057B.S.: Section 12 of Foreign Employment Act 2042 was challenged for being discriminatory against women.
• Rup Narayan Shrestha VS GON  , Ministry of Law, Justice and Parliamentary Affairs. Writ NO.57 of 2057 B.S: Number  107, 110 (1),152 , 161 of Court Regulation Chapter of Milikin Ain were challenged against the Right to equlity found in Article 11 and Article 88(1) under 2046 Constitution. The court declared provisions challenged to be non discriminatory. As those provisions did not affect the substantive rights of women.
• Meera Dhungana for Forum for Women ,Law and Development VS HMG
  Section 10 (2) of Bonus Act 2030 as challenged for being discriminatory against women
  Writ was quashed as when the Gender Equality Act was passed then the  provision of Bonus Act was also amended.