| EkChhin
:
MS-Nepal Newsletter
2005 Issue
1 |
|
Marriage and Love
- By Nirmala Dhital
Man is a sentient, social being. Women and men have a
significant role in the fullness of the family and society. In
the absence of either woman or man, social structure can be come
upset. Since ancient times the tradition of marriage has existed
to make relations between them natural and licit. Marriage as
something that makes the family complete is guided by religious,
moral, legal and social regulations.
According to renowned psychoanalysts, the stability of marital
relations is mostly dependent on sex and those who remain
celibate are rare. In other words it is stated categorically
that two thirds of the problems besetting man arise from sexual
repression. Various situations are associated with marriage,
such as physical relations, procreation, mental and emotional
ties, companionship and spiritual fellowship.
Nepali society is characterized by narrow minded attitudes
concerning marriage, love and affection. On top of that women in
this male dominated society cannot speak out openly because of
shyness, and family and social restraints. Moreover, women have
been taught since ancient times that sexual urge is something
scornful and sinful and should be repressed. As women for the
most part have problems in establishing marital relations when
compared to men, article 16 among the rights mentioned in the
Convention on Eradication of all kinds of Discrimination Against
Women (CEDAW) 1979 has guaranteed this right to marriage
or to freely choose their life partner, under the heading of
right to marriage and family.
Marriage for disabled women as a problem and a challenge
The active involvement of various classes, groups and
communities and inter-linkages among them are needed for
building a society in its entirety. A physically weak class
known as the disabled is looked at negatively by society and
subjected to ridicule and contempt. Society and the family have
never been able to contemplate establishing them in marital ties
and rehabilitating them socially and in the family. Disabled or
not all have the desire for satisfaction of what nature has
given them. It is but natural in human life for all to desire
marriage, love-affection and sex. This being a male dominated
society, there is no real difficulty for most disabled males to
establish marital ties. In fact there are examples here and
there of marriage proposals coming to them from the female side,
and some of them have married more than one wife. But disabled
women have lagged behind in social completeness because first of
all they are women, secondly they are poor, thirdly
uneducated, fourthly disabled, fifthly lacking in awareness,
etc. Because of negative ideas concerning the marital ties with
disabled women such as that they cannot have babies, even if
they have babies these are also disabled, disabled women do not
live long, they remain deprived of their right on one hand and
are looked down upon by society on the other. As our society is
not so open when it comes to the question of marriage with a
disabled woman such women have to remain single for life. Even
disabled men hesitate to marry disabled women, preferring
instead a life partner who is not disabled.
Disabled women have to bear the frustration of not being able to
share with a friend of the opposite sex their feelings of
love and affection because of the narrow attitudes prevailing in
family and society when it comes to marriage, sexual relations,
love, etc. Men come close to disabled women dangling prospects
of marriage and express sham love and affection. But there are
plenty of examples in our society of men being drawn to disabled
women only for sexual satisfaction and to disown them
afterwards. The tradition in our society is for women to spend
most of her time looking after her in-laws apart from the
household chores. Against this tradition setting up a disabled
woman in matrimony is a problem because of the prejudiced
attitudes such as that she will not be able to meet her
traditional responsibilities, satisfy her husband’s sexual needs
or look after her children properly. Furthermore, the
superstition that a disabled woman will beget a disabled child
makes it unavoidable for her to live out her life alone.
United Nations regulations concerning the marriage of
disabled women
The United Nations, bearing in mind that disabled women also
have an inherent right to marriage, love and affection, has
mentioned in Regulation No. 9 of the Evidentiary Regulations of
1994 concerning Generalization of Opportunities for the Disabled
under the heading of Family Life and Individual Fulfillment that
the law is not to discriminate in matters like marital life and
sexual relations. The state has encouraged the full
participation of the disabled in family life and promoted
individual fulfillment besides making definite arrangements for
avoiding discrimination. Disabled people might
experience difficulties in getting and establishing a family and
although it is mentioned that communications media should be
encouraged to play a significant role in changing the negative
thinking about the disabled still prevalent in society, the
government has apparently not gone about it seriously in
spreading awareness to facilitate implementation.
Legal discrimination over the marriage of disabled women
Disabled women have been discriminated against by the law also.
Although Nepalese law has prohibited polygamy this practice
is allowed in specific circumstances. The Civil Code section no.
9 on marriage allows the husband to marry again if his wife is
blind in both eyes, or cannot move about because of a
disability. But if the husband suffers from the same
disabilities, his wife cannot marry another husband. Instead of
making it legally mandatory to provide family social security
and upkeep in case of physical disability, the law has created
discrimination between disabled and able by making a separate
provision that encourages the husband to marry again. The
speediest refinement and amendment of such discriminatory law is
an urgent need of the day.
The role of the family, society and the state in resolving
the problem of marriage of disabled women
If there is a disabled woman in the family it should be made
legally binding to give her the right to paternal property on
par with the sons. Opportunities should be created for open
discussion in front of the disabled women about their marriage,
sexual desire, love, etc.. Various NGO’s and governmental bodies
and civil society should organize workshops, interactions,
discussions and seminars to spread awareness among the general
public. Government and civil society should make it legally
compulsory to encourage both disabled and able men to marry
disabled women through awarding of cash prizes and medals,
felicitations, etc.
If as provided in article 12(f) of the proposed disabled service
national policy 2053 ((1996/97) under legal facilities, job
reservations are provided for able individuals who marry
disabled spouses and priority is given to their children in
education, training and employment under article 6, and if legal
amendments to this effect are implemented as stated, there is a
possibility that people will be encouraged to some extent to wed
the disabled. The family, society and the state should consider
in a positive light and as natural the human desires among the
disabled for marriage, affection and family fulfillment.
Marriage prospects for disabled women will grow if the family
takes the initiative for giving them opportunity for education,
health care, skill development, training and self employment and
makes them self supporting and capable
citizens. Material on the marriage of disabled women and stories
of their success should be included in school level curriculum.
Physically disabled Roma Neupane was born 22 years ago in
Sunsari District Itahari Municipality Ward No. 1. At the age of
eight she lost her right leg from above the knee when she was
run over by a jeep. Although disabled, she has married a
non-disabled man and succeeded in putting paid to negative
attitudes existing in society. Chiran Pokharel, who chose her
for his wife, was born 23 years ago in Asahachetra Chautara-4.
This is how Chiran describes his experience. “For me, nobody in
the world is completely non-disabled. Everyone has some defect
or weakness. That is why nobody need boast that he is able
bodied. And I thought why should anyone not get married just
because a part of his body is weak. So after four years of
encounters and mutual love we tied the nuptial knot in
2061(2004).” Pokharel said earlier - in the beginning I felt
that the family would object to my marrying a disabled girl, but
gradually I came to learn that they took it in stride, and I am
very satisfied with her. Her qualities like self confidence,
competence and sense of duty have attracted me greatly.
Roma dances on the stage on her one leg to the great
astonishment of the spectators. Before she lost her leg she used
to dance during the Dashain and Tihar festivals and sometimes at
picnics. She tried to give continuity to this after losing her
leg also and finds no difficulty in dancing for five minutes. So
far she has danced on the stage 15 times and also received some
awards. She says “I can never forget the encouragement to dance
given by Buddhiman Majhidai when I first came to Kathmandu three
years ago.” Just because she was disabled there was no question
of foregoing something indispensable like marriage, she says.
After finding a selfless person like Chiran her family life has
become very happy and blissful. She is going to appear on the
big screen also in the near future. There have been no real
challenges of a practical nature that the family has had to face
because she is disabled, Chiran says adding - there is nothing
that she cannot do. People may be astonished when watching her
dance on stage for five minutes, but on seeing the same thing I
think I will remain astonished for life. I find it
intriguing. Speaking about the marriage of disabled women, she
says all able bodied males should take up
something new from today and become an example in society.
Disabled women can be just like the able bodied if we work
together to help them a little, and they also have desire for
marriage, affection, love and sex just like anybody else.
Marriage is a social necessity. Disabled or not marriage is an
inherent right.
Tika Dahal of Morang District, who has been doing social work
for disabled women since a long time, is herself physically
disabled. Asked about the marriage of disabled women, she says-
“Since Nepal is a male dominated society there is no
problem for disabled males who wish to marry. But for disabled
females marriage is a problem and an issue which has been
emerging gradually these days. So far there is no statistic on
how many disabled women have gotten married. As disabled
women, their hand has never been sought in marriage through
their families, but there are occasional instances of educated
males falling in love with and marrying disabled women.”
Similarly, physically disabled Ram Pyari Karki of Nuwakot trains
people from various organizations in sewing and cutting.
This is what she has to say about the marriage of disabled
women-”Even disabled men will not marry disabled women, let
alone
able bodied men. Are disabled women to remain single all their
life?”
Back to Contents
|