Nepalese History Culture & Archeology

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Browsing Nepalese History Culture & Archeology by Author "Poonam Rajaya Laxmi Shah"

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    Women's property right in Nepalese society with reference to Manabanayasastra and civil codes
    (2024) Thapa, Sabita; Poonam Rajaya Laxmi Shah
    The study has explored the property right of women in ancient to modern Nepal. This study has focused on the women’s property right which was mentioned in Manabanayasastra and later civil codes which was enacted in medieval and modernperiods of Nepal. The study overviews the way of acquiring property which can be through gifts, through in heritance, and through work/earnings. This research is entitled “Women's Property Right in Nepalese Society with reference to Manabanayasastra and Civil Codes”. Tostudy the concept of Woman’s property right mentioned in Hindu laws, to examine the women’s property right as mentioned in Manabanayasastra and its acceptances in later codes and to analyze, compare and find the changes in women’s property rights in later was the objectives of this research. This research is based on the qualitative method of research. The research is based on secondary data collected from sources are books, Journal, articles available in different libraries and research centers. This is more descriptive than analytical. This dissertation is prepared on the basis of Functionalist theory approach theories. The Functionalist theory of Emile Durkheim and Historical theory of Sir Henry Mine. This study will serve as a valuable resource for individuals and organizations involved in the relevant subject. Additionally, the government of Nepal will find it helpful indeveloping the required policy program regarding parental property rights. This study has covered a wide range of topics related to parental property rights, including the definitionof property, how it is seen and used in Hindu law, and the rights that are safeguarded by Manabanayasastra and laws. Partition of inheritance, and Stridhan were regarded as a property right of women as mentioned in Hindu Law andalso mention in Manabanayasastra. It was a significant legalcode for the development of property right of Nepal. Only unmarried daughter had sharein their father’s property, however married women had no shares in father property., a women had no direct share in her husband property and Stridhan is the property right of women which is absolute right which was mentioned in Manabanayasastra. We can see the influences of Manusmiriti, religious text. Dharmasastra, custom and culture in Manabanayasastra . There are unequal laws on Inheritances, only unmarried daughters are vii entitled, and these legal provisions were also followed by Muluki Ain 2020 B.S and civilcode 2074. Laws particularly on the property rights of women from Manabanayasastra , Muluki Ain1910 followed by Muluki Ain 2020 to Muluki civil code 2074, it seems that law has beendeveloped progressively in the matter of the property rights of the women. We can see a huge improvement on the development of property rights of women thisdoes not only indicate the development of the property laws but also the development ofthe standard of women of Nepal. But the provision guaranteed by Manabanayasastra was continuously adopted and changes as per the need and demand of the society. Theproperty rights of women have now empowered women not just with the property ormines but also with the equality and equal dignity-as-men Law evolves gradually andsilently out of interactions with social facts or conventions and bears, in due course oftime, a character of law originates, grows and dies with the given society. The customary practices of society are, therefore, the best sources of law. Likewise, ourlaws evolve in our society as changing nature of society. It has thus proved that customs play a decisive role in shaping the structure of law, and as a decisive factor, it leads to the development of law towards social acceptability. So, we can see lots of progressive development and changes in the law relating to the property rights of women till the date.