By HAVEN SAGER
Tara Upreti was 12 years old when her father died from a heart attack. His death changed the trajectory of her future. Upreti was born and raised in Subhang, Panchthar, a small, green-hilled village in eastern Nepal. She grew up in a family of sustainable farmers that consisted of five sisters, three brothers and 31 cousins.
Upreti saw her father and mother, Nirmala and Prem Prasad Upreti, as community leaders. She remembers volunteering frequently to assist community members with food, clothes or money when needed. After her father died, Upreti’s family started to struggle. Upreti’s uncles sold their land, and her clearest path to obtaining citizenship became blocked.
office in Kathmandu. Founded in 1988, the foundation provides jobs and
shelter to marginalized women in need. Photo by Peter Murray.
Although she was born in Nepal, Upreti was not a Nepali citizen. Before 2015, Nepal’s Constitution and Citizenship Act stated that individuals could obtain citizenship by descent at the age of 16 as long as their father gave consent. A male’s signature was required because Nepal historically held patriarchal values regarding citizenship. The country’s constitution was based on jus sanguinis, which means a person’s citizenship is passed through the father’s bloodline. But this law made it increasingly difficult for women like Upreti, without present father figures, to become citizens.
“Without this [citizenship] I could not finish my undergrad and I couldn’t open a bank account,” Upreti said. “It was really hard because my father and grandfather died and my uncles were not there so my father’s third cousin came to sign for my citizenship. He was illiterate.”
Upreti was 18 when she was approved for citizenship. She joined the nearly 22.1 million Nepali citizens that have been officially issued citizenship certificates. However, due to administrative backlogs and restrictive laws regarding lineage, an estimated 4.3 million to 6.7 million people of eligible age remain undocumented or functionally stateless within the country. Within this population, women are 75% less likely to hold a citizenship certificate than men.
After 2015, the constitution started to shift for what seemed like the better. Women were allowed to sign for their child’s citizenship, but it came with strict and specific conditions.
“ There’s an if clause,” Upreti said, “If the father is not identified, if the father dies, if he is not in the country or if he disappeared. That should not be right.”
Even with these changes, Nepal remains one of 24 countries globally that discriminate against women in relation to the conferral of nationality to their children. It is something advocates working with Feminist Dalit Organization want to change as they work for social justice, gender equity and stronger rights for marginalized women.
Muna Khadgi, who handles information and technology for FEDO, said the change comes slowly. “ In the legal process and the real-life practice, there is always a gap,” Khadgi said. “ If we win, we have rights, but it’s still hard to implement.”
stands in the garden outside the main office in Kathmandu.
Photo by Peter Murray.
FEDO has been working to address caste and gender-based discrimination affecting marginalized women since 1994.
Executive Director Rabina G. Rasaily says the organization is wired to help support women’s access to citizenship and key documents like birth certificates so they can access services, bank accounts and land rights. They also advocate with government ministries and push for national budget allocations to create programs for women.
“No one should be treated badly based on their birth,” Rasaily said. “and we have been able to have conversations to see how we can change our future.”
office in Kathamandu. Rasaily is dedicated to eliminating caste and gender-based
discrimination while empowering marginalized Dalit women. Photo by Peter Murray.
Today, FEDO sees Gen Z as the key to change, and believes that promoting intergenerational conversations that challenge caste discrimination are important to overcoming enduring stigma against women.
Upreti also believes the future of women’s rights rests in the hands of the younger generation.
“I think the new government, the young prime minister, will be very good,” Upreti said. “They are very good people, but I think we still need to advocate for women’s rights.”
