Women of Nepal

Shanta Thapaliya

Leading advocate
Women's rights worker

Born in 1941 in Terhathum district

Though from humble beginnings Shanta Thapaliya has not only established women's rights as a political issue, she has also created a legal framework to ensure women's equality in a society which has long denied it.

Thapaliya was born in the remote eastern Nepal village of Neguradin Athrai, Terhathum on 29 December, 1941. Despite social barriers, she was fortunate enough to enjoy love equal to that enjoyed by her brothers from parents Bishnumaya and Chandra Prasad Prasai. She is affiliated with many legal organizations and aims to restructure society through legal support.

Being born to a family void of discrimination between sons and daughters, Thapaliya neglected to adhere to societal norms during her childhood, choosing to climb trees, run along the furrows of the farm, play football and fly kites with the boy children, rather than tend to the homely duties women were expected to perform within her society. Through her choices she did all she could to break down orthodox barriers and defy the so-called rules which restricted women from doing as they wished.

Thapaliya realized her status as a human being was different to that of a man only when she married in 1964 and her family name changed. She remembers fighting for her rights while applying for her doctorate in Law in Tribhuvan University (TU). Although her application was ahead of others, administration retuned her name to the list, instead giving her seat to a male colleague. When asked the reason behind this she was told, "It is useless for a woman to do a PhD in Law. It would be only wasting the university's investment." After much struggle her application was finally accepted, however administration then attempted to stop her scholarship.

Besides these set-backs Thapaliya faced further difficulty pursuing her education. In those days Nepal had no girls' hostels and very few colleges offered Law programs. Thapaliya's family was not happy for her to travel for her studies and instead tried to move her towards marriage. It was with the help of her cousin Chhatra Keshari Prasai that Thapaliya was able to apply for Banaras Hindu University and get a room in a girls' hostel. Although both her cousin and father provided support she faced financial difficulty when Prasai was arrested by the Panchayat government after 1961's coup. Thapaliya later won a two-year scholarship from the government and soon became popular in the university as the scholarship was a difficult win for a foreign girl.

When she married, Thapaliya's husband, Dr Sudhakar Anil, was more like an understanding friend than a life-partner and the two were unable to spend much of their married life together due to her studies and career.

Thapaliya encountered many troubles during the Panchayat period, her life only settling once democracy was restored in 1990. Her cousin Chhatra was considered a counter-national element and Thapaliya was herself also a target of the state as she was advocating for unwanted elements in 1969 in Dang. She was even ordered to leave the district.

At the beginning of her career Thapaliya was in charge of a case which not only sent her out of the district but also resulted in the transfer of the Chief District Officer and other officials. Two other equally prominent cases Thapaliya handled was one of a boy student who ran a tea shop and another involving an 11-year-old girl.

Many high-level officers had run up significant debts in the boy's tea shop. When the boy demanded the officers clear their debts they had him detained under the charge of violating peace and order. In those days, charging somebody for violating peace and order was an accusation that he or she is a counter-national element or simply a "Congress" person.

The second significant case involved administrators at the time who intended to molest  the 11-year-old girl as she was the daughter of a democrat. Luckily when the officers called the girl to a particular place, students already had a plan to prevent the act. When they arrived at the meeting point, the officers were instead faced with the girl's mother and a long, hot discussion ensued. The intervention was recorded and the officers were unveiled.

The government attacked Thapaliya and her husband repeatedly on various false charges. She finally came to Kathmandu to hold the post of assistant professor at TU Law Campus just to save herself from the clutches of Panchayat administrators.

She dreamed of being Nepal's first female judge. In order to realize her dream she obtained a PhD and traveled to villages throughout Nepal to better understand the country's situation, culture and tradition. Thapaliya contacted the District Administration Offices in each district and with their help she moved from one village to another in an effort to understand the predicaments Nepali women in particular faced. She returned to Kathmandu with the determination to do something concrete for the liberation of Nepali women.

Thapaliya rethought her plan to become a judge and instead decided to do something to ensure justice for women, eventually establishing the Legal Aid and Consultancy Centre (LACC) in 1987. She has been actively working for the institution for over two decades in the support of victimized women. However, due to health conditions she has been unable to remain active for the past few years.

When the then royal palace heard Thapaliya had completed her doctorate on family law she was invited to participate in Sabari Camps, touring with the then king and queen to remote areas where experts from different sectors provided services to the local people. She was in Dhankuta, Surkhet and Pokhara Camps and dealt with many issues related to women's rights in accordance with social justice. A writ was filed against her charging her with giving justice without legal support. The writ was eventually scrapped and she began working in the legal professional from 1968. From 1976 she began to teach.

Thapaliya was selected as the first Prominent Woman Personality of Nepal. She believes one can be involved in politics without carrying any particular party's flag, as campaigning for social restructuring in all sectors of the state is political in itself. She was nominated for Autonomous Advocacy Group of Women Personalities from the government as per a cabinet decision in 2003.

Thapaliya has become very critical with regards to contemporary politics, believing today's leaders have insulted the field. She asserts that society can change through social activities and is doing her best to prove it.

On 4 March Thapaliya was diagnosed with endometrial cancer as she was preparing for a program scheduled for four days later. She initiated treatment only after the program was completed and has now returned to work, as active as ever.

"My grandmother was my inspiration during my childhood. Later, my mother and brother, Chhatraman, (inspired me) in my youth, and my husband after marriage," she said.

Thapaliya has published several books and journal articles. Along with legal articles, she has also found the time to pursue creative writing. Once she retires from her profession, she plans to be more engaged in literary activities. She is currently on her way towards publishing her biography.

Her contribution to Nepal has been recognized many times. She won the Mahendra Bidhya Bhushan in 1988 and the Deergha Sewa Padan in 2002. Along with these acknowledgments, she was honored at the national conference on the Beijing+15 Review Program in Kathmandu.

Over the course of her career, Thapaliya has achieved a tremendous amount, holding numerous prominent positions, and has studied extensively, both in Nepal and abroad. She was a SAARC-level Prominent Women Personality, chaired LACC from 1987, and has been a member of the Nepal Bar Association, the National Development Council, the National Planning Council, and many other forums. These are but a few of this inspirational woman's many lifetime accomplishments.

Written by Amika Rajthala