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HONORABLE MRS.SAPANA PRADHAN MALLA
JUSTICE
SUPREME COURT OF NEPAL
______________________________________________________________________________

 


A.  GENERAL INFORMATION
1.  Date of Birth: November 15, 1963
2. Gender: Female
3. Marital Status: Married
4. Nationality: Nepali
5.Address: Shwet Binayak Marg, Thapathali, Kathmandu, Nepal


B.  ACADEMIC QUALIFICATION


Degree

University/Board

Year of Completion (A.D.)

Mid Career Master in Public Administration(MC/MPA)

Harvard University,USA

-

Master in Comparative Law(MCL),
(Political Science)

Delhi University

-

Bachelor in Law(BL)

Tribhuvan University,Nepal

-

C. PROFESSIONAL CAREER

 

S. No.

 

Designation

 

Organization/Institution

 

Tenure Period

1.

Justice

Supreme Court Of Nepal

2073 Shrawan 17  - Present

2.

 Gender/Legal Expert and Steering Committee Member

Supreme Court of Nepal

2071   

3.

Senior Advocate

Supreme Court of Nepal

2069 Falgun  

4.

Advisor, Unit on Women Empowerment and Gender based Violence

Prime Minister Office

 2066 B.S. - 2071 B.S.

5.

 Member of Constituent Assembly

Constitution House

 2065 Baishakh - 2069 Baishakh

6.

  Advocate

Supreme Court of Nepal

2043 Poush

D. OTHER RESPONSIBILITIES

  • Vice President, SARRC Law Nepal Chapter and Executive Council Member SARRC LAW (South Asian Association for Regional Cooperation in Law) 2014-2016.
  • Former Central Executive Member Nepal Bar Association and Former Executive member and Former Treasurer of Supreme Court Bar, Former President of Women Lawyer Association Nepal and founder President of Forum for Women Law and Development Nepal. Former board member Equality Now and founder South Asian Women’s Fund.
  • Member, Committee Against Torture, United Nation,2014
  • Gender Advisor Panel Member to the Reproductive Health Division, WHO,2014
  • High-Level Committee to Monitor Violence Against Women, January – March 2013
  • Member of the High Powered Committee to Amend Discriminatory Law against Women, Government of Nepal, 29th August – November 2001.
  • Lecturer, Nepal Law Campus, Faculty of Law, Tribhuwan University, 1990-1992 (Company Law and Administrative Law).
  • Involved in the Development of Plan and Plan of Actions: Plan of Action against Gender Based Violence against Women (2010 - 2012), Tenth Plan (2002-2007) of the Government of Nepal on marginalized group and gender as a cross cutting issue, Beijing Follow-up Plan of Action 2002, National Plan of Action on Convention on Elimination of Discrimination Against Women 2000.
  • Engaged in the Drafting of Laws: As member to Legislative Committee in the Constituent Assembly chair the committee in drafting of Investment Board Act 2010 and Domestic Violence Act 2008. Member of Committee to Finalize Truth and Reconciliation Commission and Disappearance Commission Bill, Anti Tobacco Act 2011, Mediation Act 2011, Untouchability Prohibition Act 2011, and Health Institution and Workers Right 2008.
  • Contributed in Law Reform Initiatives: Coordinated law reform on Gender based Violence Amendment Act 2015 through High-Level Committee to Monitor Violence Against Women, January to March 2013, Coordinated Gender Equality Bill drafted by Civil Society in 2007 Coordinated law reform initiatives on Inheritance Right for women (Country Code 11th Amendment). Coordinated Human Trafficking Bill drafted by Civil Society/UNIFEM in 2005, Coordinated HIV and AIDS draft Bill for FWLD/NCASC/Policy Project, Nepal, 2005-2007. Coordinated Foreign Employment Bill for Ministry of Labour and Transportation/UNIFEM 2005. Drafted amendment proposal for economic empowerment of Women. Worked as as a Team Member of the Government Task Force, framed a concept paper on Family Court Bill, also involved in drafting bill on National Commission on Women, 1999 and Inheritance Right Bill.
  • Public Interest Lawyer: As a cause lawyer, filed and pleaded number of cases on a range of issues, from the environment (water pollution, Godavari Marble Case, Pesticide Case) to civil rights (such as Voting Right’s for Prisoners) as well as right of the minorities and marginalized groups. Involved in all most all the leading cases regarding gender discrimination issues in Nepal (right to inheritance, ensuring reproductive health right, criminalizing marital rape, witness protection, maintaining confidentiality etc.)
  • Involved in Reporting under Treaty Monitoring Bodies for State Accountability: Provided Technical assistance on finalization of shadow report on 4th and 5th Periodical Report of CEDAW 2011. Coordinated NGO Shadow Report preparation and participation to CEDAW Committee on Initial Report to CEDAW in 2004 and also in 1999.
  • Training Manual Prepared, Training Coordinated and Facilitated Training Manual Prepared for the Police on Prevention and Prosecution of Trafficking of Human Beings (2011). Training Manuals prepared on Conflict Resolution, Legal and Economic Rights for Women. Para Legal Manuals and Trainings. Training Manual on CEDAW and OP to CEDAW, Prepared Training and Manual on Combating Trafficking of Women and Children, Manual on HIV and Trafficking. Facilitated various Training Programs and workshops

E.TRAININGS AND INTERNATIONAL WORK:

  • “Training conducted on “How to be a strategic parliamentarian”, IDEA and Inter-parliamentary, September 26-29, Myanmar
  • Legal Consultant, Donor Direct Action to initiate collaboration with HAWACA, an organization based in Afghanistan, May, 2013
  • Consultant, UNICEF Afghanistan to the review of Anti Trafficking legislation, October 30 to December 31, 2007, Afghanistan.
  • Facilitated Peer learning of South Asian Governments on CEDAW Reporting, April 5-7, 2007, organized by UNIFEM SARO and Government of Pakistan in Islamabad, Pakistan.
  • Resource Person in South Asia Regional Training CEDAW organized by PLD and UNIFEM, September 24-29, 2006 in Delhi, India.
  • National Expert on Gender and Human Rights for the evaluation of UN High Commissioner on Human Rights activities for European Commission 2006
  • Contributor in Developing Training Guideline on Violence Against Women (Includes Trafficking survivor), LACC/SARI Q, 2006 Mach-July
  • Contributed in study on Legal Identity for Social Inclusion, May 2005- January 2006, Asian Development Bank, Regional and Technical Assistance Project carried out by The Asia Foundation.
  • Contributed in IWRAW AP Occasional Paper Series on Equal Right to Nationality in the Asia Pacific, 2006.
  • UNIFEM Afghanistan, for the evaluation of the gender and justice project and made recommendation for the future program, July 20 to August 11, 2005, Kabul, Afghanistan
  • Contributed in IWRAW AP Occasional Paper Series on Sexual Harassment in the work place: Opportunity and Challenges in the Asia Pacific, 2005
  • Study on Laws and Legal Procedures Concerning the Commercial Sexual Exploitation of Children in Nepal as a part of a Regional Study on the Commercial Sexual Exploitation of children (CSEC) 2004, ECPAT/Plan
  • Contributor in an Asia Pacific Regional Paper on "Women, HIV and Human Rights", prepared for the UN Office of the high Commissioner for Human Rights 2004.
  • Contributor to a book on Philanthropy and Law in South Asia, Asia Pacific Philanthropy Consortium, 2004
  • With Asia Foundation to assist Center for Human Rights and Development in developing methodology and study on legal and policy framework for trafficking law reform in Mongolia, July 2003
  • Contributed in A Resource Guide to Regional and International Instruments, Political Commitments and Recommended Practice (chapter on Key Considerations for improving laws enforcement responses) UN, ESCAP, 2003
  • For UNICEF ROSA, prepared advocacy materials to encourage governments of South Asia for the ratification of the Optional Protocol to the Convention on the Rights of the Child on Sale of Children, Child Pornography and Child Prostitution, and on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organized Crime 2000, (July to September 2002)
  • UN High Commissioner on Human Rights, Cambodia Office (technical input on the finalization of Initial Report to CEDAW of Royal Government of Cambodia), November 10 – December 31, 2002.
  • UN High Commissioner on Human Rights and ESCAP for the CEDAW training to the Judges (how to apply on judicial intervention) and Government Official (on reporting obligation) of Asia Pacific Region, November 2 – 8, 2002, Bangkok.
  • Prepared Comments under each article of the SAARC Convention Preventing and Combating Trafficking in Women and Children and coordinated advocacy for adoption and amendment on SAARC Convention on Trafficking, 2001
  • Regional study for United Nations Division for the Advancement of the Women, to Analyze the Impact of the Strategies on Violence Against Women in Asian Region 1998 through Equality Now
  • Advocating for equality of women and other excluded groups and also working to amend discriminatory laws of the world through Equality Now, CRR and IWRAW AP. Participating as a resource person in various trainings conducted by IWARW AP and UNIFEM on CEDAW, Trafficking of women and Children

F.AWARDS (Awarded on Different Dates)

  • Lotus Leadership Award for contributing in women's right and anti trafficking law, June 6, 2013, The Asia Foundation
  • Gruber International Women’s Right Award, 2008 - by the Peter and Patricia Gruber Foundation for advancing gender equality, USA
  • Youth Ambassador for Peace, 2007 - Award by Youth Federation for World Peace
  • Krishna Mohan Nudap Shanti Award, 2005 - Awarded for working for inclusion and peace in Nepal.
  • The Most Influential Women by Readers Choice, 2004 - BOSS
  • Durga Award, 2003 - awarded for working for women empowerment in Nepal.

G.   PUBLISHED STUDIES

  • Marginalized Groups in the Constituent Assembly: Participation, Issues and challenges, FWLD, 2013
  • Rule of Law and Policing in Nepal, Policing in Nepal: A collection of Essays, Safer World, September 2007, page 28-33
  • Legal Identity for Social Inclusion, a study conducted for Asian Development Bank, 2006
  • Author of Trafficking of Human being, Effectiveness of law Enforcement Mechanism, UNIFEM /FWLD 2005
  • Human Development Report, Chapter on Access to Justice, 2004
  • Inheritance Right of Nepali Women: Journey Towards Equality, IWARW- Asia Pacific/FWLD, 2004
  • Discriminatory Laws in Nepal and their impact on Women: A review of the current situation and proposals for change, 2000 and updated in 2004 and 2005, FWLD
  • HIV/AIDS and Human Rights: A legislative Audit. NCASC/Policy Project/FWLD, Nepal, 2004.
  • Author, book on Laws Related to Hotel Industry, 2003 (Commentaries on laws related to hotel industry that includes labour laws, taxation laws and company laws)
  • Substantive Model of Equality and State Obligation FWLD and Asia foundation, 2002.
  • Co-author in Abortion in Nepal: Women in prison, CRLP and FWLD, 2002
  • Sexual Harassment at Workplace in Nepal for ILO/FWLD, 2001
  • Pro-Poor Governance Assessment Nepal, Contributed Chapters (Access to Justice and Personal Security and Honest and Accountable Government) on Promoting Enabling State Program/ DIFID, September 2001. Gives a comprehensive assessment of the pro-poor governance situation in Nepal.
  • Chapter on Nepal in the "First CEDAW Impact Study", Published by Center for Feminist Legal Research, York University, Canada, 2000. (Focus on the status of women in Nepal.
  • A chapter on Violence Against Women and Girls in Nepal, Breaking the Silence: Violence Against Women in Asia, Published by Equal Opportunity Commission, 1999
  • Baseline Study on Inheritance Right of Women, A project of IWRAW Asia Pacific on Facilitating State Obligation towards women’s Equality, 1999.

H. MAJOR STUDIES CONDUCTED 
  

  • Evaluation of a project of UNFPA to see the implementation of reproductive health project in right based approach, 2007
  • Citizen's without Rights: Nepal Gender and Social Exclusions Assessment, DIFID/The World Bank, 2005
  • Study on Implementation status of Concluding Observation of CEDAW and develop indicator for the monitoring, UNIFEM, 2002
  • Study on Monitoring Mechanism of National laws, policies, Regional and International Conventions relating to Trafficking of Women and study the nexus between Trafficking and Migration, JIT, October 2001
  • Coordinated National Mapping Exercise of Policies, Ethics, Laws and judicial pronouncement with a view to facilitate structuring comprehensive human rights and gender based HIV/AIDS Policy and Law, 2000-2001, A South Asian Regional Study conducted by UNDP REACH
  • Study on Implementation status of CEDAW- MWCSW/UNDP/FWLD 2000
  • Women’s Participation on Political Process of Nepal, APWLD, 1999.
  • “Child Labour in Nepal, an Overview and proposed plan of action”, ILO, March 1995,
  • Situational Analysis of Child Labour in Nepal and Report writing, Planning Commission, 1997.
  • A study on the use of Legal system against violence on Girls and Women, 1997 for UNICEF Regional Office
  • Comparative Study of Inheritance Law, LACC/FWLD, 15 February-15 May 1996.
  • “Survey on Political Right and Discriminations Against Women”, Pro public, 1995.
  • "Women Entrepreneurs in Export Marketing," ITC/TPC 1989 Kathmandu, Nepal.

I. PUBLICATIONS 
a. English articles in various newspapers

  • Citizenship provisions discriminates against women, The Himalayan Times, September 21, 2015
  • Still Unequal, Kathmandu Post, September 20, 2015
  • Sacrificial Lambs (On discriminatory citizenship law), Kathmandu Post, July 29, 2015
  • Thin line (ethical confrontation as a member of Constituent Assembly and as a lawyer while amending Anti Money Laundering Act), Republica Daily, October 16, 2014
  • The Emerging Debate (A protocol to CEDAW on VAW or GR on CEDAW or a separate Convention), Republica, June 7, 2014
  • Urgent Need for the Comprehensive Law for Safe and Affordable Abortion, Himalayan Times, 12 October 2012.
  • Global Economic Crisis and Nepali Women, Business Age, Volume 10, No 1, October 2010
  • Citizenship Clause and Statelessness, Republican, May 11, 2010
  • Good fences (On need to review Nepal India Peace Treaty 1950), Kathmandu Post, Feb 11, 2009
  • Engendering the Constitution of Nepal, Nepal Bar Council 2008.
  • Failure of Child Marriage Law and Recent Intervention of the Supreme Court. National Judicial Academy, Law Journal, Vol 1, Number 1, 2007
  • Women's Agenda in Constituent Assembly, Kathmandu Post, August 17, 2006
  • Cultural Violence and Human Right Discourse, Kathmandu Post, December 24, 2006
  • Sex Equality-Approaches and judicial Intervention, Supreme Court 50th Anniversary, Special Volume Publication, Page 190, 2006
  • Women Empowerment, Kathmandu Post, May 5, 2004
  • They are Waiting to Come Home ( trafficked women), The Himalayan Times, March 8, 2004
  • Of Race, Gender and Xenophobia, the Himalayan Times, June 14, 2003
  • Sexual Harassment at Work Place, The Himalayan Times, March, 2003
  • "Inclusion of Women's Human Rights and Politics of Exclusion", Annual Survey of Nepalese Law, Nepal Bar Council, 2002
  • "HIV/AIDS: Laws and Ethical Issues", the Kathmandu Post, November 30, 2001
  • "Women's Right at the Cutting Edge of Universality ", Annual Survey of Nepalese Law, Nepal Bar Council, 2001, p 260-271
  • "The Response of the SARRC Countries to International Efforts to Combat Abuse of Women and Children” Seventh SAARC LAW Conference, October 1998
  • Judicial Interpretation and Gender Discrimination” Nyadoot, Year 27 No. 95, Vol.7, English Special Issue, 1997, page 15
  • "Challenging Nepal's Inheritance Law" Women in Politics Resource Network, Volume 1 No 1 July-Oct 1997, P.4
  • “Need of Amendment of Prevailing Property Law”, Himalayan Times, 16 May 1996.
  • “Case Study of Jalbire Women’s Community Forest Group, Grokha District”, Published by ICIMOD, Nepal, January 1996
  • “Of Women and Politics”, the Kathmandu Post, September 11, 1994.
  • “The Feminine Mystique”, the Rising Nepal, December 14, 1990.
  • “Violation of Human Rights of Women”, The Rising Nepal, July 13, 1990

b. Nepali articles in various newspapers

  • “Draft of the Constitution speaks, Kantipur, Srawan 23, 2072 (Joint Article with Aruna Upreti)
  • Issues related to Identity of Women, Kantipur National Daily, September 12, 2014
  • Endless Constituent Assembly, Kantipur National Daily, May 25, 2012
  • Murder of Dheghani Devi in the Name of Witchcraft, Kantipur National Daily, March 8, 2012
  • Murder of Geeta: Stigma for the Nation, Kantipur National Daily, January 27, 2012
  • Women’s Access to Justice, Annapurna Post, 1 Shrawan 2068 (2011)
  • Holi (Colour Festival) and Violence, Kantipur National Daily, March 8, 2011.
  • Question Raised On Inequality Consensus, Kantipur National Daily, January 9, 2011
  • How Long to Read Suicidal Cases Only, Kantipur National Daily, August 11, 2010
  • Violence Free New Nepal, Kantipur National Daily, March 9, 2010
  • Federalism: Threat and Way to Address, Kantipur National Daily, Feb 22, 2010
  • Experiences of Collection of Opinion in Constitution Making Process, Kantipur National Daily, April 5, 2009
  • Proposed Citizenship Provision and Creation of Statelessness and Discrimination, Kantipur National Daily, Feb11, 2010.
  • Law and Politics are Never Women Centric, Gorkhapatra daily, march 8, 2009.
  • Subject of Nepali Women's Movement", Kantipur National Daily, 2006
  • "Interim Constitution 2063 and Women's Right, Kantipur National Daily, December 29, 2006
  • "Women Bill, When and Where?" Kantipur National Daily, Monday November 15, 2001
  • “A comment on Domestic Violence Bill," Nyaya Darpan, year 1, vol.7, 2055 (1999)
  • “Violence against Women and Law," Nyayadoot, Year 29, No. 106 Vol. 4, 1998, page 45
  • “Protection of the Women’s Right in the proposed Bill” Gorakha Patra, 2054.4.23 (1997)
  • “Convention on Elimination of all Forms of Discrimination Against Women and Nepalese Law," Nyaydoot, year 28, no 97, vol.2, 1997, page 150
  • “Judicial Interpretation and Discrimination Against Women," Sagarmatha, 1 Aug. 1996
  • “Labor Act 2048 and its impact on Hotel Industry” Nepal Labor Journal, Years 1, Volume 9, 2052 Page 10
  • “Economic Liberalization Policy and Labor Legislation Affecting Investor," Kantipur Daily, March 20, 1995
  • “Juvenile Delinquency and Law," LACC LENS, Vol. 1, page 23, December 1994.
  • “Women and Industrial Law” Women and Law, published by SCOPE, 1994.
  • “Property Rights of Women," 9 ASHMITA 1991 P. 17.
  • “SAARC Girl Child Year," 8 ASHMITA 1991, p. 51.
  • “Convention on the Rights of the Child and Legal Rights of Nepalese Children," 2 ASHMITA 34 (1990).
  • “Freedom of Religion: Religion, Law and the State”, (Nepali) Essays on Constitution Law, Vol. 4, Nepal Law Society, 1990, p.36.
  • “Legal Status of Women in Nepal," an article published in a vernacular Monthly magazine, TARUN, Vol. 6, No. 1 (1986)


J.  POSTAL ADDRESS/CONTACTS
Supreme Court of Nepal
P.O. Box.20438
Email:  sapana12@live.com
sapana_Pradhan_Malla@hks14.harvard.edu
sapana.pm@supremecourt.gov.np