NEPAL Nepal Nepal Joined United Nations: 14 December 1955 Human Rights as assured by their constitution Updated 19 November 2012
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Part 3
Fundamental Rights
12. Rights to Freedom:
1) Every person shall have a right to live with dignity and no law shall be made which provides for capital punishment.
(2) No person shall be deprived of his personal liberty save in accordance with law.
(3) Every citizen shall have the following freedoms:
(a) freedom of opinion and expression;
(b) freedom to assemble peacefully and without arms;
(c) freedom to form political party or associations;
(d) freedom to form unions and associations;
(d) freedom to move and reside in any part of Nepal; and
(e) freedom to practice any profession, or to carry on any occupation, industry, or trade.
but,
nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may
undermine the sovereignty and integrity of Nepal, or which may endanger the harmonious relations subsisting among the peoples of
various castes, tribes or communities, or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any
act which may be contrary to decent public behaviour or morality;
(1) nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may
undermine the sovereignty, integrity or law and order situation of Nepal which may instigate violence or which may be contrary to
public morality;
(2) nothing in sub-clause (c) and (d) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which
may undermine the sovereignty and integrity of Nepal, which may endanger the harmonious relations subsisting among the peoples of
various castes,tribes or communities;
(3) nothing in sub-clause (e) shall be deemed to prevent the making of laws which are in the interest of the general public, or which
are made to impose reasonable restrictions on any act which may endanger the harmonious relations subsisting among the peoples of
various castes, tribes or communities;
(4) nothing in sub-clause (f) shall be deemed to prevent the making of laws to impose restriction on any act which may be contrary to
public health or morality, to confer on the State the exclusive right to undertake specified industries, businesses or services; or to
impose any condition or qualification for carrying on any industry, trade, profession or
occupation.
13. Rights to equality:
(1) All citizens shall be equal before the law. No person shall be denied the right to equal protection of the laws.
(2) No discrimination shall be made against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe
or ideological conviction or any of these.
(3) The State shall not discriminate among citizens on grounds of religion, race, sex, caste, tribe, or ideological conviction or any of
these.
Provided that special provisions may be made by law for the protection and advancement of the interests of women, Dalit, ethnic
tribes, Madeshi, or farmers, laborers or socially or culturally backward class or children, the aged or those who are physically or
mentally incapacitated or those who belong to a class which is economically, socially or educationally backward.
(4) No discrimination in regard to remuneration shall be made between men and women for the same work.
14. Rights against untouchability and racial discrimination: (1) No discrimination against as untouchable shall be made against any
person on the basis of caste, lineage, community or occupation. Such discriminating act shall be liable to be punished and the victim
shall receive the compensation as determined by the law.
(2) No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be
deprived of the use of public utilities or be denied entry into public religious places or be denied to perform any religious ceremony.
(3) Any thing, service or benefits that is produced or distributed, anyone shall not be denied from purchasing or getting those services,
benefits or things nor shall those things, services or benefits be sold or distributed to certain special caste or race.
(4) Any caste, race or people of origin or exhibiting status of people's community, who thinks social discrimination on the basis of
caste, race is righteous or advocates for caste supremacy and principles based on hatred or encourages any sort of racial
discrimination shall be prohibited.
(5) Any contravention of the sub-clause (2) (3) and (4) shall be punishable according to the law.
15. Press, Publication and Broadcasting Right:
(1) No prior prohibition shall be made on publication, broadcasting or to print any news, editorial, write-up, writing, or any
other book, audio visual clips along with Electronic publication, broadcasting and use of press. But nothing shall prevent the making of
laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may
endanger the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition,
defamation, contempt of court or incitement to an offence; or on any act against which may be contrary to decent public behaviour or
morality.
(2) Any audio, audio visual or material if produced and broadcast or printed through any electronic device those materials produced
and broadcast or print radio, television, online or any other digital or electronic press or other media medium shall not be closed, seized
or the registration be cancelled
(3) The registration of a newspaper, magazine or press shall not be closed, seized or cancelled merely for publishing or inserting of
any news item, editorial, article or other reading material.
(4) Apart from in accordance with the law any press, electrical transmission and any other communication including telephone shall
not be obstructed.
16. Right to Environment and Health:
(1) All citizens shall have the right to live in clean environment.
(2) Every citizen shall have the right to free basic health service in accordance with the provision made by the government in the law.
17. Right to Education and Culture:
(1) Every community shall have the right to get basic education in their mother tongue in accordance with the provision made by the
law.
(2) Every citizen shall have the right to free education up to secondary level in accordance with the provision made in the law by the
state.
(3) Every community residing in Nepal shall have the right to conserve and promote their language, script, culture, cultural civility and
heritage.
18. Right to Employment and Social Security:
(1) Every citizen shall have the right to employment according to the provisions made by the law.
(2) Women, labourers, elder citizen, disabled and vulnerable and helpless shall have the right to employment in accordance with the
provision made by the law.
(3) Every citizen shall have the right to food sovereignty in according to the provision made by the law.
19. Right to Property:
(1) Every citizen shall have the right to property to acquire, own, sell, otherwise dispose employment according to the provisions made
by the law.
(2) Unless for social welfare the state shall not acquire or obtain nor shall they have any authority over such property. But this clause
shall not be applicable on property acquired through illegal means.
(3) While implementing scientific land reforms or for social welfare reason if the state acquires or obtain any person's property or
make authoritative claim on such property shall provide compensation in accordance with the law. The compensation and basis of it
and working system will be in accordance with the decision made by the law.
20. Right to Women:
(1) No one shall be discriminated merely for being a woman.
(2) Every woman has the right to reproductive health and reproductive related right.
(3) No physical, mental or any other form of violence shall be inflicted to any women and such acts shall be punishable by the law.
(4) Son and daughter shall have equal rights to their ancestral property.
21. Right to Social Justice:
(1) Economically, socially or educationally backward women, Dalit, Ethnic Tribes, Madeshi community, oppressed class, poor
farmers and labourers shall have the right to participate in the state restructuring on the basis of proportional inclusive principles.
22. Right to the Child :
(1) Every child shall have the right to have their own identity and name.
(2) Every child shall have the right to get nurtured, basic health and social security.
(3) Every child shall have the right against physical, mental or any other form of exploitation. The exploiting actions shall be punishable
by the law and the person who is treated in such manner shall be compensated in accordance with the law.
(4) Helpless, orphan, mentally challenged, conflict victims, displaced and street kids at risk shall have the right to get special provision
from the state for their secured future.
(5) Any minor shall not be employed in factories, mines or for any other hazardous work or shall be used in army, police or in
conflicts.
23. Right to Religion:
(1) Every person shall have the freedom to profess and practise his/her own religion as handed down to him/her from ancient times
having due regards to traditional practices
But no person shall be entitled to convert another person from one religion to another and shall not take actions or behave that would
create disturbances in other's religion.
(2) Every religious community in accordance with the law shall have the right to maintain it's independent identity and conserve and
manage it's religious places and trusts.
24. Right Regarding Justice:
(1) No person shall be arrested without a clarification notice.
(2) The arrested person shall have the right to consult a legal professional of his choice at the time of his/her arrest. The discussion
between that person and the legal professional shall remain confidential and that person shall not be denied the right to appeal for trial
by his/her legal professional.
Clarification: In this clause "Legal professional" means a person who has been authorized by the law to represent any person in any
court.
(3) The arrested person should be brought before judicial authority within 24 hours of the arrest excluding the time required to travel.
But notwithstanding what is written in clause 2 and 3 shall not be applicable to preventive detention or citizen of enemy state.
(4) In case where any person does something that can not be punished under the prevalent law then that person shall not be punished
and if any person commits a crime then that person shall not be punished more than what is decided by the
prevalent law.
(5) No person who is accused of an offence shall be considered guilty unless the person's crime is proven.
(6) No person shall be prosecuted or punished for the same offence in a court of law more than once.
(7) No person who is accused of any offence shall be compelled to be a witness against oneself.
(8) Every person has the right to be informed about the proceedings of the trail.
(9) Every person has the right to a fair hearing from a competent court or judicial body.
(10)The unable party in accordance with the provision made by the law shall have the right to free legal service.
25. Right against Preventive Detention:
(1) No person shall be held under preventive detention unless there are sufficient grounds of existence of an immediate threat to
the sovereignty, integrity or public peace and management of Nepal
(2) If any person is held under preventive detention and if his detention was found to be contrary to law or was in bad faith, then shall
have the right to be compensated in accordance with the provision made by law.
26. Right against Torture:
(1) No person who is detained during investigation or for enquiry or for trial or for any other reason shall be subjected to physical or
mental torture, nor shall be given any cruel, inhuman or degrading treatment.
(2) Actions in pursuant to clause (1) shall be punishable by the law and any person so treated shall be compensated in accordance to
the decision determined by law
27. Right to Information:
(1) Every citizen has the right to demand and obtain the information regarding any matters of their own or of public relevance.
(2) But the information that should be kept confidential in accordance with the law, any person shall not be made compelled to provide
such information.
28. Rights to Privacy:
(1) Unless demanded by law, the privacy of the person's body, house, property, document, statistics, correspondence or photographs
of anyone is inviolable.
29. Rights against Exploitation:
(1) Every citizen shall have the right against exploitation.
(2) No person shall be exploited in any form on the basis of custom, tradition or in the name of enforcement.
(3) No person shall be bought or sold, made slave or made bonded labour.
(4) No person shall be made to work against his/her wishes.
But, nothing in this clause shall be a bar the law from making a provision for compulsory service for public purposes.
30. Right to Labour:
(1) Every employee and worker shall have the right to proper work exercise.
(2) In accordance with the provision made in the law every employee and worker shall have the right to open trade unions, gather
together and make group negotiation for their personal benefit.
31. Right against Exile:
(1) No citizen shall be exiled from the country.
32. Right to Constitutional Remedy: The right to proceed in the manner set forth in
Article 107 for the enforcement of the rights conferred by this Part is guaranteed.
Spanning some 9,000 years of history, the region which now makes up Nepal was populated
with Indo-Aryan tribes beginning about 1500 BCE, establishing small kingdoms and
fiefdoms. One of its princes, Siddharta Gautama (563–483 BCE), renounced his royal titles to
assume an ascetic life under the title of Buddha, spawning the Buddhist religion. Unified
kingdoms began to take shape beginning around 273 C.E. from the capital Kathmandu with
periodic shifts of monarchial powers from dynasties arising over the next 1, 500 years, with
the Shah dynasty solidifying control in 1800. War with the British East India Company from
1814-1816 resulted in Nepalese forces being crushed. Britain signed a treaty claiming parts
of Terrai and Sikkim but providing autonomy to Nepal. Jang Bahadur, a fast-rising military
leader , challenged the Khan dynasty led by Queen Rajendralakshmi, emerging victorious
and establishing the pro-English Rana dynasty in 1846. In 1923 Britain and Nepal formally
signed an agreement of friendship, in which Nepal's independence was recognised by the
British. Experiments in democracy were attempted throughout the first half of the 20th
century but India installed King Tribhuvan as Nepal's new ruler in 1951, and wranglings for
power persisted between the parliament and the King's son and heir , King Mahendra, who
promulgated a democratic constitution in 1959 but declared it a failure after 18 months,
dismissing the parliament and Prime Minister, B.P. Koirala, and promulgating a new
constitution on 16 December, 1962. Power passed to his son, King Birendra, in 1972 who
ruled until he and 11 members of the Royal Family were shot to death by Crown Prince
Dipendra in 2001, who briefly held the crown until dying of his own wounds. The crown
passed to his brother Prince Gyanendra. Since February 1996, Maoist parties had been
waging a war attempting to topple the parliamentary monarchy. Gyanendra declared a state
of emergency on February 1, 2005, dissolving Parliament and taking absolute control over
the nation. A failed attempt at elections in February 2006 caused support for the king to
further erode and April 2006 street protests forced the king to reinstate the Parliament. A
seven party governing coalition stripped King Gyanendra of his powers and promulgated an
interim constitution in May 2006, placing Prime Minister Girija Prasad Koirala as both the
Chief of State and Head of Government. Elections are scheduled for June 2007 and full
ratification of the Constitution is expected at that time. Fundamental Rights are enumerated
in Article II and conform to the United Nations 1948 Universal Declaration of Human Rights
of which Nepal is a signatory and are detailed below. For the full unofficial English
translation of Nepal's Interim Constitution, click here.