Posted by: dimag kharab April 11, 2011
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PART 3
FUNDAMENTAL RIGHTS
Right to Freedom: (1) Every person shall have the right to live with dignity, and no law shall be made which provides for capital punishment.
(2) No person shall be deprived of his/her 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 peaceably and without arms;
(c) freedom to form political party or organisations;
(d)freedom to form unions and associations;
(e) freedom to move and reside in any part of Nepal; and
(f)freedom to practice any profession, or to carry on any occupation, industry, or trade.
Provided that,
(1)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 jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities, or on any act of defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality.
(2) 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.
(3)nothing in sub-clauses (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 jeopardize the harmonious relations subsisting among the peoples of various castes, tribes religion or communities, which may
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instigate violence, or which may be contrary to public morality.
(4)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 jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities.
(5)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 specific industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.
13. Right to Equality: (1) All citizens shall be equal before the law. No person shall be denied the 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, origin, language or ideological conviction or any of these.
(3) The State shall not discriminate among citizens on grounds of religion, race, caste, tribe, sex, origin, language or ideological conviction or any of these.
Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit, indigenous ethnic tribes, Madeshi, or peasants, labourers or those who belong to a class which is economically, socially or culturally backward and children, the aged, disabled and those who are physically or mentally incapacitated.
(4) No discrimination in regard to remuneration and social security shall be made between men and women for the same work.
14. Right against Untouchability and Racial Discrimination: (1) No person shall, on the ground of caste, descent, community or occupation, be subject to racial discrimination and untouchability of any form. Such a discriminating act shall be liable to punishment and the victim shall be entitled to the compensation as provided by the law.
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(2) No person shall, on the ground of caste or tribe, be deprived of the use of public services, conveniences or utilities, or be denied access to any public place, or public religious places, or be denied to perform any religious act.
(3) No person belonging to any particular caste or tribe shall, while producing or distributing any goods, services or conveniences, be prevented to purchase or acquire such goods, services or conveniences; or no such goods, services or conveniences shall be sold or distributed only to a person belonging to a particular caste or tribe.
(4) No one shall be allowed to demonstrate superiority or inferiority of any person or a group of persons belonging to any caste, tribe or origin; to justify social discrimination on the basis of cast and tribe, or to disseminate ideas based on caste superiority or hatred; or to encourage caste discrimination in any form.
(5) Any act contrary to the provisions of sub-clauses (2), (3) and (4) shall be punishable in accordance with law.
15. Right Regarding Publication, Broadcasting and Press: (1) No publication and broadcasting or printing of any news items, editorial, article, writings or other readings, audio-visual materials, by any means including electronic publication, broadcasting and press, shall be censored.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty or integrity of Nepal, or which may jeopardise 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.
(2) No radio, television, online or any other types of digital or electronic means, press or any other communication media shall be closed, seized or be cancelled the registration because of publishing and broadcasting or printing any material by such means of audio, audio-visual or electronic equipments.
(3) No newspaper, periodical or press shall be closed, seized or be cancelled the registration for printing and publishing any news items, articles, editorial, writings or other reading materials.
(4) No communication means including press, electronic broadcasting and telephone shall be obstructed except in accordance with law.
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16. Right Regarding Environment and Health: (1) Every person shall have the right to live in clean environment.
(2) Every citizen shall have the right to get basic health service free of cost from the State as provided for in the law.
17. Education and Cultural Right: (1) Each community shall have the right to get basic education in their mother tongue as provided for in the law.
(2) Every citizen shall have the right to free education from the State up to secondary level as provided for in the law.
(3) Each community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civility and heritage.
18. Right regarding Employment and Social Security : (1) Every citizen shall have the right to employment as provided for in the law.
(2) Women, labourers, the aged, disabled as well as incapacitated and helpless citizens shall have the right to social security as provided for in the law.
(3) Every citizen shall have the right to food sovereignty as provided for in the law.
19. Right to Property: (1) Every citizen shall, subject to the laws in force, have the right to acquire, own, sell and otherwise dispose of the property.
(2) The State shall not, except in the public interest, requisition, acquire, or create any encumbrance on the property of any person.
Provided that this clause shall not be applicable on property acquired through illegal means.
(3) Compensation shall be provided for any property requisitioned, acquired or encumbered by the State in implementing scientific land reform programme or in public interest in accordance with law. The compensation and basis thereof and operation procedure shall be as prescribed by law.
20. Right of Woman: (1) No one shall be discriminated in any form merely for being a woman.
(2) Every woman shall have the right to reproductive health and other reproductive matters.
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(3) No physical, mental or any other form of violence shall be inflicted to any woman, and such an act shall be punishable by law.
(4) Son and daughter shall have equal rights to their ancestral
property.
21. Right to Social Justice: (1) Women, Dalit, indigenous tribes, Madheshi community, oppressed group, the poor peasant and labourers, who are economically, socially or educationally backward, shall have the right to participate in the state mechanism on the basis of proportional inclusive principles.
22.
Right of Child: (1) Every child shall have the right to his/her 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. Any such an act of exploitation shall be punishable by law and the child so treated shall be compensated in a manner as determined by law.
(4) Helpless, orphan, mentally retarded, conflict victims, displaced, vulnerable and street children shall have the right to get special privileges from the State to their secured future.
(5) No minor shall be employed in factories, mines or in any other such hazardous work or shall be used in army, police or in conflicts.
23. Right to Religion: (1) Every person shall have the right to profess, practise and preserve his/her own religion as handed down to him/her from ancient times having due regards to the social and cultural traditional practices.
Provided that no person shall be entitled to convert another person from one religion to another, and shall not act or behave in a manner which may jeopardize the religion of others.
(2) Every religious denomination shall have the right to maintain its independent existence, and for this purpose to manage and protect its religious places and religious trusts, in accordance with law.
24. Rights Regarding to Justice: (1) No person who is arrested shall be detained in custody without being informed of the ground for such arrest.
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(2) The person who is arrested shall have the right to consult a legal practitioner of his/her choice at the time of the arrest. The consultation made by such a person with the legal practitioner and the advice given thereon shall remain confidential, and such a person shall not be denied the right to be defended through his/her legal practitioner.
Explanation: For the purpose of this clause, the words "legal practitioner" means any person who is authorized by law to represent any person in any court.
(3) Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and no such a person shall be detained in custody beyond the said period except on the order of such authority.
Provided that nothing in clauses (2) and (3) shall apply to preventive detention or to a citizen of an enemy state.
(4) No person shall be punished for an act which was not punishable by law when the act was committed, nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence.
(5) No person accused of any offence shall be assumed as an offender until proved guilty committed by him.
(6) No person shall be prosecuted or punished for the same offence in a court of law more than once.
(7) No person accused of any offence shall be compelled to be a witness against oneself.
(8) Every person shall have the right to be informed about the proceedings of the trail conducted against him/her.
(9) Every person shall be entitled to a fair trial by a competent court or judicial authority.
(10) The indigent person shall have the right to free legal aid in accordance with law.
25. Right against Preventive Detention: (1) No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty and integrity or law and order situation of Nepal.
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(2) Any person held under preventive detention shall, if his/her detention was contrary to the law or was in bad faith, have the right to be compensated in a manner as prescribed by law.
26. Right against Torture: (1) No person who is detained during investigation, 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) Any such an action pursuant to clause (1) shall be punishable by law, and any person so treated shall be compensated in a manner as determined by law.
27. Right to Information: (1) Every citizen shall have the right to demand or obtain information on any matters of his/her own or of public importance.
Provided that nothing shall compel any person to provide information on any matter about which secrecy is to be maintained by law.
28. Right to Privacy: (1) Except on the circumstance as provided by law, the privacy of the person, residence, property, document, statistics, correspondence and character of anyone is inviolable.
29. Right against Exploitation: (1) Every person shall have the right against exploitation.
(2) Exploitation on the basis of custom, tradition and convention or in any manner is prohibited.
(3) Traffic in human beings, slavery or serfdom is prohibited.
(4) Force labour in any form is prohibited.
Provided that nothing in this clause shall prevent for enacting a law allowing the citizen to be engaged in compulsory service for public purposes.
30. Right Regarding Labour: (1) Every employee and worker shall have the right to proper work practice.
(2) Every employee and worker shall have the right to form trade unions, to organise themselves and to perform collective bargaining for the protection of their interest in accordance with law.
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31. Right against Exile: (1) No citizen shall be exiled.
32. Right to Constitutional Remedy: The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred in this part is guaranteed.
FUNDAMENTAL RIGHTS
Right to Freedom: (1) Every person shall have the right to live with dignity, and no law shall be made which provides for capital punishment.
(2) No person shall be deprived of his/her 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 peaceably and without arms;
(c) freedom to form political party or organisations;
(d)freedom to form unions and associations;
(e) freedom to move and reside in any part of Nepal; and
(f)freedom to practice any profession, or to carry on any occupation, industry, or trade.
Provided that,
(1)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 jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities, or on any act of defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality.
(2) 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.
(3)nothing in sub-clauses (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 jeopardize the harmonious relations subsisting among the peoples of various castes, tribes religion or communities, which may
5
instigate violence, or which may be contrary to public morality.
(4)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 jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities.
(5)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 specific industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.
13. Right to Equality: (1) All citizens shall be equal before the law. No person shall be denied the 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, origin, language or ideological conviction or any of these.
(3) The State shall not discriminate among citizens on grounds of religion, race, caste, tribe, sex, origin, language or ideological conviction or any of these.
Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit, indigenous ethnic tribes, Madeshi, or peasants, labourers or those who belong to a class which is economically, socially or culturally backward and children, the aged, disabled and those who are physically or mentally incapacitated.
(4) No discrimination in regard to remuneration and social security shall be made between men and women for the same work.
14. Right against Untouchability and Racial Discrimination: (1) No person shall, on the ground of caste, descent, community or occupation, be subject to racial discrimination and untouchability of any form. Such a discriminating act shall be liable to punishment and the victim shall be entitled to the compensation as provided by the law.
6
(2) No person shall, on the ground of caste or tribe, be deprived of the use of public services, conveniences or utilities, or be denied access to any public place, or public religious places, or be denied to perform any religious act.
(3) No person belonging to any particular caste or tribe shall, while producing or distributing any goods, services or conveniences, be prevented to purchase or acquire such goods, services or conveniences; or no such goods, services or conveniences shall be sold or distributed only to a person belonging to a particular caste or tribe.
(4) No one shall be allowed to demonstrate superiority or inferiority of any person or a group of persons belonging to any caste, tribe or origin; to justify social discrimination on the basis of cast and tribe, or to disseminate ideas based on caste superiority or hatred; or to encourage caste discrimination in any form.
(5) Any act contrary to the provisions of sub-clauses (2), (3) and (4) shall be punishable in accordance with law.
15. Right Regarding Publication, Broadcasting and Press: (1) No publication and broadcasting or printing of any news items, editorial, article, writings or other readings, audio-visual materials, by any means including electronic publication, broadcasting and press, shall be censored.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty or integrity of Nepal, or which may jeopardise 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.
(2) No radio, television, online or any other types of digital or electronic means, press or any other communication media shall be closed, seized or be cancelled the registration because of publishing and broadcasting or printing any material by such means of audio, audio-visual or electronic equipments.
(3) No newspaper, periodical or press shall be closed, seized or be cancelled the registration for printing and publishing any news items, articles, editorial, writings or other reading materials.
(4) No communication means including press, electronic broadcasting and telephone shall be obstructed except in accordance with law.
7
16. Right Regarding Environment and Health: (1) Every person shall have the right to live in clean environment.
(2) Every citizen shall have the right to get basic health service free of cost from the State as provided for in the law.
17. Education and Cultural Right: (1) Each community shall have the right to get basic education in their mother tongue as provided for in the law.
(2) Every citizen shall have the right to free education from the State up to secondary level as provided for in the law.
(3) Each community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civility and heritage.
18. Right regarding Employment and Social Security : (1) Every citizen shall have the right to employment as provided for in the law.
(2) Women, labourers, the aged, disabled as well as incapacitated and helpless citizens shall have the right to social security as provided for in the law.
(3) Every citizen shall have the right to food sovereignty as provided for in the law.
19. Right to Property: (1) Every citizen shall, subject to the laws in force, have the right to acquire, own, sell and otherwise dispose of the property.
(2) The State shall not, except in the public interest, requisition, acquire, or create any encumbrance on the property of any person.
Provided that this clause shall not be applicable on property acquired through illegal means.
(3) Compensation shall be provided for any property requisitioned, acquired or encumbered by the State in implementing scientific land reform programme or in public interest in accordance with law. The compensation and basis thereof and operation procedure shall be as prescribed by law.
20. Right of Woman: (1) No one shall be discriminated in any form merely for being a woman.
(2) Every woman shall have the right to reproductive health and other reproductive matters.
8
(3) No physical, mental or any other form of violence shall be inflicted to any woman, and such an act shall be punishable by law.
(4) Son and daughter shall have equal rights to their ancestral
property.
21. Right to Social Justice: (1) Women, Dalit, indigenous tribes, Madheshi community, oppressed group, the poor peasant and labourers, who are economically, socially or educationally backward, shall have the right to participate in the state mechanism on the basis of proportional inclusive principles.
22.
Right of Child: (1) Every child shall have the right to his/her 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. Any such an act of exploitation shall be punishable by law and the child so treated shall be compensated in a manner as determined by law.
(4) Helpless, orphan, mentally retarded, conflict victims, displaced, vulnerable and street children shall have the right to get special privileges from the State to their secured future.
(5) No minor shall be employed in factories, mines or in any other such hazardous work or shall be used in army, police or in conflicts.
23. Right to Religion: (1) Every person shall have the right to profess, practise and preserve his/her own religion as handed down to him/her from ancient times having due regards to the social and cultural traditional practices.
Provided that no person shall be entitled to convert another person from one religion to another, and shall not act or behave in a manner which may jeopardize the religion of others.
(2) Every religious denomination shall have the right to maintain its independent existence, and for this purpose to manage and protect its religious places and religious trusts, in accordance with law.
24. Rights Regarding to Justice: (1) No person who is arrested shall be detained in custody without being informed of the ground for such arrest.
9
(2) The person who is arrested shall have the right to consult a legal practitioner of his/her choice at the time of the arrest. The consultation made by such a person with the legal practitioner and the advice given thereon shall remain confidential, and such a person shall not be denied the right to be defended through his/her legal practitioner.
Explanation: For the purpose of this clause, the words "legal practitioner" means any person who is authorized by law to represent any person in any court.
(3) Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and no such a person shall be detained in custody beyond the said period except on the order of such authority.
Provided that nothing in clauses (2) and (3) shall apply to preventive detention or to a citizen of an enemy state.
(4) No person shall be punished for an act which was not punishable by law when the act was committed, nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence.
(5) No person accused of any offence shall be assumed as an offender until proved guilty committed by him.
(6) No person shall be prosecuted or punished for the same offence in a court of law more than once.
(7) No person accused of any offence shall be compelled to be a witness against oneself.
(8) Every person shall have the right to be informed about the proceedings of the trail conducted against him/her.
(9) Every person shall be entitled to a fair trial by a competent court or judicial authority.
(10) The indigent person shall have the right to free legal aid in accordance with law.
25. Right against Preventive Detention: (1) No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty and integrity or law and order situation of Nepal.
10
(2) Any person held under preventive detention shall, if his/her detention was contrary to the law or was in bad faith, have the right to be compensated in a manner as prescribed by law.
26. Right against Torture: (1) No person who is detained during investigation, 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) Any such an action pursuant to clause (1) shall be punishable by law, and any person so treated shall be compensated in a manner as determined by law.
27. Right to Information: (1) Every citizen shall have the right to demand or obtain information on any matters of his/her own or of public importance.
Provided that nothing shall compel any person to provide information on any matter about which secrecy is to be maintained by law.
28. Right to Privacy: (1) Except on the circumstance as provided by law, the privacy of the person, residence, property, document, statistics, correspondence and character of anyone is inviolable.
29. Right against Exploitation: (1) Every person shall have the right against exploitation.
(2) Exploitation on the basis of custom, tradition and convention or in any manner is prohibited.
(3) Traffic in human beings, slavery or serfdom is prohibited.
(4) Force labour in any form is prohibited.
Provided that nothing in this clause shall prevent for enacting a law allowing the citizen to be engaged in compulsory service for public purposes.
30. Right Regarding Labour: (1) Every employee and worker shall have the right to proper work practice.
(2) Every employee and worker shall have the right to form trade unions, to organise themselves and to perform collective bargaining for the protection of their interest in accordance with law.
11
31. Right against Exile: (1) No citizen shall be exiled.
32. Right to Constitutional Remedy: The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred in this part is guaranteed.