Part-3 Fundamental Rights and Duties

Part-3 Fundamental Rights and Duties

Fundamental Rights and Duties

16. Right to live with dignity:

(1) Every person shall have the right to live with
dignity.

(2) No law shall be made providing for the death penalty to any one.
17. Right to freedom:

(1) No person shall be deprived of his or her personal liberty
except in accordance with law.

(2) 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 parties,

(d) freedom to form unions and associations,

(e) freedom to move and reside in any part of Nepal,

(f) freedom to practice any profession, carry on any occupation, and
establish and operate any industry, trade and business in any part of
Nepal.

Provided that:
(1) Nothing in sub-clause (a) shall be deemed to prevent the making of an
Act to impose reasonable restrictions on any act which may undermine
the sovereignty, territorial integrity, nationality and independence of
Nepal or the harmonious relations between the Federal Units or the
people of various castes, tribes, religions or communities or incite castebased
discrimination or untouchability or on any act of disrespect of
labour, defamation, contempt of court, incitement to an offence or on
any act which may be contrary to public decency or morality.
(2) Nothing in sub-clause (b) shall be deemed to prevent the making of an
Act to impose reasonable restrictions on any act which may undermine
the sovereignty, territorial integrity, nationality and independence of

Nepal or the harmonious relations between the Federal Units or public
peace and order.

(3) Nothing in sub-clause (c) shall be deemed to prevent the making of an
Act to impose reasonable restrictions on any act which may undermine
the sovereignty, territorial integrity, nationality and independence of
Nepal, constitute an espionage against the nation or divulge national
secrecy or on any act of rendering assistance to any foreign state,
organization or representative in a manner to undermine the security of
Nepal or on an act of sedition or on any act which may undermine the
harmonious relations between the Federal Units or on any act of
incitement to caste-based or communal hatred or on any act which may
undermine the harmonious relations between various castes, tribes,
religions and communities, or on any act of acquisition of, or restriction
on, membership of any political party on the basis solely of tribe,
language, religion, community or sex or on any act of formation of a
political party with discrimination between citizens or on incitement to
violent acts or on any act which may be contrary to public morality.
(4) Nothing in sub-clause (d) shall be deemed to prevent the making of an
Act to impose reasonable restrictions on any act which may undermine
the sovereignty, territorial integrity, nationality and independence of
Nepal, or on any act which may constitute espionage against the nation
or on any act of divulgence of national secrecy or on any act assisting
any foreign state, organization or representative in a manner to
undermine the security of Nepal or on an act of sedition or on any act
which may undermine the harmonious relations between the Federal
Units or on any act of incitement to caste-based or communal hatred or
on any act which may undermine the harmonious relations between
various castes, tribes, religions and communities or on incitement to
violent acts or on any act which may be contrary to public morality.

(5) Nothing in sub-clause (e) shall be deemed to prevent the making of an
Act to impose reasonable restrictions on any act which may undermine
the interest of the general public or which may undermine the
harmonious relations between the Federal Units or the harmonious
relations between the peoples of various castes, tribes, religions or
communities or which may constitute or incite violent acts.

(6) Nothing in sub-clause (f) shall be deemed to prevent the making of an
Act to prevent any act which may undermine the harmonious relations
between the Federal Units or any act which may be contrary to public
health, decency or morality of the general public or to confer on the
State the exclusive right to undertake any specific industry, trade or
service, or to prescribe any condition or qualification for carrying on
any industry, trade, occupation, employment or business.

18. Right to equality:

(1) All citizens shall be equal before law. No person shall be
denied the equal protection of law.

(2) No discrimination shall be made in the application of general laws
on grounds of origin, religion, race, caste, tribe, sex, physical condition, condition
of health, marital status, pregnancy, economic condition, language or region,
ideology or on similar other grounds.

(3) The State shall not discriminate citizens on grounds of origin,
religion, race, caste, tribe, sex, economic condition, language, region, ideology or
on similar other grounds.
Provided that nothing shall be deemed to prevent the making of special
provisions by law for the protection, empowerment or development of the citizens
including the socially or culturally backward women, Dalit, indigenous people,
indigenous nationalities, Madhesi, Tharu, Muslim, oppressed class,
Pichhadaclass, minorities, the marginalized, farmers, labours, youths, children,
senior citizens, gender and sexual minorities, persons with disabilities, persons in
pregnancy, incapacitated or helpless, backward region and indigent Khas Arya.
Explanation: For the purposes of this Part and Part 4, “indigent” means a person
who earns income less than that specified by the Federal law.

(4) No discrimination shall be made on the ground of gender with regard
to remuneration and social security for the same work.

(5) All offspring shall have the equal right to the ancestral property
without discrimination on the ground of gender.

19. Right to communication:

(1) No publication and broadcasting or dissemination or
printing of any news item, editorial, feature article or other reading, audio and
audio-visual material through any means whatsoever including electronic
publication, broadcasting and printing shall be censored.
Provided that nothing shall be deemed to prevent the making of Acts to
impose reasonable restrictions on any act which may undermine the sovereignty,
territorial integrity, nationality of Nepal or the harmonious relations between the
Federal Units or the harmonious relations between various castes, tribes, religions
or communities, or on any act of sedition, defamation or contempt of court or
incitement to an offence, or on any act which may be contrary to public decency or
morality, on any act of hatred to labour and on any act of incitement to caste-based
untouchability as well as gender discrimination.

(2) No radio, television, on-line or other form of digital or electronic
equipment, press or other means of communication publishing, broadcasting or
printing any news item, feature, editorial, article, information or other material
shall be closed or seized nor shall registration thereof be cancelled nor shall such
material be seized by the reason of publication, broadcasting or printing of such
material through any audio, audio-visual or electronic equipment.
Provided that nothing contained in this clause shall be deemed to prevent the
making of an Act to regulate radio, television, online or any other form of digital
or electronic equipment, press or other means of communication.

(3) No means of communication including the press, electronic
broadcasting and telephone shall be interrupted except in accordance with law.
20. Rights relating to justice:

(1) No person shall be detained in custody without
informing him or her of the ground for his or her arrest.

(2) Any person who is arrested shall have the right to consult a legal
practitioner of his or her choice from the time of such arrest and to be defended by
such legal practitioner. Any consultation made by such person with, and advice
given by, his or her legal practitioner shall be confidential.
Provided this clause shall not apply to a citizen of an enemy state.
Explanation: For the purpose of this clause, “legal practitioner” means any
person who is authorized by law to represent any person in any court.

(3) Any person who is arrested shall be produced before the
adjudicating authority within a period of twenty-four hours of such arrest,
excluding the time necessary for the journey from the place of arrest to such
authority; and any such person shall not be detained in custody except on the order
of such authority.
Provided that this clause shall not apply to a person held in preventive
detention and to a citizen of an enemy state.

(4) No person shall be liable for punishment for an act which was not
punishable by the law in force 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) Every person charged with an offence shall be presumed innocent
until proved guilty of the offence.

(6) No person shall be tried and punished for the same offence in a court
more than once.

(7) No person charged with an offence shall be compelled to testify
against himself or herself.

(8) Every person shall have the right to be informed of any proceedings
taken against him or her.

(9) Every person shall have the right to a fair trial by an independent,
impartial and competent court or judicial body.

(10) Any indigent party shall have the right to free legal aid in
accordance with law.

21. Right of victim of crime:

(1) A victim of crime shall have the right to get
information about the investigation and proceedings of a case in which he or she is
the victim.

(2) A victim of crime shall have the right to justice including social
rehabilitation and compensation in accordance with law.
22. Right against torture:

(1) No person who is arrested or detained shall be subjected
to physical or mental torture or to cruel, inhuman or degrading treatment.

(2) Any act mentioned in clause (1) shall be punishable by law, and any
person who is the victim of such treatment shall have the right to obtain
compensation in accordance with law.

23. Right against preventive detention:

(1) No person shall be held under preventive
detention unless there is a sufficient ground of the existence of an immediate threat
to the sovereignty, territorial integrity or public peace and order of Nepal.

(2) Information about the situation of a person who is held under
preventive detention pursuant to clause (1) must be given immediately to his or
her family members or relatives.

Provided that this clause shall not apply to a citizen of an enemy state.
(3) If the authority making preventive detention holds any person under
preventive detention contrary to law or in bad faith, the person held under
preventive detention shall have the right to obtain compensation in accordance
with law.

24. Right against untouchability and discrimination: (1) No person shall be
subjected to any form of untouchability or discrimination in any private and public
places on grounds of his or her origin, caste, tribe, community, profession,
occupation or physical condition.

(2) In producing or distributing any goods, services or facilities, no
person belonging to any particular caste or tribe shall be prevented from
purchasing or acquiring such goods, services or facilities nor shall such goods,
services or facilities be sold, distributed or provided only to the persons belonging
to any particular caste or tribe.

(3) No act purporting to demonstrate any person or community as
superior or inferior on grounds of origin, caste, tribe or physical condition or
justifying social discrimination on grounds of caste, tribe or untouchability or
propagating ideology based on untouchability and caste based superiority or hatred
or encouraging caste-based discrimination in any manner whatsoever shall be
allowed.

(4) No discrimination in any form shall be allowed at a workplace with
or without making untouchability on the ground of caste.

(5) Any act of untouchability and discrimination in any for committed in
contravention of this Article shall be punishable by law as a severe social offence,
and the victim of such act shall have the right to obtain compensation in
accordance with law.

25. Right relating to property:

(1) Every citizen shall, subject to law, have the right
to acquire, own, sell, dispose, acquire business profits from, and otherwise deal
with, property.
Provided that the State may levy tax on property of a person, and tax on
income of a person in accordance with the concept of progressive taxation.
Explanation: For the purposes of this Article, “property” means any form of
property including movable and immovable property, and includes an intellectual
property right.

(2) The State shall not, except for public interest, requisition, acquire, or
otherwise create any encumbrance on, property of a person.
Provided that this clause shall not apply to any property acquired by any
person illicitly.

(3) The basis of compensation to be provided and procedures to be
followed in the requisition by the State of property of any person for public
interest in accordance with clause (2) shall be as provided for in the Act.
(4) The provisions of clauses (2) and (3) shall not prevent the State from
making land reforms, management and regulation in accordance with lawfor the
purposes of enhancement of product and productivity of lands, modernization and
commercialization of agriculture, environment protection and planned housing and
urban development.
(5) Nothing shall prevent the State from using the property of any
person, which it has requisitioned for public interest in accordance with clause (3),
for any other public interest instead of such public interest.
26. Right to freedom of religion: (1) Every person who has faith in religion shall
have the freedom to profess, practice and protect his or her religion according to
his or her conviction.
(2) Every religious denomination shall have the right to operate and protect its religious sites and religious Guthi (trusts).

Provided that nothing shall be deemed to prevent the regulation, by making
law, of the operation and protection of religious sites and religious trusts and
management of trust properties and lands.

(3) No person shall, in the exercise of the right conferred by this Article,
do, or cause to be done, any act which may be contrary to public health, decency
and morality or breach public peace, or convert another person from one religion
to another or any act or conduct that may jeopardize other’s religion and such act
shall be punishable by law.

27. Right to information: Every citizen shall have the right to demand and receive
information on any matter of his or her interest or of public interest.
Provided that no one shall be compelled to provide information on any
matter of which confidentiality must be maintained in accordance with law.
28. Right to privacy: The privacy of any person, his or her residence, property,
document, data, correspondence and matters relating to his or her character shall,
except in accordance with law, be inviolable.

29. Right against exploitation:

(1) Every person shall have the right against
exploitation.

(2) No person shall be exploited in any manner on the grounds of
religion, custom, tradition, usage, practice or on any other grounds.

(3) No one shall be subjected to trafficking nor shall one be held in
slavery or servitude.

(4) No one shall be forced to work against his or her will.
Provided that nothing shall be deemed to prevent the making of law
empowering the State to require citizens to perform compulsory service for public
purposes.

(5) Act contrary to clauses (3) and (4) shall be punishable by law and
the victim shall have the right to obtain compensation from the perpetrator in
accordance with law.

30. Right to clean environment: (1) Every citizen shall have the right to live in a
clean and healthy environment.

(2) The victim shall have the right to obtain compensation, in
accordance with law, for any injury caused from environmental pollution or
degradation.

(3) This Article shall not be deemed to prevent the making of necessary
legal provisions for a proper balance between the environment and development,
in development works of the nation.

31. Right relating to education:

(1) Every citizen shall have the right of access to
basic education.

(2) Every citizen shall have the right to get compulsory and free
education up to the basic level and free education up to the secondary level from
the State.

(3) The citizens with disabilities and the economically indigent citizens
shall have the right to get free higher education in accordance with law.

(4) The visually impaired citizens shall have the right to get free
education through brail script and the citizens with hearing or speaking
impairment, to get free education through sign language, in accordance with law.

(5) Every Nepalese community residing in Nepal shall have the right to
get education in its mother tongue and, for that purpose, to open and operate
schools and educational institutes, in accordance with law.
32. Right to language and culture:

(1) Every person and community shall have the
right to use their languages.

(2) Every person and community shall have the right to participate in the
cultural life of their communities.

(3) Every Nepalese community residing in Nepal shall have the right to
preserve and promote its language, script, culture, cultural civilization and
heritage.

33. Right to employment:

(1) Every citizen shall have the right to employment. The
terms and conditions of employment, and unemployment benefit shall be as
provided for in the Federal law.

(2) Every citizen shall have the right to choose employment.
34. Right to labour:

(1) Every labourer shall have the right to practice appropriate
labour.

Explanation: For the purposes of this Article, “labourer” means a labourer or
worker who does physical or mental work for an employer in consideration for
remuneration.

(2) Every labourer shall have the right to appropriate remuneration,
facilities and contributory social security.

(3) Every labourer shall have the right to form and join trade unions and
to engage in collective bargaining, in accordance with law.

35. Right relating to health:

(1) Every citizen shall have the right to free basic health
services from the State, and no one shall be deprived of emergency health services.

(2) Every person shall have the right to get information about his or her
medical treatment.

(3) Every citizen shall have equal access to health services.

(4) Every citizen shall have the right of access to clean drinking water
and sanitation.

36. Right relating to food:

(1) Every citizen shall have the right relating to food.

(2) Every citizen shall have the right to be safe from the state of being in
danger of life from the scarcity of food.

(3) Every citizen shall have the right to food sovereignty in accordance
with law.

37. Right to housing:

(1) Every citizen shall have the right to an appropriate housing.
(2) No citizen shall be evicted from the residence owned by him or her
nor shall his or her residence be infringed except in accordance with law.
38. Rights of women:

(1) Every woman shall have equal lineage right without gender
based discrimination.

(2) Every woman shall have the right to safe motherhood and
reproductive health.

(3) No woman shall be subjected to physical, mental, sexual,
psychological or other form of violence or exploitation on grounds of religion,
social, cultural tradition, practice or on any other grounds. Such act shall be
punishable by law, and the victim shall have the right to obtain compensation in
accordance with law.

(4) Women shall have the right to participate in all bodies of the State on
the basis of the principle of proportional inclusion.

(5) Women shall have the right to obtain special opportunity in
education, health, employment and social security, on the basis of positive
discrimination.

(6) The spouse shall have the equal right to property and family affairs.
39. Rights of the child:

(1) Every child shall have the right to name and birth
registration along with his or her identity.

(2) Every child shall have the right to education, health, maintenance,
proper care, sports, entertainment and overall personality development from the
families and the State.

(3) Every child shall have the right to elementary child development and
child participation.

(4) No child shall be employed to work in any factory, mine or engaged
in similar other hazardous work.

(5) No child shall be subjected to child marriage, transported illegally,
abducted/kidnapped or taken in hostage.

(6) No child shall be recruited or used in army, police or any armed
group, or be subjected, in the name of cultural or religious traditions, to abuse,
exclusion or physical, mental, sexual or other form of exploitation or improper use
by any means or in any manner.

(7) No child shall be subjected to physical, mental or any other form of
torture in home, school or other place and situation whatsoever.

(8) Every child shall have the right to juvenile friendly justice.

(9) The child who is helpless, orphan, with disabilities, conflict victim,
displaced or vulnerable shall have the right to special protection and facilities from
the State.

(10) Any act contrary to in clauses (4), (5), (6) and (7) shall be punishable
by law, and a child who is the victim of such act shall have the right to obtain
compensation from the perpetrator, in accordance with law.

40. Rights of Dalit:

(1) The Dalit shall have the right to participate in all bodies of the
State on the basis of the principle of proportional inclusion. Special provision shall
be made by law for the empowerment, representation and participation of the Dalit
community in public services as well as other sectors of employment.

(2) Provision of free education with scholarship, from primary to higher
education, shall be made by law for the Dalit students. Special provision shall be
made by law for the Dalit in technical and vocational education.

(3) Special provision shall be made by law in order to provide health
and social security to the Dalit community.

(4) The Dalit community shall have the right to use, protect and develop
their traditional occupation, knowledge, skill and technology. The State shall
accord priority to the Dalit community in modern business related with their
traditional occupation and provide skills and resources required therefore.

(5) The State shall once provide land to the landless Dalit in accordance
with law.

(6) The State shall, in accordance with law, arrange settlement for the
Dalit who do not have housing.

(7) The facilities conferred by this Article to the Dalit community must
be distributed in a just manner so that the Dalit women, men and Dalit in all
communities can obtain such facilities proportionately.

41. Rights of senior citizens: The senior citizens shall have the right to special
protection and social security from the State.

42. Right to social justice:(1) The socially backward women, Dalit, indigenous
people, indigenous nationalities, Madhesi, Tharu, minorities, persons with
disabilities, marginalized communities, Muslims, backward classes, gender and
sexual minorities, youths, farmers, labourers, oppressed or citizens of backward
regions and indigent Khas Aryashall have the right to participate in the State
bodies on the basis of inclusive principle.

(2) The indigent citizens and citizens of the communities on the verge of
extinction shall have the right to get special opportunities and benefits in
education, health, housing, employment, food and social security for their
protection, upliftment, empowerment and development.

(3) The citizens with disabilities shall have the right to live with dignity
and honour, with the identity of their diversity, and have equal access to public
services and facilities.

(4) Every farmer shall have the right to have access to lands for agro
activities, select and protect local seeds and agro species which have been used
and pursued traditionally, in accordance with law.

(5) The families of the martyrs who have sacrificed their life, persons
who were forced to disappear, and those who became disabled and injured in all
people’s movements, armed conflicts and revolutions that have been carried out for
progressive democratic changes in Nepal, democracy fighters, conflict victims and
displaced ones, persons with disabilities, the injured and victims shall have the
right to get a prioritized opportunity, with justice and due respect, in education,
health, employment, housing and social security, in accordance with law.

43. Right to social security: The indigent citizens, incapacitated and helpless citizens,
helpless single women, citizens with disabilities, children, citizens who cannot
take care themselves and citizens belonging to the tribes on the verge of extinction
shall have the right to social security, in accordance with law.
44. Rights of the consumer: (1) Every consumer shall have the right to obtain quality
goods and services.
(2) A person who has suffered injury from any substandard goods or
services shall have the right to obtain compensation in accordance with law.
45. Right against exile: No citizen shall be exiled.

46. Right to constitutional remedies: There shall be a right to obtain constitutional
remedies in the manner set forth in Article 133 or 144 for the enforcement of the
rights conferred by this Part.

47. Implementation of fundamental rights: The State shall, as required, make legal provisions for the implementation of the rights conferred by this Part, within three
years of the commencement of this Constitution.

48. Duties of citizens:

Every citizen shall have the following duties:
(a) to safeguard the nationality, sovereignty and integrity of Nepal, while
being loyal to the nation,
(b) to abide by the Constitution and law,
(c) to render compulsory service as and when the State so requires,
(d) to protect and preserve public property.