Nepal 2015 Constitution (reviewed 2016)

PART 3. Fundamental Rights and Duties

16. Right to live with dignity

1. Each person shall have the right to live with dignity.
2. No law shall be made for capital punishment.

17. Right to Freedom

1. Except as provided for by law no person shall be deprived of her/his personal liberty.
2. Every citizen shall have the following freedoms:
   1. freedom of opinion and expression,
   2. freedom to assemble peacefully and without arms,
   3. freedom to form political party,
   4. freedom to form unions and associations,
   5. freedom to move and reside in any part of Nepal; and
   6. freedom to engage in any occupation or be engaged in employment, establish and operate industry, trade and business in any part of Nepal.

   Provided that,

   1. Nothing in section (a) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, independence and indivisibility of Nepal, or federal units, or jeopardizes the harmonious relations subsisting among the people of various caste, ethnicity, religion, or communities, or incites racial discrimination, or untouchability, or disrespects labor, or any act of defamation, or contempt of court, or an incitement of offence, or is contrary to decent public behavior or morality.
   2. Nothing in section (b) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, independence and indivisibility of Nepal, or jeopardize the harmonious relations between federal units, or public law and order situation.
   3. Nothing in section (c) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, indivisibility of Nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize Nepal’s security, or an act of treason, or an act that undermines the harmonious relations subsisting between federal units, or instigates communal animosity, or jeopardizes the harmonious relations subsisting among different caste, ethnicity, religious groups and communities, or an act of acquiring or depriving the membership of a political party only on the grounds of caste, language, religion, community or gender, or the formation of a political party that creates discrimination against citizens, or an act that incites violence, or is contrary to decent public behavior .
   4. Nothing in section (d) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, indivisibility of Nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize Nepal’s security, or an act of treason, or an act that undermines the harmonious relations subsisting between federal units, or instigates communal animosity, or jeopardizes the harmonious relations subsisting among different caste groups, ethnicity, religious groups and communities, or an incitement of violence, or an act which is contrary to public morality.
   5. Nothing in section (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 the good relations between federal units, or the harmonious relations subsisting among various caste groups, ethnicity, religious groups or communities, or an act of committing crime or violence, or inciting such acts.
   6. Nothing in section (f) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the good relations between federal units, or restricting an act which may have negative impact on public health, decent behavior and morality, or the particular industries, trade, business or services which only the state may engage in, or setting conditions or eligibility to engage in industries, trade, business, livelihoods or occupation.

18. Right to equality

1. All citizens shall be equal before law. No person shall be denied the equal protection of law.
2. There shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonial status, pregnancy, economic condition, language or geographical region, or ideology or any other such grounds.
3. The state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters.Provided that nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the Khas Arya.

   Explanation: With reference to this Part and Part 4, “financially deprived” means the person having the income less than prescribed in the Federal law.

4. There shall not be any gender discriminations regarding remuneration for the same work and social security.
5. There shall be no gender discrimination regarding the right to parental property with regard to all family members.

19. Right to communication

1. There shall be no prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article, feature, or other reading material, or the use of audio-visual material by any medium, including electronic publication, broadcasting and printing.Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restriction on any act which may undermine the nationality, sovereignty, and indivisibility of Nepal, or the good relations between federal units, or jeopardizes the harmonious relations subsisting among different caste groups and tribes, or communities, or an act of treason, or defamation of social dignity of individuals through the publication and dissemination of false material, or contempt of court, or material that incites criminal offence, or an act that is contrary to decent public behavior and morality, or disrespects labor, or incites untouchability or gender discriminations.
2. If there is any broadcasting, publishing or printing, or dissemination of news, article, editorial, feature, or other material through the medium of electronic equipment or the use of visuals or audio-visuals, no radio, television, online publication or any kind of digital or electronic equipment, or press, or other kind of media outlet, shall be closed, seized, or their registration cancelled for publishing, or transmitting, or broadcasting such material.Provided that nothing in this clause shall be deemed to prevent the making of Acts to regulate radio, television, online or the use of any other kind of digital or electronic equipment, printing press or other medium of communication.
3. No means of communication including the press, electronic broadcasting and telephone shall be obstructed except in accordance with law.

20. Right to Justice

1. No person shall be detained without being informed of the ground for such an arrest.
2. The person who is arrested shall have the right to consult a legal practitioner of her/his choice and be defended from the time of arrest. The consultations held with the legal practitioner and the advice given thereon shall remain confidential.Provided that this clause shall not apply to a citizen of an enemy state.

   Explanation: For the use of this clause “legal practitioner” shall mean a person who has the legal right to represent any person in any court or office.

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 time and place of arrest to such authority, and the arrested person shall not be detained in custody beyond the said period except on the order of such authority.Provided that this clause shall not apply to a person in 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, and no person shall be subjected to a punishment greater than that prescribed by law at the time of the offence.
5. No person accused of any offence shall be assumed to be an offender until proven guilty.
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 herself/himself.
8. Every person undergoing trial shall have the right to be informed about the proceedings of the trial.
9. Every person shall be entitled to a fair hearing from an impartial, independent and competent court or judicial authority.
10. An indigent person shall have the right to free legal aid as provided for by law.

21. Right of victim of crime

1. The victim of crime shall have the right to be informed about the investigation and proceedings of the case regarding his/her victimization.
2. The victim of crime shall have the right to social rehabilitation and justice with compensation as provided for by law.

22. Right against torture

1. No person in detention shall be subjected to physical or mental torture, or be treated in a cruel, inhuman or degrading manner.
2. Any such act pursuant to clause (1) shall be punishable by law and a victim of such an act shall have the right to compensation as provided for by law.

23. Right against preventive detention

1. No person shall be held under preventive detention unless there is sufficient ground to believe that there exits an immediate threat to the sovereignty and territorial integrity of Nepal or public peace and order.
2. Family member or close relative of the person in preventive detention pursuant to clause (1) shall have to be immediately informed about his/her condition as provided for by law.Provided that this clause shall not be applicable to a citizen of an enemy state.
3. If an official is found to have held any person under preventive detention against the law and with malicious intention, such person shall be entitled for compensation as per the law.

24. Right against untouchability and discrimination

1. No person shall be treated with any kind of untouchability or discrimination in any private or public place on grounds of caste, ethnicity, origin, community, occupation, or physical condition.
2. No person belonging to a particular caste or ethnicity shall be prevented from buying an object or getting services or facilities in the process of production of such objects or in the distribution or delivery of services, or no such objects shall be sold to, or facilities or services distributed or delivered to persons belonging to a particular caste or ethnicity only.
3. Racial discriminations shall not be encouraged in any way, or there shall not be any behavioral attitude to exhibit high or low status on grounds of a particular caste, ethnicity or community, or physical condition of a person, or there shall not be any behavioral attitude that justifies social discrimination based on caste, ethnicity, or untouchability, or encouragement for the propagation of attitudes based on caste superiority and untouchability, or hatred.
4. There shall not be any racial discrimination in the workplace by indulging or not indulging in untouchability.
5. All forms of untouchability or discrimination contrary to this provision shall be punishable by law as a serious social crime, and the victim of such an act shall have the right to compensation as provided for by law.

25. Right to property

1. Every citizen shall, subject to laws, have the right to acquire, enjoy own, sell, have professional gains, and otherwise utilize, or dispose of property.Explanation: For the purpose of this Article, “property” means all type of movable and immovable property and the word also includes intellectual property.

   Provided that the state may impose tax on property and income of a person according to the norms of progressive tax.

2. The State shall not, except in the public interest, acquire, requisition, or create any encumbrance on the property of any person.Provided that this clause shall not be applicable to property acquired through illegal means.
3. In the case when the land of a person is acquisitioned by the State according to clause (2), the basis of compensation and the relevant procedure shall be as prescribed by Act.
4. The provisions of clauses (2) and (3) shall not obstruct the state in carrying out land reforms, management and regulation by law in order to increase the production and productivity of land, modernize the agriculture and make it professional, environment protection and managed housing and urban development.
5. In case the state has acquired property of any person for public interest pursuant to clause (3), there shall be no hindrance to use such property for any other public interest, other than the public interest for which it has been acquired.

26. Right to religious freedom

1. Each person shall be free to profess, practice, and preserve his/her religion according to his/her faith.
2. Every religious denomination shall, maintaining its independent existence, have the right to manage and protect its religious places and religious trusts in accordance with law.Provided that it shall not be deemed to have hindered to make law to operate and protect a religious place or religious trust and to manage trust property and regulate land management.
3. While exercising the right as provided for by this Article, no person shall act or make others act in a manner which is contrary to public health, decency and morality, or behave or act or make others act to disturb public law and order situation, or convert a person of one religion to another religion, or disturb the religion of other people. Such an act shall be punishable by law.

27. Right to information

Every citizen shall have the right to seek information on any matters of concern to her/him or the public.

Provided that nothing shall be deemed to compel any person to provide information about which confidentiality is to be maintained according to law.

28. Right to privacy

Except in circumstances provided by law, privacy in relation to the person, and their residence, property, documents, records, statistics and correspondence, and their reputation are inviolable.

29. Right against exploitation

1. Every person shall have the right against exploitation.
2. No person shall be subjected to any kind of exploitation on the basis of religion, custom, tradition, culture, practices or any other bases.
3. No person shall be subjected to human trafficking or bonded labor, and such an act shall be punishable by law.
4. No person shall be subjected to forced labor.Provided that nothing in this clause shall prevent the enactment of a law requiring citizens to be engaged in compulsory service for public purposes.
5. Any act contrary to clause (3) and (4) shall be punishable by law and the victim of such an act shall have the right to compensation from the perpetrator.

30. Right regarding clean environment

1. Each person shall have the right to live in a healthy and clean environment.
2. The victim of environmental pollution and degradation shall have the right to be compensated by the pollutant as provided for by law.
3. Provided that this Article shall not be deemed to obstruct the making of required legal provisions to strike a balance between environment and development for the use of national development works.

31. Right to education

1. Every citizen shall have the right to access to basic education.
2. Every citizen shall have the right to compulsory and free basic education, and free education up to the secondary level.
3. The physically impaired and citizens who are financially poor shall have the right to free higher education as provided for in law.
4. The visually impaired person shall have the right to free education with the medium of brail script.
5. Every Nepali community living in Nepal shall have the right to acquire education in its mother tongue up to the secondary level, and the right to open and run schools and educational institutions as provided for by law.

32. Right to language and culture

1. Each person and community shall have the right to use their language.
2. Every person and community shall have the right to participate in the cultural life of its community.
3. Each community living 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. Terms and conditions of employment and unemployment benefits shall be as determined by Federal law.
2. Every citizen shall have the right to select employment.

34. Right regarding labor

1. Every laborer shall have the right to proper work practices.Explanation: For the purpose of this Article, “laborer” means a worker or laborer who offers physical or mental work for an employer for remuneration.
2. Every laborer shall have the right to appropriate remuneration, facilities and contribution-based social security.
3. Every laborer shall have the right to form trade union, participate in it, and organize collective bargaining.

35. Right to health care

1. Every citizen shall have the right to seek basic health care services from the state and no citizen shall be deprived of emergency health care.
2. Each person shall have the right to be informed about his/her health condition with regard to health care services.
3. Each person shall have equal access to health care.
4. Each citizen shall have the right to access to clean water and hygiene.

36. Right to food

1. Each citizen shall have the right to food.
2. Every citizen shall have the right to be protected from a state of starvation, resulting from lack of food stuffs.
3. Every citizen shall have the right to food sovereignty as provided for in law.

37. Right to housing

1. Each citizen shall have the right to appropriate housing.
2. No citizen shall be evicted from the housing owned by him/her, or encroached on the housing, except in accordance with law.

38. Right of women

1. Every woman shall have equal right to lineage without any gender discriminations.
2. Every woman shall have the right relating to safe motherhood and reproductive health.
3. There shall not be any physical, mental, sexual or psychological or any other kind of violence against women, or any kind of oppression based on religious, social and cultural tradition, and other practices. Such an act shall be punishable by law and the victim shall have the right to be compensation as provided for in law.
4. Women shall have the right to access participate in all state structures and bodies on the basis of the principle of proportional inclusion.
5. Women shall have the right to special opportunity in the spheres of education, health, employment and social security on the basis of positive discrimination.
6. Both the spouses shall have equal rights in property and family affairs

39. Right of children

1. Each child shall have the right to his/her identity with the family name, and birth registration.
2. Every child shall have the right to education, health care nurturing, appropriate upbringing, sports, recreation and overall personality development from family and the State.
3. Every child shall have the right to formative child development, and child participation.
4. No child shall be employed in factories, mines, or in any other hazardous works.
5. No child shall be subjected to child marriage, illegal trafficking, kidnapping, or being held hostage.
6. No child shall be subjected to recruitment or any kind of use in the army, police or armed groups, neglected, or used immorally, or abused physically, mentally, or sexually, or exploited through any other means, in the name of religious or cultural practices.
7. No child shall be subjected to physical, mental, or any other forms of torture at home, in school, or in any other places or situations.
8. Every child shall have the right to child friendly justice.
9. Children who are helpless, orphaned, physically impaired, victims of conflict and vulnerable, shall have the right to special protection and facilities from the State.
10. Any act contrary to Clause (4), (5), (6) and (7) shall be punishable by law, and children who have suffered from such an act shall have the right to be compensated by the perpetrator as provided for in law.

40. Right of Dalits

1. Dalit shall have the right to participate in all agencies of the state based on the principle of proportional inclusion. There shall be special legal provision of empowerment, representation, and participation of Dalit community for employment in other area also including the public service.
2. Provisions of free education with scholarships shall be made for Dalit students from the primary to higher level of education as provided for in law. Special provision shall be made in law for Dalits to pursue higher education in technical and professional subjects.
3. In order to provide health care and social security to Dalit community, special arrangements shall be made in accordance with law.
4. Dalit community shall have the right to use, preserve and develop their traditional occupation, knowledge, skill and technology. The State shall give priority to modern profession of Dalits in relation to their traditional occupation, by providing them with necessary skill and resources.
5. The State shall, according to law, provide land to landless Dalits for one time.
6. The State shall, according to law, make housing arrangements for Dalits who do not have housing of their own.
7. The facilities provided to the Dalit community according to this Article, shall have to be justly distributed to Dalit women and men and all the Dalit communities living in different parts of the country, ensuring that all Dalits receive the facilities proportionally.

41. Right of senior citizens

Senior citizens shall have the right to special protection and social security from the State.

42. Right to social justice

1. The economically, socially or educationally backward women, Dalit, indigenous nationalities, Madhesi, Tharu, Muslims, backward classes, minorities, marginalized communities, persons with disabilities, gender and sexual minorities, farmers, labourers, oppressed or citizens of backward regions and indigent Khas Arya shall have the right to participate in the State bodies on the basis of principle of proportional inclusion.
2. Citizens who are economically very poor and communities on the verge of extinction, shall have the right to special opportunity and facilities in the areas of education, health, housing, employment, food and social security, for their protection, progress, empowerment and development.
3. People with physical impairment shall have the right to a dignified way of life and equal access to social services and facilities, along with their diversity identity.
4. Each peasant shall have the right to access to land as provided for in law for agricultural purposes, along with the right to choose and preserve traditionally adopted and used endemic seeds and agricultural species.
5. The families of martyrs who sacrificed their lives in the people’s movements, armed conflicts and revolutions for a democratic progressive change in Nepal, the families of those who were disappeared, persons who fought for democracy, victims of conflict and the displaced, persons who were physically maimed, the wounded and the victims, shall have the right with priority, as provided for by law, to education, health, employment, housing and social security, with justice and appropriate respect.

43. Right to social security

Economically poor, physically incapacitated and helpless person, helpless single women, persons with physical impairment, children, persons who cannot look after themselves and the citizens who belong to communities that are on the verge of extinction, shall have the right to social security as provided for by law.

44. Right of consumers

1. Each consumer shall have the right to quality foodstuffs and services.
2. A person who has suffered from sub-standard object or service shall have the right to be compensated as provided for by law.

45. Right against exile

No citizen shall be exiled.

46. Right to constitutional remedy

There shall be right to constitutional remedy pursuant to the Articles 133 or 144 in course of implementation of rights granted in this part.

47. Implementation of fundamental rights

For the enforcement of the rights conferred in this Part, the State shall make legal provisions, as required, within three years of the commencement of this constitution.

48. Duties of citizens

Each person shall the following duties:

1. Protect nationality, sovereignty and integrity of Nepal by pledging allegiance to the nation,
2. Abide by the constitution and law,
3. Compulsorily enlist when the state needs the service.
4. To protect and conserve public property.