Nepal 2006 Constitution (reviewed 2012)

Part 3. Fundamental Rights

12. Right to freedom

1. Every person shall have the right to live with a dignity, and no law shall be made which provides for the death penalty.
2. No person shall be deprived of his or her personal liberty save in accordance with law.
3. Every citizen shall have the following freedoms:
   1. Freedom of opinion and expression;
   2. Freedom to assemble peaceably and without arms;
   3. Freedom to form political parties;
   4. Freedom to form unions and associations;
   5. Freedom to move and reside in any part of Nepal; and
   6. Freedom to practice any profession, carry on any occupation, industry and 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, religions 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 public decency 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 public peace and order 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, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religions or communities, or which may incite violent activities, 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, religions or communities.
   5. Nothing in Sub-clause (f) shall be deemed to prevent the making of laws to impose restrictions on any act which may be contrary to public health or morality of the general public, to confer on the State the exclusive right to undertake any specific industry, business or service, or to prescribe any condition or qualification for carrying on any industry, trade, profession or employment.

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, color, sex, caste, tribe, origin, language or ideological conviction or any of these.
3. The State shall not discriminate against citizens 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 women, Dalits, indigenous peoples (Adibasi, Janajati), Madhesi or farmers, workers, economically, socially or culturally backward classes or children, the aged and the disabled or those who are physically or mentally incapacitated.
4. No discrimination in regard to remuneration social security shall be made between men and women for the same work.

14. Right against untouchability and racial discrimination

1. No person shall be discriminated against as untouchable and subjected to racial discrimination in any form, on grounds of caste, race, community or occupation. Such discriminatory treatment shall be punishable, and the victim shall be entitled to such compensation as determined by law.
2. No person shall, on grounds of caste or race, be deprived of the use of services, facilities or utilities available to the public or of the access to any public place or public religious sites or of the performance of any religious function.
3. In producing or distributing any goods, serves or facilities, no person belonging to any particular caste or tribe shall be prevented from purchasing or acquiring such goods, services facilities nor shall such goods, services facilities or facilities be sold or distributed only to the persons belonging to any particular caste or tribe.
4. No such act as to purport to demonstrate any superiority or inferiority of the person or persons belonging to any caste, tribe or origin or to justify social discrimination on the ground of caste or race or to publicize ideology based on racial superiority or hatred or to encourage caste discrimination in any manner shall be allowed.
5. Any act contrary to clauses (2), (3) and (4) shall be punishable by law.

15. Right relating to publication, broadcasting and press

1. No publication, broadcasting or printing of any news item, editorial, feature, article or other reading 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 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 or communities, or on any act of treason, defamation, contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality.
2. No radio, television, on-line or other form of digital or electronic equipment, press or other means of communication publishing and broadcasting or printing any material shall be closed nor shall registration thereof be canceled by the reason of the publication, broadcasting or printing of such material through any audio, audio-visual or electronic equipment.
3. No newspaper, periodical or press shall be closed or seized nor shall the registration thereof be canceled for printing or publishing any news item, editorial, article or other reading material.
4. No means of communication including the press, electronic broadcasting and telephone shall be interrupted except in accordance with law.

16. Right relating to environment and health

1. Every person shall have the right to live in a healthy environment.
2. Every citizen shall have the right to basic health services free of cost from the State, as provided in law.

17. Right relating to education and culture

1. Every community shall have the right to get basic education in its own mother tongue, as provided in law.
2. Every citizen shall have the right to get free education up to the secondary level from the State, as provided in law.
3. Every community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civilization and heritage.

18. Right relating to employment and social security

1. Every citizen shall have the right to employment, as provided in law.
2. The women, labor, aged, disabled, incapacitated and helpless citizens shall have the right to social security, as provided in law.
3. Every citizen shall have the right to food sovereignty, as provided in law.

19. Right to property

1. Every citizen shall, subject to the laws in force, have the right to acquire, own, sell, dispose of, and otherwise deal with, property.
2. The State shall not, except in the public interest, requisition or acquire, or otherwise create any encumbrance on, the property of any person.Provided that this Clause shall not apply to any property acquired in an illicit manner.
3. Compensation shall be provided for any property requisitioned, acquired or encumbered by the State in the course of enforcing a scientific land reform program or in the public interest, in accordance with law. The amount and basis of compensation and the procedure therefor shall be as determined by law.

20. Rights of women

1. No discrimination of any kind shall be made against the women by virtue of sex.
2. Every woman shall have the right to reproductive health and reproduction.
3. No woman shall be subjected to physical, mental or any other kind of violence; and such act shall be punishable by law.
4. Sons and daughters shall have the equal right to ancestral property.

21. Right to social justice

The economically, socially or educationally backward women, Dalits, indigenous peoples, Madhesi communities, oppressed classes, poor farmers and labors shall have the right to take part in the structures of the State on the basis of the principle of ‘proportional inclusion.

22. Rights of the child

1. Every child shall have the right to his or her identity and name.
2. Every child shall have the right to nurture, basic health and social security.
3. Every child shall have the right against physical, mental or any other form of exploitation. Such exploitative act shall be punishable by law; and any child so treated shall be given such compensation as may be determined by law.
4. The helpless, orphan, mentally retarded, conflict victim, displaced, vulnerable and street children shall have the right to get special facilities from the State for their well-ascertained future.
5. No minor shall be employed to work in any factory, mine or engaged in any similar other hazardous work or used in army, police or conflict.

23. Right to religion

1. Every person shall have the right to profess, practice and protect his or her own religion as handed down to him or her from ancient times, having due regard to the existing social and cultural practices.Provided that no person shall be entitled to convert another person from one religion to another; and that no act or action shall be done in such a manner as to jeopardize the religion of each other.
2. Every religious denomination shall have the right to maintain its independent existence, and, for this purpose, to operate and protect its religious sites and religious trusts, in accordance with law.

24. Right relating to justice

1. No person who is arrested shall be detained in custody without informing him or her of the reasons for such arrest.
2. Every person who is arrested shall have the right to consult a legal practitioner of his or her choice at the time of such arrest. Any consultation made by such person with his or her legal practitioner and advice given by such practitioner shall be secret; and such person shall not be deprived of the right to be defended by his or her legal practitioner.Explanation: For the purpose of this Clause, the expression “legal practitioner” shall mean any person who is authorized by law to represent any person in any court.
3. Every person who is arrested shall be produced before the case trying 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 nothing in Clauses (2) and (3) shall apply to preventive detention and 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. Every person charged with an Offense shall be presumed innocent until proved guilty of the offense.
6. No person shall be prosecuted or punished for the same offense in a court more than once.
7. No person charged with an offense shall be compelled to testify against him/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 a competent court or judicial body.
10. Any incapable party shall have the right to free legal aid, as provided in law.

25. 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, integrity or law and order situation of the State of Nepal.
2. Any person held under preventive detention shall, if he or she has been held under such detention by the authority making preventive detention contrary to law or in bad faith, have the right to such compensation as may be 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 or to cruel, inhuman or degrading treatment.
2. Any act referred to in Clause (1) shall be punishable by law, and any person so treated shall be provided with such compensation as may be determined by law.

27. Right to information

Every citizen shall have the right to demand or receive information on any matter of his or her interest or of public interest.

Provided that nothing shall be deemed to compel any person to provide information on any matter of which secrecy is to be maintained by law.

28. Right to privacy

Except as provided by law, the privacy of any person, his or her home, property, document, data, correspondence or matters relating to his or her character shall be inviolable.

29. Right against exploitation

1. Every person shall have the right against exploitation.
2. No one shall be exploited in the name of any custom, tradition and usage or in any manner whatsoever.
3. No one shall be trafficked in nor shall one be held in slavery or in servitude.
4. No one shall be required to perform forced labor.Provided that nothing in this clause shall be deemed to prevent the making of law which require citizens to perform compulsory service for public purposes.

30. Right relating to labour

1. Every worker and employee shall have the right to appropriate labor exercise.
2. Every worker and employee shall have the right to form and join trade unions and to engage in collective bargaining for the protection of their respective interests, as provided in law.

31. Right against exile

No citizen shall be exiled.

32. Right to constitutional remedies

The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred by this Part is guaranteed.