Fundamental Rights of Nepal 

Rights mean the legal, social or ethical principles of freedom or entitlement . They are the rules about what is allowed to people or owed to people according to some legal system. Social rules or ethical theory. All the democratic countries provide a wide range of rights to people. Such rights enable people to enjoy freedom, protection, respect and chances to develop their personality. Rights are often considered as pillars of society and culture. All the rights enshrined by the constitution are known as fundamental rights.

The fundamental rights are the basic rights to be acquired by an individual to live with dignity, respect and as a citizen of the nation. As the fundamental rights are guaranteed by the constitution, they are effective only within the country. The provision of fundamental rights may vary according to the constitutional system. The universal political, economic, social declarations and cultural commitments have been transformed into the fundamental rights.

Characteristics of Fundamental rights

• Fundamental rights are the rights to be acquired by citizens/individual.
• There is no hierarchy of fundamental rights.
• Fundamental rights are guaranteed by the constitution.
• Provision of punishment by the court is made in case of the violation of fundamental rights.
• Supreme Court is considered the protector of the fundamental rights.
• Most of the fundamental rights may be suspended if the state of emergency is declared.

The Constitution of Nepal has made the provision of Fundamental Rights in Part-3 , Article 16 to 46.

Right to Live with Dignity (Article 16):  Each person shall have the right to live with dignity. No law shall be made for capital punishment.

Right to freedom (Article 17) :  Every citizen shall have the freedoms such as Freedom of opinion and expression, Freedom to assemble peacefully and without arms, Freedom to form political party, freedom to move and reside in any part of Nepal, Freedom to engage in any occupation or be engaged in employment, establish and operate industry, trade and business in any part of Nepal.

Right to Equality (Article 18):  All citizens shall be equal before law. No person shall be denied the equal protection of law. 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. The state shall not discriminate among citizens on grounds of origin, religion, race, tribe, sex, economic condition, language or geographical region ideology and such other matters. There shall not be any gender discriminations regarding remuneration for the same work and social security. There shall be no gender discrimination regarding the right to parental property with regard to all family members. 

Right to Communication (Article19) : 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. No means of communication including the press, electronic broadcasting and telephone shall be obstructed except in accordance with law.

Right to Justice (Article 20) : No person shall be detained without being informed of the ground for such an arrest. 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 consultation held with the legal practitioner and the advice given thereon shall remain confidential . 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.

Right to Victim of Crime (Article 21):  The victim of crime shall have the right to  be informed about the investigation and proceedings of the case regarding his/her victimization. The victim of crime shall have the right to social rehabilitation and justice with compensation as provided for  by law.

Right Against Torture (Article 22) : No person in detention shall be subjected to physical or mental torture or be treated in a cruel, inhuman or degrading manner and any such act shall be punishable by law and a victim of such an act shall have the right to compensation as provided for by the law.

Right Against Preventive Detention (Article 23) :  No person shall be held under preventive detention unless there is sufficient ground to believe that there exists an immediate threat to the sovereignty and territorial integrity of Nepal or public peace and order. Family member or close relative of the person in preventive detention shall have to be immediately informed about his/her condition as provided for by law. 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.

Right Against Untouchability and Discrimination (Article 24):   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. 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. 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 compensation as provided for by law.

Right to  Property (Article 25):   Every citizen shall, subject to laws, have the right to acquire, enjoy own, sell have professional gains, and otherwise utilize, or dispose of property. The state may impose tax on property and income of a person according to the norms of progressive tax.

Right to Religious Freedom (Article 26):  Each person shall be free to profess, practice and preserve his/her religion according to his/her faith. Every religious denomination shall have the right to manage and protect its religious places and religious trusts. 

Right to Information (Article 27) :  Every citizen shall have the right to seek information on any matters of concern to him/her or the public. No person shall be compelled to provide information about which confidentiality is to be maintained according to law.

Right to Privacy (Article 28):  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.

Right Against Exploitation (Article 29) :  Every person shall have the right against exploitation. No person shall be subjected to any kind of exploitation on the basis of religion, custom, tradition, culture, practices or any other basis. No person shall be subjected to human trafficking or bonded labor or forced labor and such an act shall be punishable by law.

Right Regarding Clean Environment (Article 30):  Each citizen shall have the right to live in a healthy and clean environment. The victim of environmental pollution and degradation shall have the right to be compensated by the pollutant as provided for by law.

Right to Education (Article 31) : Every citizen shall have the right of access to basic education. 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. The citizens with disabilities and the economically indigent citizens shall have the right to get free higher education in accordance with law. The visually impaired citizens have the right to get free higher education in accordance with law. The visually impaired citizens shall have the right to get free education through sign language, in accordance with law. 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.

Right to Language and Culture (Article 32):  Each person and community shall have the right to use their language. Every person and community shall have the right to participate in the cultural life of its community. Each community living in Nepal shall have the right to preserve and promote its language, script, culture, cultural civilization and heritage.

Right to Employment (Article 33) : Every citizen shall have the right to employment. Terms and conditions of employment and unemployment benefits shall be as determined by Federal law. Every citizen shall have the right to select employment.

Right regarding Labor (Article 34) : Every laborer shall have the right to proper work practices. Every laborer shall have the right to appropriate remuneration, facilities and contribution-based social security. Every laborer shall have the right to form trade union, participate in it and organize collective bargaining.

Right to Health (Article 35 ) :   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. Each person shall have the right to be informed about his/her health condition with regard to heal care services. Each citizen shall have equal access to health care. Each citizen shall have the right to access to clean water and hygiene. 

Right to Food (Article 36) :  Each citizen shall have the right to food. Every citizens shall have the right to be protected from a state of starvation, resulting from lack of food stuffs. Every citizen shall have the right to food sovereignty as provided for in law.

Right to Housing (Article 37):  Each citizen shall have the right to appropriate housing. No citizen shall be evicted from the housing owned by him/her or encroached on the housing except in accordance with law.

Right to Women (Article 38) : Every woman shall have equal right to lineage without any gender discrimination. Every woman shall have the right relating to safe motherhood and reproductive health. 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 compensation as provided for in law. Women shall have the right to access participate in all state structures and bodies on the basis of the principle of proportional inclusion. Women shall have the right to special opportunity in the spheres of education, health, employment and social security on the basis of positive discrimination. Both the spouses shall have equal rights in property and family affairs.

Right to Children (Act 39) :  Each child shall have the right to his/her identity with the family name and birth registration. Every child shall have the right to education health care nurturing, appropriate upbringing, sports, recreation and overall personality development from family and the state. Every child shall have the right to preliminary child development and child participation. No child shall be employed in factories , mines or in any other hazardous works. 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,

Right to Dalit (Article 40 ) :  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. Provisions of free education with scholarships should 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. In order to provide health care and social security to Dalit community, special arrangements shall be made in accordance with law. 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. The state shall, according to law, provide land to landless Dalits for one time. 

Right to Senior Citizens (Article 41) :   Senior citizens shall have the right to special protection and social security from the state.

Right to Social Justice (Article 42): Socially backward women, Dalits, Adibasi, Adibasi janajati, Madhesi, Tharu, minority groups, person with disability, marginalized groups, Muslims, backward classes, gender and sexually minority groups, youths peasants, laborers, the oppressed and the citizens of backward regions and economically poor Khas Arya 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. People with physical impairment shall have the right to diversity identity. Each peasant shall have the right 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. The family 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 displaced, persons who were physically maimed , the wounded and the victims, shall have the right with priority, as provided for by law, to educate, health, employment, housing and social security with justice and appropriate respect.

Right to Social security (Article 43) : 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.

Right  of Consumer (Article 44) : Each consumer shall have the right to qualify foodstuffs and services. A person who has suffered from sub-standard object or service shall have the right  to be compensated as provided for by law. 

Right Against Exile  (Article 45) : No citizen shall be exiled.

Right to Constitutional Remedy (Article 46) : There shall  be right to constitutional remedy pursuant to the Article 133 or 144 in course of implementation of rights granted in this part. 

A citizen has the right to the Supreme Court (according to Article :133) or high court (according to Article : 144) and get constitutional protection if his/her fundamental rights are breached or infringed.