The
Constitution of the Kingdom of Nepal
Part 3 Fundamental Rights
Article 11 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 (dharma), race (varya), sex (li_ga),
caste (jât), tribe (jâti) or ideological conviction (vaicârik)
or any of these.
(3) The State shall not discriminate among citizens on grounds of religion,
race, sex, caste, tribe, or ideological conviction or any of these. Provided
that special provisions may be made by law for the protection and advancement
of the interests of women, children, the aged or those who are physically
or mentally incapacitated or those who belong to a class which is economically,
socially or educationally backward.
(4) No person shall, on the basis of caste, be discriminated against as
untouchable, be denied access to any public place, or be deprived of the
use of public utilities. Any contravention of this provision shall be
punishable by law.
(5) No discrimination in regard to remuneration shall be made between
men and women for the same work.
Article 12 Right to Freedom
(1) No person shall be deprived of his personal liberty save in accordance
with law, and no law shall be made which provides for capital punishment.
(2) All citizens shall have the following freedoms:
(a) freedom of opinion and expression
;
(b) freedom to assemble peaceably and without arms;
(c) freedom to form unions and associations;
(d) freedom to move throughout the Kingdom and reside in any part thereof;
and
(e) freedom to practise 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 the Kingdom of Nepal, or which may jeopardize
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) 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 the Kingdom of
Nepal;
(3) nothing in sub-clause (c) shall be deemed to prevent the making of
laws to impose reasonable restrictions on any act which may undermine
the sovereignty and integrity of the Kingdom of Nepal, which may jeopardize
the harmonious relations subsisting among the peoples of various castes,
tribes or communities, which may instigate violence, or which may be contrary
to public morality;
(4) nothing in sub-clause (d) 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
or communities;
(5) nothing in sub-clause (e) 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
specified industries, businesses or services; or to impose any condition
or qualification for carrying on any industry, trade, profession or occupation.
Article 13 Press and Publication
Right
(1) No news item, article or any other reading material shall be censored.
Provided that nothing shall prevent the making of laws to impose reasonable
restrictions on any act which may undermine the sovereignty and integrity
of the Kingdom of Nepal, or which may jeopardize 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 against which may be contrary to decent public
behaviour or morality.
(2) No press shall be closed or seized for printing any news item, article
or other reading material.
(3) The registration of a newspaper or periodical shall not be canceled
merely for publishing any news item, article or other reading material.
Article 14 Right Regarding Criminal
Justice
(1) 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.
(2) No person shall be prosecuted or punished for the same offence in
a court of law more than once.
(3) No person accused of any offence shall be compelled to be a witness
against himself.
(4) 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. Any person so
treated shall be compensated in a manner as determined by law.
(5) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest, nor shall
be denied the right to consult and be defended by a legal practitioner
of his choice.
Explanation: For the purpose of this clause, the words "legal practitioner"
shall mean any person who is authorised by law to represent any person
in any court.
(6) Every person who is arrested and detained in custody 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 person shall be detained in custody beyond the said period
except on the order of such authority.
(7) Nothing in clauses (5) and (6) shall apply to a citizen of an enemy
state, and nothing in clause (6) shall apply to any person who is arrested
or detained under any law providing for preventive detention.
Article 15 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,
integrity or law and order situation of the Kingdom of Nepal.
(2) Any person held under preventive detention shall, if his detention
was contrary to law or in bad faith, have the right to be compensated
in a manner as prescribed by law.
Article 16 Right to Information
Every citizen shall have the right to demand and receive information on
any matter of public importance;
Provided that nothing in this Article shall compel any person to provide
information on any matter about which secrecy is to be maintained by law.
Article 17 Right to Property
(1) All citizens shall, subject to the existing laws, have the right to
acquire, own, sell and otherwise dispose of, property.
(2) The State shall not, except in the public interest, requisition, acquire
or create any encumbrance on, the property of any person.
(3) The basis of compensation and procedure for giving compensation for
any property requisitioned, acquired or encumbered by the State for in
the public interest, shall be as prescribed by law.
Article 18 Cultural and Educational
Right
(1) Each community residing within the Kingdom of Nepal shall have the
right to preserve and promote its language, script and culture.
(2) Each community shall have the right to operate schools up to the primary
level in its own mother tongue for imparting education to its children.
Article 19 Right to Religion
(1) Every person shall have the freedom to profess and practise his own
religion as handed down to him from ancient times having due regard to
traditional practices; provided that no person shall be entitled to convert
another person from one religion to another.
(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 trusts.
Article 20 Right against Exploitation
(1) Traffic in human beings, slavery, serfdom or forced labour in any
form is prohibited. Any contravention of this provision shall be punishable
by law; Provided that nothing herein shall be a bar to providing by law
for compulsory service for public purposes.
(2) No minor shall be employed in work in any factory or mine, or be engaged
in any other hazardous work.
Article 21 Right against Exile
No citizen shall be exiled.
Article 22 Right to Privacy
Except as provided by law, the privacy of the person, house, property,
document, correspondence or information of anyone is inviolable.
Article 23 Right to Constitutional Remedy
The right to proceed in the manner set forth in Article 88 for the enforcement
of the rights conferred by this Part is guaranteed.
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