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.
17. Right to Freedom
(1) No person shall be deprived of personal liberty except in accordance with the law.
(2) Every citizen shall have the following freedoms:
- (a) Freedom of opinion and expression,
- (b) Freedom to assemble peacefully 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 engage in any occupation, employment, or establish and operate any industry, trade, or business in any part of Nepal.
Provided that:
(1) Nothing in clause (a) shall prevent laws imposing reasonable restrictions on acts undermining Nepal’s sovereignty, territorial integrity, nationality, or independence, or disrupting harmonious relations between federal units or different castes, ethnic groups, religions, or communities, or promoting caste-based discrimination or untouchability, showing contempt for labor, involving defamation, contempt of court, incitement to crime, or contrary to public decency or morality.
(2) Nothing in clause (b) shall prevent laws imposing reasonable restrictions on acts undermining Nepal’s sovereignty, territorial integrity, nationality, or independence, or disrupting harmonious relations between federal units, or public peace and order.
(3) Nothing in clause (c) shall prevent laws imposing reasonable restrictions on acts undermining Nepal’s sovereignty, territorial integrity, nationality, or independence, involving espionage, breaching national confidentiality, jeopardizing security, assisting foreign entities in a manner amounting to treason, disrupting harmonious relations between federal units, promoting ethnic or communal hatred, or restricting political party membership based solely on caste, language, religion, community, or gender, or encouraging violent acts, or contrary to public morality.
(4) Nothing in clause (d) shall prevent laws imposing reasonable restrictions on acts undermining Nepal’s sovereignty, territorial integrity, nationality, or independence, involving espionage, breaching national confidentiality, kindizing security, assisting foreign entities in a manner amounting to treason, disrupting harmonious relations between federal units, promoting ethnic or communal hatred, encouraging violent acts, or contrary to public morality.
(5) Nothing in clause (e) shall prevent laws imposing reasonable restrictions on acts detrimental to the public interest, disrupting harmonious relations between federal units or different castes, ethnic groups, religions, or communities, or encouraging violent acts.
(6) Nothing in clause (f) shall prevent laws imposing reasonable restrictions on acts disrupting harmonious relations between federal units, contrary to public health, decency, or morality, reserving certain industries, trades, or services for the state, or prescribing conditions or qualifications for occupations, employment, industries, trades, or businesses.
18. Right to Equality
(1) All citizens shall be equal before the law. No one shall be denied equal protection of the law.
(2) No discrimination shall be made in the application of general laws on grounds of origin, religion, race, caste, ethnicity, gender, physical condition, disability, health condition, marital status, pregnancy, economic condition, language, region, ideological belief, or any other such basis.
(3) The state shall not discriminate among citizens on grounds of origin, religion, race, caste, ethnicity, gender, economic condition, language, region, ideological belief, or any other such basis.
Provided that: Nothing shall prevent laws providing special provisions for the protection, empowerment, or development of socially or culturally disadvantaged women, Dalits, indigenous peoples, indigenous ethnic groups, Madhesis, Tharus, Muslims, oppressed classes, backward classes, minorities, marginalized groups, farmers, workers, youth, children, senior citizens, gender and sexual minorities, persons with disabilities, pregnant persons, incapacitated or helpless persons, backward regions, and economically disadvantaged Khas Aryas.
Explanation: For the purposes of this Part and Part 4, “economically disadvantaged” refers to a person with an income less than that prescribed by federal law.
(4) No discrimination shall be made on the basis of gender in regard to remuneration and social security for equal work.
(5) All offspring shall have equal rights to ancestral property without gender-based discrimination.
19. Right to Communication
(1) No prior restriction shall be imposed on the publication or dissemination of any news, editorial, article, or other text, audio, or audio-visual material through electronic media, broadcasting, print, or any other medium, or on the flow of information or printing.
Provided that: Nothing shall prevent laws imposing reasonable restrictions on acts undermining Nepal’s sovereignty, territorial integrity, nationality, or harmonious relations between federal units or different castes, ethnic groups, religions, or communities, involving treason, defamation, contempt of court, incitement to crime, or contrary to public decency, morality, or labor, or promoting untouchability or gender-based discrimination.
(2) No radio, television, online, or other digital or electronic equipment, press, or other communication medium shall be closed, seized, or have its registration canceled, nor shall any material published or broadcast through such mediums be seized, for publishing, broadcasting, or printing any news, article, editorial, information, or other material.
Provided that: Nothing shall prevent laws to regulate radio, television, online, or other digital or electronic equipment, press, or other communication mediums.
(3) No means of communication, including print, electronic broadcasting, or telephone, shall be obstructed except in accordance with the law.
20. Right to Justice
(1) No person shall be detained without being informed of the reason for such detention.
(2) Every detained person shall have the right to consult and be represented by a legal practitioner of their choice from the time of detention. Consultations with and advice from their legal practitioner shall remain confidential.
Provided that: This sub-clause shall not apply to citizens of an enemy country.
Explanation: For the purposes of this sub-clause, “legal practitioner” refers to a person authorized by law to represent another person in any court or tribunal.
(3) Every detained person shall be produced before the adjudicating authority within 24 hours of detention, excluding travel time, and no person shall be detained except by the order of such authority.
Provided that: This sub-clause shall not apply to persons under preventive detention or citizens of an enemy country.
(4) No person shall be punished for an act that was not punishable by law at the time it was committed, nor shall any person be subjected to a punishment greater than that prescribed by law at the time of the offense.
(5) No person accused of an offense shall be deemed guilty until the offense is proven.
(6) No person shall be prosecuted or punished for the same offense more than once in a court.
(7) No person accused of an offense shall be compelled to testify against themselves.
(8) Every person shall have the right to be informed about any proceedings taken against them.
(9) Every person shall have the right to a fair trial by an independent, impartial, and competent court or judicial authority.
(10) Every indigent person shall have the right to free legal aid in accordance with the law.
21. Right of Victims of Crime
(1) A victim of a crime shall have the right to be informed about the investigation and proceedings of the case in which they are a victim.
(2) A victim of a crime shall have the right to justice, including social rehabilitation and compensation, in accordance with the law.
22. Right Against Torture
(1) No detained or imprisoned person shall be subjected to physical or mental torture or treated in a cruel, inhuman, or degrading manner.
(2) Any act under sub-clause (1) shall be punishable by law, and the victim shall have the right to compensation as per the law.
23. Right Against Preventive Detention
(1) No person shall be held in preventive detention unless there are sufficient grounds that they pose an immediate threat to Nepal’s sovereignty, territorial integrity, or public peace and order.
(2) The family members or close relatives of a person held in preventive detention under sub-clause (1) shall be informed immediately of their situation as per the law.
Provided that: This sub-clause shall not apply to citizens of an enemy country.
(3) If an authority holds a person in preventive detention unlawfully or with malicious intent, such person shall have the right to compensation as per the law.
24. Right Against Untouchability and Discrimination
(1) No person shall be subjected to untouchability or discrimination in any private or public place on grounds of origin, caste, ethnicity, community, occupation, profession, or physical condition.
(2) No person shall be prevented from purchasing or acquiring any goods, services, or facilities, nor shall such goods, services, or facilities be sold, distributed, or provided exclusively to any specific caste or ethnicity.
(3) No act shall be permitted that portrays any person or community as superior or inferior based on origin, caste, ethnicity, or physical condition, justifies social discrimination based on caste or untouchability, or promotes ideas of ethnic superiority or hatred, or encourages caste-based discrimination in any form.
(4) No discrimination shall be permitted at the workplace on the basis of caste, with or without untouchability.
(5) All acts of untouchability and discrimination contrary to this clause shall be deemed serious social crimes, punishable by law, and the victim shall have the right to compensation as per the law.
25. Right to Property
(1) Every citizen shall have the right, subject to the law, to acquire, enjoy, sell, gain commercial benefit from, or otherwise transact property.
Provided that: The state may impose taxes on an individual’s property or income based on progressive taxation principles.
Explanation: For the purposes of this clause, “property” includes all types of movable and immovable property, including intellectual property.
(2) The state shall not acquire, requisition, or create any encumbrance on an individual’s property except for public interest.
Provided that: This sub-clause shall not apply to property acquired illegally.
(3) The basis and procedure for compensation for property acquired by the state for public interest under sub-clause (2) shall be as per the law.
(4) The provisions of sub-clauses (2) and (3) shall not prevent the state from undertaking land reform, management, or regulation for increasing land productivity, modernizing and commercializing agriculture, environmental protection, planned housing, or urban development in accordance with the law.
(5) Nothing in sub-clause (3) shall prevent the state from using property acquired for one public interest for another public interest.
26. Right to Religious Freedom
(1) Every person who has faith in a religion shall have the freedom to profess, practice, and protect their religion according to their faith.
(2) Every religious community shall have the right to operate and protect religious sites and religious trusts.
Provided that: Nothing shall prevent the making of laws to regulate the operation and protection of religious sites and trusts or the management of trust property and land.
(3) No person shall, while exercising the rights under this clause, engage in or cause others to engage in acts that are contrary to public health, decency, or morality, disrupt public peace, convert another person’s religion, or interfere with another religion. Such acts shall be punishable by law.
27. Right to Information
Every citizen shall have the right to demand and receive information on any matter of personal or public concern.
Provided that: No one shall be compelled to provide information that is required to be kept confidential by law.
28. Right to Privacy
The privacy of any person’s body, residence, property, documents, data, correspondence, and character shall be inviolable except in accordance with the law.
29. Right Against Exploitation
(1) Every person shall have the right against exploitation.
(2) No person shall be exploited on the basis of religion, custom, tradition, culture, practice, or any other basis.
(3) No person shall be bought, sold, enslaved, or bonded.
(4) No person shall be forced to work against their will.
Provided that: Nothing shall prevent the making of laws requiring citizens to perform compulsory service for public purposes.
(5) Acts contrary to sub-clauses (3) and (4) shall be punishable by law, and the victim shall have the right to compensation from the perpetrator as per the law.
30. Right to Clean Environment
(1) Every citizen shall have the right to live in a clean and healthy environment.
(2) A victim of environmental pollution or degradation shall have the right to compensation from the polluter as per the law.
(3) This clause shall not prevent the making of legal provisions to balance environmental protection with development activities.
31. Right to Education
(1) Every citizen shall have the right to access basic education.
(2) Every citizen shall have the right to compulsory and free education up to the basic level and free education up to the secondary level from the state.
(3) Citizens with disabilities and economically disadvantaged citizens shall have the right to free higher education as per the law.
(4) Visually impaired citizens shall have the right to free education through Braille, and citizens with hearing or speech impairments shall have the right to free education through sign language, as per the law.
(5) Every Nepali community residing in Nepal shall have the right, as per the law, to receive education in their mother tongue and to establish and operate schools and educational institutions for that purpose.
32. Right to Language and Culture
(1) Every 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 their community.
(3) Every Nepali community residing in Nepal shall have the right to promote and protect their language, script, culture, cultural heritage, and legacy.
33. Right to Employment
(1) Every citizen shall have the right to employment. The terms, conditions, and unemployment assistance shall be as per federal law.
(2) Every citizen shall have the right to choose their employment.
34. Right to Labor
(1) Every worker shall have the right to fair labor practices.
Explanation: For the purposes of this clause, “worker” refers to a laborer or worker performing physical or intellectual work for an employer in return for remuneration.
(2) Every worker shall have the right to fair remuneration, facilities, and contribution-based social security.
(3) Every worker shall have the right, as per the law, to form trade unions, participate in them, and engage in collective bargaining.
35. Right to Health
(1) Every citizen shall have the right to receive 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 be informed about their health treatment.
(3) Every citizen shall have the right to equal access to health services.
(4) Every citizen shall have the right to access clean drinking water and sanitation.
36. Right to Food
(1) Every citizen shall have the right to food.
(2) Every citizen shall have the right to be protected from a state of starvation that endangers their life.
(3) Every citizen shall have the right to food sovereignty as per the law.
37. Right to Housing
(1) Every citizen shall have the right to appropriate housing.
(2) No citizen shall be evicted from their owned residence or have it encroached upon, except as per the law.
38. Right of Women
(1) Every woman shall have the right to equal lineage 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 any other form of violence or exploitation based on religion, social, cultural traditions, practices, or any other basis. Such acts shall be punishable by law, and the victim shall have the right to compensation as per the law.
(4) Women shall have the right to participate in all state bodies based on the principle of proportional inclusion.
(5) Women shall have the right to special opportunities in education, health, employment, and social security based on positive discrimination.
(6) Both spouses shall have equal rights in matters of property and family affairs.
39. Right of Children
(1) Every child shall have the right to a name and identity, including birth registration.
(2) Every child shall have the right to education, health, upbringing, proper care, sports, recreation, and holistic personality development from their family and the state.
(3) Every child shall have the right to early childhood development and child participation.
(4) No child shall be employed in factories, mines, or other hazardous work.
(5) No child shall be subjected to child marriage, illegal trafficking, abduction, or hostage-taking.
(6) No child shall be recruited or used in the army, police, or armed groups, or subjected to abuse, neglect, or physical, mental, sexual, or other forms of exploitation, or improper use in the name of cultural or religious practices.
(7) No child shall be subjected to physical, mental, or any other form of torture at home, school, or any other place or situation.
(8) Every child shall have the right to child-friendly justice.
(9) Helpless, orphaned, disabled, conflict-affected, displaced, and vulnerable children shall have the right to special protection and facilities from the state.
(10) Acts contrary to sub-clauses (4), (5), (6), and (7) shall be punishable by law, and a child victimized by such acts shall have the right to compensation from the perpetrator as per the law.
40. Right of Dalits
(1) Dalits shall have the right to participate in all state bodies based on the principle of proportional inclusion. Special provisions shall be made as per the law for the empowerment, representation, and participation of the Dalit community in public services and other employment sectors.
(2) Dalit students shall have the right to free education with scholarships from primary to higher education as per the law. Special provisions shall be made for Dalits in technical and vocational higher education as per the law.
(3) Special provisions shall be made for the Dalit community in health and social security as per the law.
(4) The Dalit community shall have the right to use, protect, and develop their traditional occupations, knowledge, skills, and technology. The state shall prioritize their involvement in modern businesses related to their traditional occupations and provide necessary skills and resources.
(5) The state shall provide land to landless Dalits once as per the law.
(6) The state shall arrange housing for homeless Dalits as per the law.
(7) Facilities provided to the Dalit community under this clause shall be equitably distributed among Dalit women, men, and all Dalit communities.
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) Economically, socially, or educationally backward women, Dalits, indigenous peoples, Madhesis, Tharus, Muslims, backward classes, minorities, marginalized groups, persons with disabilities, gender and sexual minorities, farmers, workers, oppressed or backward regions, and economically disadvantaged Khas Aryas shall have the right to participate in state bodies based on the principle of proportional inclusion.
(2) Economically disadvantaged and endangered communities shall have the right to special opportunities and benefits in education, health, housing, employment, food, and social security for their protection, upliftment, empowerment, and development.
(3) Persons with disabilities shall have the right to live with dignity and self-respect, with their diversity recognized, and equal access to public services and facilities.
(4) Every farmer shall have the right, as per the law, to access land for agricultural purposes, and to select and protect traditional local seeds and agricultural species.
(5) Families of martyrs, families of disappeared persons, democracy warriors, conflict victims, displaced persons, persons with disabilities, injured, and victims of all people’s movements, armed struggles, and revolutions for progressive democratic change in Nepal shall have the right to justice and appropriate respect, with priority-based opportunities in education, health, employment, housing, and social security as per the law.
43. Right to Social Security
Economically disadvantaged, incapacitated, helpless, single women, persons with disabilities, children, those unable to care for themselves, and citizens of endangered ethnic groups shall have the right to social security as per the law.
44. Right of Consumers
(1) Every consumer shall have the right to access quality goods and services.
(2) A person who suffers loss from substandard goods or services shall have the right to compensation as per the law.
45. Right Against Exile
No citizen shall be exiled.
46. Right to Constitutional Remedy
Every person shall have the right to constitutional remedies as provided under Article 133 or 144 to enforce the rights conferred by this Part.
47. Implementation of Fundamental Rights
The state shall make necessary legal provisions within three years of the commencement of this Constitution to implement the rights conferred by this Part.
48. Duties of Citizens
Every citizen shall have the following duties:
- (a) To be loyal to the nation and protect Nepal’s nationality, sovereignty, and integrity,
- (b) To abide by the Constitution and laws,
- (c) To perform compulsory service when required by the state,
- (d) To protect and preserve public property.
