PART
3
FUNDAMENTAL
RIGHTS
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, race, sex, caste, tribe or
ideological conviction or any of these.
(3) The
State shall not discriminate citizens 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.
12.
Right to Freedom:
(I) 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:-
- freedom
of opinion and expression;
- freedom
to assemble peaceably and without arms;
- freedom
to form unions and associations;
- freedom
to move throughout the Kingdom and reside in any part thereof;
- freedom
to practice any profession, or to carry on any occupation, 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 offense; or on any act which may be contrary to decent public
behavior 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 restrictions 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 .
13.
Press and Publication Right:
(1) No
news item, article or 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 offense; or on any act which may be contrary to decent public
behavior 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 .
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 the time
of the commission of the offense.
(2) No
person shall be prosecuted or punishes for the same offense in a court
of law more than once .
(3) No
person accused of any offense 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 1 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 authorized 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 .
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.
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.
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 in the
public interest, shall be as prescribed by law.
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.
19.
Right to Religion:
(1)Every
person shall have the freedom to profess and practice 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.
20.
Right against Exploitation:
(1) Traffic
in human beings, slavery, serfdom or forced labor 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 to work in any factory or mine, or be engaged
in any other hazardous work.
21.
Right against Exile:
No citizen
shall be exiled.
22.
Right to Privacy:
Except
as provided by law, the privacy of the person, house, property, document,
correspondence or information of anyone is inviolable.
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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