Table of Contents
Introduction
Fundamental rights are the essential freedoms and guarantees granted to every individual to ensure dignity, equality, and justice within a democratic society. In Nepal, these rights are enshrined in Part 3 of the Constitution of Nepal 2015, reflecting the nation's commitment to human rights, the rule of law, and inclusive governance. They include rights such as the right to equality, freedom, education, health, and justice, among others. These rights are enforceable by law, and any violation can be challenged in a court of law. Fundamental rights are crucial in empowering citizens and building a just and equitable society in Nepal.
Fundamental Rights stated in Constitution are as follows:-
| S.N. | Fundamental Right | Article | Key Focus |
|---|---|---|---|
| 1 | Right to Live with Dignity | 16 | No death penalty; right to life and respect |
| 2 | Right to Freedom | 17 | Freedom of expression, movement, association |
| 3 | Right to Equality | 18 | Equal protection; no discrimination |
| 4 | Right to Communication | 19 | No censorship; media freedom |
| 5 | Rights Relating to Justice | 20 | Fair trial, legal aid, due process |
| 6 | Right of Victim of Crime | 21 | Justice, information, compensation |
| 7 | Right Against Torture | 22 | Protection from inhuman treatment |
| 8 | Right Against Preventive Detention | 23 | Legal safeguards for preventive detention |
| 9 | Right Against Untouchability and Discrimination | 24 | Criminalization of caste-based discrimination |
| 10 | Right to Property | 25 | Right to acquire, own, and use property |
| 11 | Right to Freedom of Religion | 26 | Practice and protect own religion |
| 12 | Right to Information | 27 | Access to personal and public information |
| 13 | Right to Privacy | 28 | Protection of personal data and space |
| 14 | Right Against Exploitation | 29 | Ban on slavery, trafficking, and forced labor |
| 15 | Right to Clean Environment | 30 | Right to live in a pollution-free environment |
| 16 | Right to Education | 31 | Free and compulsory education |
| 17 | Right to Language and Culture | 32 | Preserve and promote own language and culture |
| 18 | Right to Employment | 33 | Freedom to work and employment rights |
| 19 | Right to Labour | 34 | Fair wages, trade unions, social security |
| 20 | Right to Health | 35 | Basic health services for all |
| 21 | Right to Food | 36 | Food security and sovereignty |
| 22 | Right to Housing | 37 | Protection against forced eviction |
| 23 | Right of Women | 38 | Reproductive health, equal rights |
| 24 | Rights of the Child | 39 | Protection, development, identity |
| 25 | Right of Dalit | 40 | Proportional inclusion and empowerment |
| 26 | Rights of Senior Citizens | 41 | Social protection and welfare |
| 27 | Right to Social Justice | 42 | Equity for marginalized communities |
| 28 | Right to Social Security | 43 | Support for vulnerable and indigent groups |
| 29 | Rights of the Consumer | 44 | Safe goods and fair services |
| 30 | Right Against Exile | 45 | No citizen shall be exiled |
| 31 | Right to Constitutional Remedies | 46 | Right to challenge rights violations in court |
1. Right to Live with Dignity (Article 16)
Every individual has the inherent right to live with dignity, meaning their life should be respected and protected. Additionally, the law prohibits the use of the death penalty, ensuring that no legislation can be enacted to impose capital punishment on anyone in Nepal.
2. Right to Freedom (Article 17)
The Constitution of Nepal guarantees every individual the right to personal liberty, allowing deprivation of liberty only through legal procedures. Citizens are entitled to various freedoms, including:
- Freedom of opinion and expression
- Peaceful assembly
- Formation of political parties, unions, and associations
- Freedom of movement and residence
- Freedom to choose and engage in any profession or business
However, these freedoms are subject to reasonable legal restrictions to protect national sovereignty, security, public order, morality, and the rights of others. These checks ensure that freedom is balanced with social harmony and national interest.
3. Right to Equality (Article 18)
The Constitution of Nepal guarantees that all citizens are equal before the law and are entitled to equal protection. Discrimination is prohibited on various grounds, including origin, religion, race, caste, gender, economic status, language, or ideology. The state must not discriminate against citizens, but can enact special provisions to uplift marginalized and disadvantaged groups. Equality also extends to equal pay and social security for the same work, regardless of gender, and equal rights to ancestral property for all children, without gender-based discrimination.
4. Right to Communication (Article 19)
The Constitution of Nepal protects the freedom of communication by prohibiting censorship of news, articles, or media in any form, including digital, print, and broadcast. Media cannot be shut down, seized, or have its registration cancelled solely for publishing content. However, reasonable restrictions may be imposed by law to protect national sovereignty, public morality, social harmony, and prevent acts like sedition, defamation, hate speech, or incitement to violence or discrimination. Interruption of communication channels is allowed only under the law.
5. Rights Relating to Justice (Article 20 )
- Right to Information Upon Arrest: No one shall be detained without being informed of the reason for their arrest.
- Right to Legal Counsel: Arrested individuals can consult a legal practitioner of their choice from the time of arrest; such consultation is confidential.
- Right to Be Presented Before Authority: An arrested person must be presented before a judicial authority within 24 hours, excluding travel time.
- No Retroactive Punishment: A person cannot be punished for an act that wasn't illegal at the time it was committed.
- Presumption of Innocence: Everyone is presumed innocent until proven guilty.
- Protection from Double Jeopardy: No one can be tried and punished for the same offense more than once.
- Right Against Self-Incrimination: A person cannot be forced to testify against themselves.
- Right to Information on Legal Proceedings: Everyone has the right to be informed of proceedings taken against them.
- Right to a Fair Trial: Everyone has the right to a fair trial by an independent, impartial, and competent court or judicial body.
- Right to Free Legal Aid: Indigent individuals are entitled to free legal aid as per the law.
6. Right of Victim of Crime (Article 21)
The Right of Victim of Crime guarantees that a crime victim has the right to be informed about the investigation and legal proceedings of their case. Additionally, they are entitled to justice, including social rehabilitation and compensation, as provided by law.
7. Right against Torture (Article 22)
The Right against Torture ensures that no person who is arrested or detained shall be subjected to physical or mental torture, or treated in a cruel, inhuman, or degrading manner. This provision upholds the inherent dignity of individuals and strictly prohibits any form of abuse during detention. Acts of torture or degrading treatment are punishable by law in Nepal. Furthermore, victims of such acts are entitled to seek compensation as per legal provisions, reinforcing accountability and offering redress for violations of human rights.
8. Right against Preventive Detention (Article 23)
The Right against Preventive Detention protects individuals from being detained without due cause. A person can only be held under preventive detention if there is a clear and immediate threat to Nepal's sovereignty, territorial integrity, or public peace and order. The family or relatives of the detained person must be informed immediately, except in the case of citizens of enemy states. If the detention is found to be unlawful or made in bad faith, the individual has the right to seek compensation according to the law, ensuring protection against misuse of power.
9. Right against Untouchability and Discrimination (Article 24)
The Right against Untouchability and Discrimination ensures that no individual is subjected to any form of untouchability or discrimination in public or private spaces based on caste, tribe, origin, community, occupation, or physical condition. It prohibits preventing anyone from accessing goods, services, or facilities due to their caste or tribe. The law also bans any act that promotes superiority, hatred, or social discrimination based on caste or physical condition. Discrimination at the workplace, whether or not linked to untouchability, is strictly prohibited. Violating these provisions is considered a serious social offense, and victims have the right to legal compensation.
10. Right relating to property (Article 25)
The Right relating to Property guarantees that every citizen has the legal right to acquire, own, use, sell, and earn from property, including both movable and immovable assets, as well as intellectual property. The State may impose taxes on property and income based on progressive taxation principles. The government can only acquire or place restrictions on personal property for public interest and must follow legal procedures and provide compensation, except in cases involving illegally acquired property. Additionally, the State can implement land reforms for increasing agricultural productivity, environmental protection, and planned urban development. It may also repurpose requisitioned property for another public use if necessary.
11. Right to Freedom of Religion (Article 26)
The Right to Freedom of Religion in Nepal ensures that every individual has the right to follow, practice, and protect their religion according to their personal beliefs. Religious communities are also entitled to operate and safeguard their religious sites and trusts (Guthis), although the State may regulate these through laws. However, this right does not allow actions that harm public health, morality, or peace, nor does it permit forced or unlawful religious conversions or actions that threaten another person's religious beliefs.
12. Right to Information (Article 27)
The Right to Information ensures that every citizen can request and receive information on matters of personal or public interest. However, information legally required to remain confidential is not subject to disclosure.
13. Right to Privacy ( Article 28)
The Right to Privacy guarantees that a person's privacy, including their residence, property, documents, data, communication, and personal reputation, shall not be violated, except as permitted by law.
14. Right Against Exploitation (Article 29)
The Right Against Exploitation ensures that no person shall be exploited based on religion, tradition, or any other grounds. It prohibits trafficking, slavery, servitude, and forced labor, except in cases of compulsory public service mandated by the State. Any act of exploitation is punishable by law, and victims have the right to compensation.
15. Right to Clean Environment ( Article 30)
The Right to a Clean Environment guarantees every citizen the right to live in a clean and healthy environment. Victims of environmental pollution or degradation have the right to compensation as per the law. Additionally, the State may make legal provisions to maintain a balance between environmental protection and national development.
16. Right Relating to Education (Article 31)
The Right to Education ensures that every citizen has access to basic education. It provides for compulsory and free education up to the basic level, and free education up to the secondary level. Persons with disabilities and economically indigent citizens are entitled to free higher education. Visually impaired individuals have the right to education through braille, and those with hearing or speaking impairments through sign language. Additionally, every Nepalese community has the right to mother tongue education and to establish schools accordingly.
17. Right to Language and Culture (Article 32)
The Right to Language and Culture guarantees that every person and community has the right to use their own language and participate in their cultural life. It also ensures that all Nepalese communities have the right to preserve and promote their language, script, culture, civilization, and heritage.
18. Right to employment (Article 33)
The Right to Employment ensures that every citizen has the right to employment and to choose their work freely. The terms of employment and benefits for unemployment will be determined by federal law.
19. Right to Labour (Article 34)
The Right to Labour, as outlined in the relevant provisions, ensures that every labourer has the right to practice appropriate labour, meaning they are entitled to work, either physically or mentally, for an employer in exchange for remuneration. Additionally, every labourer has the right to receive appropriate compensation, benefits, and social security contributions. The law also guarantees that workers have the right to form and join trade unions and engage in collective bargaining, in accordance with the law, to protect their interests and negotiate better working conditions. These provisions aim to uphold the rights and dignity of workers in the labor market.
20. Right relating to health (Article 35)
The Right to Health guarantees every citizen free basic health services provided by the state, ensuring that no one is deprived of emergency health care. Individuals also have the right to access information about their medical treatment. Furthermore, every citizen is entitled to equal access to health services, as well as access to clean drinking water and sanitation, promoting overall well-being and equality in healthcare.
21. Right to Food (Article 36)
The Right to Food ensures that every citizen has access to sufficient and safe food. It guarantees protection from food scarcity that threatens life. Additionally, citizens have the right to food sovereignty, meaning they can control and access food systems in accordance with the law, promoting food security and sustainability.
22. The Right to Housing (Article 37)
The Right to Housing guarantees every citizen the right to appropriate housing. It also protects individuals from being evicted from their homes or having their residences violated, except under the law. This ensures both shelter and legal protection of one's living space.
23. Right of Women. (Article 38)
The Constitution guarantees comprehensive rights to women, ensuring equality and protection. Every woman has equal lineage rights without gender-based discrimination and the right to safe motherhood and reproductive health. Women are protected from all forms of violence or exploitation, with legal punishment for offenders and compensation for victims. The law ensures women's proportional inclusion in all state bodies and grants special opportunities in education, health, employment, and social security through positive discrimination.
24. Rights of the child (Article 39)
The Constitution of Nepal guarantees extensive rights to children, ensuring their protection, development, and dignity. Every child has the right to a name, birth registration, and identity, along with access to education, health, proper care, and overall development. Children are protected from hazardous labor, child marriage, trafficking, abduction, and all forms of abuse and exploitation. They have the right to child-friendly justice and special protection if vulnerable. Violations of these rights are punishable by law, with provisions for victim compensation.
25. Right of Dalit (Article 40)
The Constitution of Nepal ensures extensive rights and protections for the Dalit community, focusing on inclusion, empowerment, and equality. Dalits have the right to participate in state bodies through proportional inclusion and receive special provisions for representation in public services and employment. The State guarantees free and scholarship-based education from primary to higher levels, along with technical and vocational training. Health and social security, support for traditional occupations, land provision for the landless, and housing for the homeless are ensured. These benefits must be distributed fairly among Dalit men, women, and sub-communities to ensure proportional access and justice.
26. Rights of senior citizens (Article 41)
The senior citizens shall have the right to special protection and social security from the State.
27. Right to Social Justice (Article 42)
The Right to Social Justice in Nepal guarantees inclusive participation and equitable opportunities for historically marginalized and disadvantaged groups, including women, Dalits, indigenous communities, Madhesi, Tharu, Muslims, gender and sexual minorities, and others. It ensures access to education, health, employment, food, housing, and social security, particularly for indigent citizens and endangered communities. Persons with disabilities are entitled to live with dignity and equal access to public services. Farmers have the right to land and to preserve traditional agricultural practices. Additionally, victims and families affected by past political struggles and conflicts are given priority in state services, ensuring justice and respect for their sacrifices.
28. Right to Social Security (Article 43)
The Right to Social Security ensures that indigent, incapacitated, and helpless citizens-including single women, persons with disabilities, children, those unable to care for themselves, and members of endangered tribes - are entitled to receive social protection and support from the State, under the law. This provision aims to uphold their dignity and well-being by guaranteeing necessary assistance for their survival and inclusion in society.
29. Right of the consumer (Article 44)
The Rights of the Consumer ensure that every individual has the right to receive quality goods and services. Additionally, if a person suffers harm due to substandard products or services, they are entitled to seek compensation as per the law. This provision protects consumer interests and promotes accountability in the market.
30. Right against exile (Art 45)
No citizen shall be exiled.
31. Right to constitutional remedies (Article 46)
The Right to Constitutional Remedies guarantees that individuals can seek enforcement of their fundamental rights through legal processes as outlined in Articles 133 or 144 of the Constitution. This ensures that citizens have access to justice if their constitutional rights are violated.
Conclusion
Fundamental rights are the backbone of a democratic and inclusive society, and Nepal's Constitution of 2015 enshrines these rights to ensure equality, dignity, and justice for all citizens. Covering a wide range of civil, political, economic, social, and cultural freedoms, these rights empower individuals and protect them from discrimination, exploitation, and injustice. They also ensure inclusive participation and access to essential services like education, health, employment, and social security. Enforceable by law and safeguarded through constitutional remedies, these rights play a vital role in shaping a just, equitable, and harmonious society where every citizen can thrive and contribute meaningfully.
Frequently Asked Questions
Fundamental rights are the guaranteed legal freedoms enshrined in Nepal’s Constitution that ensure dignity, equality, and justice for all citizens.
The Constitution of Nepal 2015 lists 31 fundamental rights under Part 3.
Yes, citizens can directly approach the courts, especially the Supreme Court, if their fundamental rights are violated.
It ensures all citizens are equal before the law and protects against discrimination based on origin, caste, religion, gender, or economic status.
Yes, Article 31 guarantees free and compulsory education up to the basic level and free education up to secondary level.
Yes, it includes special rights and affirmative action provisions to uplift Dalits, indigenous groups, and other vulnerable communities.
It allows individuals to freely practice and protect their religion, as long as it doesn’t violate public order or others’ rights.
Absolutely. Article 24 criminalizes untouchability and any form of caste-based discrimination, with penalties and compensation rights.
Victims are entitled to be informed about the investigation, seek justice, and receive rehabilitation and compensation as per Article 21.
Under Article 46, you can file a writ petition in the Supreme Court to protect or enforce your fundamental rights.
Yes, women and men have equal rights to inherit ancestral property under Article 18.
It guarantees all citizens the right to live in a pollution-free environment and claim compensation for environmental harm.
Some rights can be suspended during a state of emergency, but core rights like protection from torture and slavery remain intact.
Article 22 prohibits physical or mental torture during arrest or detention, with legal penalties and compensation for victims.
Yes, Articles 33 and 34 provide citizens the right to employment, just labor conditions, and social security protections.
Yes, the Constitution guarantees social security, special protection, and dignity for both groups under Articles 41 and 42.
Yes, Article 27 ensures your right to access information, unless restricted by specific laws for national security or privacy.
It prohibits forced labor, slavery, trafficking, and exploitation of any kind, including on cultural or traditional grounds.
It empowers citizens to legally challenge violations of fundamental rights through writ petitions.
They empower citizens, promote accountability, and uphold rule of law—ensuring that everyone is treated fairly and justly under the law.
Article 16 to Article 46 of the Nepalese constitution guarantees 31 fundamental rights to Nepalese people.
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 to any one. 17.
Nepal is governed according to the Constitution which came into effect on 20 September 2015, replacing the Interim Constitution of 2007. The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules.
Article 27 of the Nepal Constitution guarantees the right to information. It states that every citizen has the right to demand and receive information on matters of personal or public interest, with the proviso that confidentiality must be maintained for information declared secret by law.
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