National and Public Heritage Laws in Nepal: Safeguarding Cultural Assets

Nepal, renowned for its rich cultural diversity and historical legacy, treasures a vast array of national and public heritage sites that reflect its ancient civilizations, artistic traditions, and religious significance. These heritage sites—ranging from temples, palaces, monuments, to traditional settlements—are vital to the country’s identity, tourism, and cultural continuity. To safeguard these invaluable resources, Nepal has enacted comprehensive legal frameworks collectively known as the National and Public Heritage Laws.

These laws aim to protect, preserve, and manage heritage sites and artifacts from damage, neglect, illegal excavation, or unauthorized alteration. They recognize the importance of conserving heritage for present and future generations, balancing development needs with cultural preservation. The laws also regulate ownership, excavation, restoration, and public access to heritage properties, ensuring that the government, communities, and stakeholders work collaboratively in heritage management.

By enforcing these provisions, Nepal strives to uphold its commitments under international conventions, such as UNESCO’s World Heritage Convention, and promote awareness of the role in national pride and identity. The National and Public Heritage Law not only preserves Nepal’s cultural wealth but also fosters sustainable tourism and education, thereby contributing to economic development and social cohesion.

Offenses against national and public heritage in Nepal refer to any acts that damage, destroy, deface, or illegally alter protected heritage sites, monuments, artifacts, or culturally significant properties. Such offenses threaten the preservation of Nepal’s rich historical and cultural legacy. The law strictly prohibits activities like unauthorized excavation, vandalism, theft, or neglect of heritage sites. These protections aim to safeguard the country’s cultural identity and ensure that heritage resources are preserved for future generations. Violators may face penalties including fines, imprisonment, or other legal actions under Nepal’s heritage protection laws.

Provisions relating to offenses against National/Public Heritage in Nepal are mentioned in Part-2, Chapter-8 Sections 147-154 of the Muluki Civil Code,2074

Prohibition of owning a public building or land by an individual:

No person is allowed to obtain ownership, register, occupy, cultivate, encroach upon, or obstruct the use or possession of certain government or public properties without prior approval from the Government of Nepal, State Government, or Local Level authorities. This applies to government buildings or land owned or controlled by these bodies, as well as community or public houses and lands held in communal possession from ancient times. Additionally, if such properties have already been registered or transferred to an individual without approval, those registrations or transfers are automatically considered invalid and void. This provision protects public and government properties from unauthorized ownership and misuse, ensuring that community and state assets remain preserved and legally safeguarded.

Violating this law can result in imprisonment for up to three years, a fine of up to thirty thousand rupees, or both.

Prohibition of owning public heritage by individual:

The law prohibits any individual from obtaining ownership of public heritage properties, whether by registration or otherwise. It also forbids obstructing, occupying, cultivating, encroaching upon, or causing any harm to these heritage sites. Public heritage includes rights of way, roads, pasture lands, water bodies, graveyards, crematories, water taps, wells, ponds, springs, canals, meadows for grazing, public markets, religious sites like temples, stupas, mosques, churches, public rest houses, historical statues, monuments, places for cultural or religious functions, and national forests under government ownership. These sites have been used or preserved by the public from time immemorial and hold cultural, religious, ecological, or historical significance. Furthermore, if any public heritage property has been registered or transferred to an individual’s name without authorization, such registration or transfer is automatically null and void. This law protects Nepal’s public heritage by preventing unauthorized privatization and ensuring the preservation of communal and cultural assets for future generations.

Public heritage as stated by the Muluki Criminal Code, 2074, sec 148

• A right of way that has been in public use from time immemorial,
• A road, pasture land, water body, graveyard, crematory, water tap, spout, well, pond, edge of pond, spring of drinking water, canal, water channel, meadow for animal grazing or exit for animals, that has been in public use,
• A place where the market is held,
• A divine place, shrine, temple, Stupa, monastery, mosque, or church,
• A public rest house, Pauwa, Sattal, Chautaro,
• A historical statue, monument, cultural monument, or memorial,
• A place for organizing religious or cultural functions or ceremonies,
• A national forest designated by the Government of Nepal or a forest, or any part thereof, under the ownership of the Government of Nepal, State Government, or Local Level.

Anyone violating this law can face imprisonment of up to five years or a fine of up to fifty thousand rupees or both.

Prohibition of encroachment on natural heritage:

The law strictly prohibits any person from encroaching upon, possessing, selling, distributing, or causing harm to natural heritage except as permitted by law. Natural heritage includes national parks, wildlife and hunting reserves, conservation areas, rivers, lakes, waterfalls, mountain peaks, protected wildlife habitats, ecosystems, and medicinal herbs regulated by the government. These areas and resources are safeguarded to preserve Nepal’s natural environment, biodiversity, and ecological balance. Violations such as damaging or unlawfully trading these protected natural resources are considered serious offense. This law ensures the protection and sustainable management of Nepal’s natural heritage, preventing exploitation and degradation. By enforcing such stringent measures, Nepal aims to conserve its unique natural landscapes and wildlife, uphold environmental laws, and promote ecological preservation for future generations.

Natural heritage as stated by Muluki Criminal Code, 2074 sec 149

• A national park, wildlife or hunting reserve designated by the Government of Nepal for the protection of the natural environment, vegetation, and wildlife,
• A conservation area designated by the Government of Nepal, river, rivulet, stream, lake, wetland, or natural water-fall, snow-peak, or any part thereof, higher mountain peak,
• A wildlife, vegetation, or landscape protected by the law in force or the Government of Nepal, the State Government, or the Local Level,
• A habitat of wildlife protected by the Government of Nepal, State Government or Local Level, ecosystem, or any medicinal herb which is prohibited for sale, distribution, export or import.

Offenders may face imprisonment for up to ten years and and a fine equal to the claimed amount if such amount is specified and a fine not exceeding one million rupees if such amount is not specified or both the sentences.

Prohibition of possession or destruction of public physical infrastructure in an unauthorized manner:

The law prohibits any person from unauthorized possession, obstruction, or causing damage to public physical infrastructure, except as permitted by law. Public physical infrastructure includes essential facilities such as roads, bridges, tunnels, airports, water reservoirs, canals, drinking water springs, ponds, power houses, electricity transmission lines, ropeways, cable cars, telecommunication equipment, radio and television stations, railways, public bus stations, parks, and similar structures meant for public use. Any act that prevents others from using these infrastructures or causes harm to them is considered a serious offense. These provisions aim to protect the integrity and functionality of vital public assets that support daily life, transportation, communication, and public services in Nepal. By enforcing such laws, the government ensures that public infrastructure is preserved, accessible, and maintained for the benefit and safety of all citizens, thereby promoting sustainable development and social welfare.

According to Muluki Criminal Code, 2074, Sec 150 “public physical infrastructure” means the following infrastructure to be publicly used:

• A road, way, bridge, tunnel, airport,
• A water reservoir, canal, spring of drinking water, and pond, power house, electricity transmission center or line thereof,
• A ropeway, cable car, telecommunication equipment, radio station, television broadcasting center, and tower thereof,
• A rail and railway;
• A public bus station, public park, or
• Similar to other structures.

Violators face strict penalties, including imprisonment for up to ten years and fines up to one hundred thousand rupees.

Prohibition of dishonoring or destroying the national anthem, flag, or coat-of-arms:

The law strictly prohibits any act intended to spread hatred against Nepal or its government by dishonoring national symbols such as the national anthem, flag, or coat-of-arms. This includes actions like burning the flag, disrespecting these symbols, or using them inappropriately in ways that violate public morality, decency, or courtesy. Such offenses carry penalties of imprisonment for up to three years or fines not exceeding thirty thousand rupees, or both.

Similarly, the law protects the flags and emblems of countries that maintain friendly relations with Nepal. No person shall burn, misuse, or disrespect the national flag or coat-of-arms of such countries with the intent to spread hatred or dishonor.

The law also extends this protection to international and regional organizations of which Nepal is a member, including the United Nations and its associated or specialized agencies. Unauthorized misuse of the flags, emblems, logos, vehicles, or other symbols of these organizations without proper approval is prohibited. Offenders face imprisonment for up to one year or fines of up to ten thousand rupees, or both.

These provisions emphasize respect for national and international symbols as a way to uphold dignity, promote goodwill, and maintain harmonious relations. By criminalizing disrespectful acts against these symbols, the law seeks to foster patriotism, protect Nepal’s sovereignty, and ensure respect for international partnerships and organizations, thereby reinforcing national unity and international cooperation.

Not to insult national figures/heroes:

The law prohibits anyone from knowingly spreading hatred against, dishonoring, or defaming national figures or heroes designated by the Government of Nepal. It also forbids damaging or demolishing their statues, monuments, or memorials. However, comments made in good faith for research, study, or evaluation of these figures are not considered offenses. This provision aims to protect the dignity and respect of important national personalities and their legacy while allowing academic freedom.

Violators can face imprisonment of up to six months or a fine of up to five thousand rupees, or both.

Compensation

If any harm or loss results from an offense of the Prohibition of possession or destruction of public physical infrastructure in an unauthorized manner, the offender shall be ordered to pay reasonable compensation to the affected party. This provision ensures that victims receive financial redress for damages caused by the offender’s illegal actions, promoting justice and accountability.

Statute of limitations:

There is no time limit (statute of limitation) for filing complaints related to offenses under Sections Prohibition of owning public buildings, land by an individual, the Prohibition of owning public heritage by an individual, and the Prohibition of encroachment of natural heritage, meaning these cases can be reported at any time. However, for offenses under other sections of this chapter, complaints must be filed within six months from the date the offense was committed. After six months, no complaint can be accepted.

Services provided by Alpine Law Associates in the offense of Offences against National and Public Heritage

1. Legal Consultation and Case Assessment

A law firm offers expert legal consultation by thoroughly reviewing the facts and evidence related to the alleged offence against national or public heritage. They advise clients on the relevant laws, potential penalties, and their legal rights, helping them understand the seriousness of the case and the best course of action.

2. Representation and Defense

Lawyers provide professional representation in investigations, court hearings, and trials. They prepare a strong defense strategy to protect clients accused of violating heritage laws, ensuring their rights are upheld throughout the legal process.

3. Filing Complaints and Legal Actions

For victims or concerned parties, a law firm assists in filing formal complaints or petitions against offenders. They also help initiate legal proceedings to seek justice, including claiming compensation or restraining orders to protect heritage sites.

4. Negotiation and Settlement

Law firms often engage in negotiations with opposing parties or government agencies to reach settlements or reduce penalties. This service helps resolve disputes amicably without lengthy court battles when appropriate.

5. Appeals and Review

If a client is dissatisfied with a court’s decision, law firms manage the process of filing appeals or requests for review. They work to overturn or modify judgments to secure the best possible outcome.

Nepal’s laws protecting national and public heritage are crucial for preserving the country’s rich cultural, historical, and natural assets. These laws prohibit unauthorized ownership, occupation, or damage to public buildings, heritage sites, natural resources, and public infrastructure, ensuring these remain accessible and intact for future generations. Penalties for violations include imprisonment and fines, reflecting the seriousness of safeguarding heritage. The legislation also protects national symbols, figures, and international emblems, promoting respect and national unity. Provisions for compensation and clear rules on filing complaints further strengthen enforcement and justice. Together, these legal measures help maintain Nepal’s identity, support sustainable development, and foster pride in its cultural and natural legacy.