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Nepal, a culturally diverse nation nestled in the Himalayas, is known for its long-standing tradition of religious tolerance and harmony. Home to a rich mosaic of religions—including Hinduism, Buddhism, Islam, Christianity, and indigenous faiths—Nepal has historically embraced pluralism. However, in recent years, religiously motivated crimes have emerged as a growing concern, challenging the country's image of peaceful coexistence. Religious crime in Nepal includes acts such as hate speech, forced conversions, vandalism of places of worship, and sometimes violence fueled by sectarian tensions.
The Constitution of Nepal guarantees freedom of religion, yet tensions often arise due to misunderstandings, political manipulation, and the rise of radical ideologies. In some instances, minority religious groups face discrimination, social exclusion, or even legal penalties under laws that restrict proselytization. Conversely, attacks on majority religious institutions also occur, often driven by retaliatory motives or political agendas. These incidents, although not widespread, pose a serious threat to national unity and social stability.
Understanding the root causes, legal frameworks, and societal responses to religious crime is essential for maintaining Nepal’s commitment to human rights and pluralism. Addressing this issue requires balanced efforts from the state, civil society, and religious communities to promote mutual respect and prevent the misuse of religion for violence or division.
Provisions relating to religious crime are mentioned in Part-2, Chapter-10 Sec 155-159 of Muluki Civil Code,2074
Prohibition of injuring shrines or places held sacred
The law prohibits any act of damaging, defiling, polluting, or destroying places of religious worship, prayer, sacred objects, burial grounds, or similar locations with the intent to insult or offend the religious beliefs of any caste, race, community, or class. Such actions, including those done knowingly, are considered criminal offenses. In cases where the offender is a foreign national, they will be deported from Nepal within seven days of completing their prison sentence. This provision aims to protect religious harmony and prevent acts that may cause communal or interfaith tensions by criminalizing intentional disrespect toward religious sentiments and sacred places. It underscores Nepal's legal commitment to upholding religious respect and punishing those who attempt to disrupt societal peace through religious offense.
If a person commits or instigates such acts, they may face imprisonment for up to three years and a fine of up to thirty thousand rupees.
Prohibition of outraging religious feelings:
The law prohibits any person from intentionally outraging the religious feelings of any caste, race, community, or class through spoken or written words, signs, visible representations, or any other means. Such acts are considered offenses if they aim to insult or hurt religious sentiments. his provision is designed to maintain religious harmony and social peace by penalizing actions that incite hatred or disrespect based on religion or belief.
Anyone found guilty of this offense may face imprisonment for up to two years and a fine of up to twenty thousand rupees.
Prohibition of causing obstruction to religious rites and rituals:
The law prohibits any person from knowingly obstructing the religious rites and rituals of others that have been traditionally practiced since ancient times. Such interference is considered a punishable offense. This provision aims to protect the freedom of religious practice and ensure respect for long-standing cultural and spiritual traditions.
Anyone found guilty may face up to one year of imprisonment or a fine of up to ten thousand rupees, or both.
Prohibition of proselytizing:
Proselytizing means trying to convert someone to a different religion, belief, or opinion, especially through preaching or persuasion. In a religious context, it refers to efforts to encourage others to adopt a particular faith. For example, when someone actively tries to convince others to leave their religion and follow a new one, that is proselytizing.
The law strictly prohibits any individual from converting another person from one religion to another, attempting to do so, or encouraging such conversion. It also bans actions that undermine someone’s religion, belief, or faith, whether or not inducement is involved, if done with the intention of promoting another religion or causing conversion. These provisions aim to protect religious freedom and harmony by preventing forced, coerced, or manipulative religious changes.
If the offender is a foreign national, they will be deported from Nepal within seven days of completing their prison term. This law reflects Nepal’s effort to safeguard the religious sentiments and traditions of its diverse communities, ensuring that individuals can follow their faith freely without external pressure or influence. It also emphasizes the importance of respecting all religions equally and discourages activities that may lead to religious tension or division. Overall, the provision is designed to maintain social and religious harmony in a multi-faith society by legally restricting forced or intentional religious conversions.
Anyone found guilty of violating these rules may face imprisonment for up to five years and a fine of up to fifty thousand rupees
Statute of limitations:
The law states that no legal complaint can be filed after six months from the date the offense was committed or, in the case of offenses of prohibition of proselytizing, from the date the victim became aware of the offense. This sets a time limit for initiating legal action to ensure timely justice and prevent delayed prosecutions.
Services provided by Alpine in the case of religious offense.
1. Legal Consultation and Case Assessment
Evaluating the facts and legal aspects of the religious crime to advise clients on their rights, possible defenses, and legal options.
2. Filing Complaints or FIRs
Assisting victims or affected parties in drafting and filing formal complaints or First Information Reports (FIRs) with the police or relevant authorities.
3. Representation in Court
Providing legal representation in criminal proceedings, including trial courts, appellate courts, or special tribunals dealing with religious offense cases.
4. Negotiation and Mediation
Engaging with opposing parties or authorities to seek amicable settlements, reconciliation, or mediation to avoid prolonged litigation and maintain social harmony.
5. Legal Research and Documentation
Preparing legal documents, affidavits, petitions, and appeals related to religious crime cases, ensuring compliance with the Muluki Civil Code and other relevant laws.
6. Protection of Rights
Advocating for the protection of religious freedoms, human rights, and ensuring due process under Nepalese law.
7. Advising on Compliance and Prevention
Guiding individuals, organizations, or religious institutions on how to comply with laws to prevent potential religious crimes or conflicts.
8. Handling Deportation Cases
In cases involving foreign nationals accused of religious crimes, assisting with legal procedures related to imprisonment and deportation.
Religious crime in Nepal, though not widespread, poses a serious challenge to the country's long-standing tradition of religious tolerance and harmony. The rise of incidents such as hate speech, forced conversions, and obstruction of religious practices threatens national unity and social peace. To address this, the Muluki Civil Code, 2074 (Part 2, Chapter 10, Sections 155–159) includes specific legal provisions criminalizing acts that insult religious sentiments, damage sacred sites, obstruct rituals, or promote forced conversion. These laws carry penalties ranging from fines to imprisonment and, in the case of foreign offenders, deportation. By enforcing such legal safeguards, Nepal seeks to protect the rights of all religious communities and prevent the misuse of religion to incite conflict or division. However, legal enforcement must be balanced with the protection of genuine religious freedom. Strengthening awareness, dialogue, and mutual respect among communities is crucial to sustaining Nepal’s pluralistic values and ensuring peaceful religious coexistence
Disclaimer:
This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.