Legal Aid Nepal | Alpine Law Associates

Writ Procedure in Nepal: Types, Steps, and Constitutional Rights

The writ procedure in Nepal is a powerful constitutional mechanism for safeguarding fundamental and legal rights. Under Articles 133, 144, and 151 of the Constitution, the Supreme Court, High Courts, and District Courts respectively issue writs like habeas corpus, mandamus, certiorari, quo warranto, and prohibition. This article outlines the entire process—from petition registration to final court orders—offering insights into show cause orders, stay orders, and judicial review. The writ system ensures fast legal remedies and holds authorities accountable for unlawful actions. It strengthens democratic governance by reinforcing individual rights and controlling arbitrary government power.

March 31, 2025

Juvenile Case Proceedings in Nepal: Process, Rights, and Court Practice

Juvenile case proceedings in Nepal are governed by the Children Act, 2019, and are designed to protect minors through child-friendly, rehabilitative justice. From taking a juvenile into control as a last resort to diversions and formal prosecutions, every stage emphasizes the child’s rights, dignity, and development. The Juvenile Court or bench ensures privacy, fair trials, and participation of child welfare professionals. These legal mechanisms aim to separate juvenile justice from the punitive adult system, focusing instead on correction and reintegration. This article explains each stage in detail, along with the safeguards provided to children throughout the legal process.

April 02, 2025

Court Fee in Nepal: Rates, Exemptions, and Legal Procedures

Court fees in Nepal are mandatory charges imposed when filing legal documents such as plaints, appeals, reviews, or counterclaims. Governed by the Civil Procedure Code, 2017, court fees vary based on claim value, nature of the case, and procedural stage. Certain cases are exempt, and financially challenged individuals may petition for relief. Specific rates apply depending on the property value, appeal type, or subject matter. Additional charges are levied for documentation, authentication, and writ petitions. This article explains how court fees are calculated, legal exemptions, and what litigants need to know before initiating a lawsuit or legal action in Nepal.

April 02, 2025

Procedural Rights of Defendants in Nepal

This article explains the key procedural rights of criminal defendants in Nepal, including the right to legal representation, a speedy trial, protection against self-incrimination, and the right to a fair hearing. Based on the Constitution of Nepal and the National Criminal Code, 2074, these safeguards ensure justice and prevent arbitrary punishment. With a focus on due process and fundamental freedoms, the article outlines how Nepal's legal system protects individuals at every stage of criminal proceedings.

April 02, 2025

Theories of Punishment in Nepal

This article explores the major theories of punishment in Nepal, including retributive, deterrent, preventive, and reformative models. It examines their application in the legal system and highlights how Nepal is shifting towards more rehabilitative justice. The discussion includes challenges such as overcrowded prisons, resource shortages, and the need for reform in correctional systems. Learn how these theories shape laws, sentencing, and rehabilitation policies in Nepal’s modern legal framework.

April 02, 2025

Understanding Child Rights in Nepal: Laws and Protections Explained

Nepal has made significant strides in promoting child rights through strong constitutional and legal protections, including the Constitution of Nepal, 2072, and the Children’s Act, 2075. Children are guaranteed rights to survival, development, protection from abuse, education, and participation. Despite legal progress, challenges like poverty, child labor, and discrimination persist. Effective enforcement, public awareness, and collaborative efforts between the government, civil society, and communities are essential to make these rights a living reality. Aligning national laws with global standards, Nepal remains committed to creating a safer, healthier, and more inclusive environment for every child.

April 17, 2025

Fundamental Rights in Nepal

Fundamental rights are the cornerstone of Nepal’s democratic legal system, safeguarding individual dignity, equality, and justice. Enshrined in Part 3 of the Constitution of Nepal 2015, these rights span civil, political, social, and economic liberties—ranging from the right to life, freedom, and equality, to education, health, and social justice. Each citizen is protected under these rights and empowered to seek legal remedies through constitutional mechanisms. At Alpine Law Associates, we are committed to educating and defending these rights through professional legal advocacy and public awareness. This guide outlines all 31 fundamental rights every Nepali citizen should know and exercise.

April 25, 2025

Marriage Crimes in Nepal: Types, Laws, and Remedies Explained

Marriage, meant to symbolize trust and partnership, sometimes becomes a ground for exploitation in Nepal. Common marriage crimes include child marriage, dowry-related violence, marital rape, polygamy, forced marriage, and domestic abuse. Despite constitutional and legal safeguards, cultural norms, social stigma, and enforcement gaps allow such violations to persist. This article explains the types of marriage crimes, related punishments under Nepali law, and the urgent need for social reforms. At Alpine Law Associates, we are committed to empowering victims, raising awareness, and promoting justice through strategic legal advocacy across Nepal.

April 27, 2025

Provision relating to illegal detention in Nepal

Illegal detention infringes upon fundamental human rights, violating personal liberty without legal justification. In Nepal, the Constitution and the Muluki Penal Code 2074 outline protections against such unlawful acts. Victims can seek immediate relief through the writ of habeas corpus, compelling authorities to justify detentions. Alpine Law Associates offers expert legal assistance to navigate these complex issues, ensuring justice and upholding individual freedoms. This article delves into the legal frameworks addressing illegal detention in Nepal and the remedies available to those affected.

May 04, 2025

LGBTQ and Third Gender Rights in Nepal: Legal Protections Explained

Nepal is celebrated as one of the most progressive countries in South Asia for LGBTQ and third gender rights. This comprehensive guide explores the legal protections and rights of third gender individuals in Nepal, starting from the landmark Supreme Court ruling in 2007 to constitutional guarantees under the 2015 Constitution. Learn about citizenship rights based on self-identified gender, anti-discrimination provisions in employment, education, and healthcare, and the pivotal role of the National Human Rights Commission (NHRC). Understand how Nepal’s legal system addresses equality, social justice, and dignity for LGBTQ individuals, ensuring their participation in public life without stigma or discrimination. This article is ideal for anyone seeking to understand Nepal’s remarkable journey toward inclusivity and human rights for gender and sexual minorities.

July 20, 2025

Inter-Country Adoption in Nepal: Complete Legal Guide and Process

Inter-country adoption in Nepal involves a highly regulated legal process designed to protect the rights and welfare of children. Governed by the Muluki Civil Code 2074 and aligned with the Hague Convention, this system ensures ethical, transparent, and child-centric adoptions. Overseen by the Ministry of Women, Children, and Senior Citizens, it involves a step-by-step process — from verifying eligibility to government approval and post-adoption monitoring. Only children declared legally adoptable, such as orphans or abandoned children, qualify for inter-country adoption. The process applies stringent criteria for foreign adoptive parents, enforces thorough legal scrutiny, and mandates post-adoption follow-up reports. This guide explains everything about eligibility, the application process, legal rights, adoption board roles, and protective mechanisms for Nepali children adopted abroad. A must-read for foreign nationals and legal professionals involved in inter-country adoption.

July 21, 2025

Mediation in Nepal: Legal Process, Rules, and Benefits Explained

Mediation in Nepal offers a faster, more amicable way to resolve disputes without going through lengthy court proceedings. Governed by the Mediation Act, 2068 B.S. (2011 A.D.), this alternative dispute resolution (ADR) method is designed to encourage settlement through cooperation and mutual understanding. Nepal’s Constitution and Local Government Operation Act, 2074 further promote mediation, especially at the community level. From family conflicts and property disputes to business disagreements, mediation serves as a confidential and voluntary process managed by trained, impartial mediators. The article provides a comprehensive overview of mediation laws in Nepal, including mediator appointment, procedures, ethical conduct, grounds for removal, and qualifications. Mediation reduces the judiciary’s burden, promotes social harmony, and ensures justice is more accessible to all citizens. Whether through court direction or private agreement, mediation is becoming a cornerstone of Nepal’s evolving justice system.

July 21, 2025

House Rent Provisions in Nepal: Rights, Duties, and Legal Procedures

House rent provisions in Nepal play a crucial role in maintaining fairness and stability within the growing urban housing market. Governed by the Muluki Civil Code, 2074 (2017), the law ensures both landlords and tenants understand their legal rights and obligations. These provisions regulate rental agreements, rent payment methods, duration of tenancy, advance payment, rent increment limits, maintenance responsibilities, and fair eviction procedures. Tenants are protected from arbitrary rent hikes and unjust evictions, while landlords can safeguard their property rights. Mandatory written agreements above NPR 20,000 rent ensure transparency, and local authorities assist in resolving disputes. Rules regarding safety standards, property conditions, subletting permissions, and early termination rights provide a clear legal framework for smooth landlord-tenant relationships. This article highlights Nepal’s comprehensive house rent legal framework, addressing common questions and ensuring both parties enjoy a peaceful, secure, and transparent tenancy experience in Nepal’s growing urban areas.

July 21, 2025

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