Fundamental Rights Are essential for an Individual, Basic, Intrinsic(अन्तरिक), Inalienable(अपरिहार्य), and Natural human rights. These rights cannot be ignored, infringed(उल्लङ्घन), or Snatched by the state or Other Individuals. (NEA, Nepal Oil Nigam)
Features (विशेषताहरु) of Fundamental Rights
- State & citizens
- Not absolute – subject to restrictions
oखारेज- President of Nepal- (temp)
oनिषेध | प्रतिबन्ध- Parliament
- Enforceable – HC/SC- लागु गर्न मिल्ने
- Negative rights
Protector of Fundamental Right
रक्षक- HC/SC – (extraordinary writ)
Constitution of Nepal Part-3, Fundamental Rights Article 16 to article 46
Article 16: Right to Live with Dignity (गौरब / शान)
This article guarantees every person the right to live with dignity. It emphasizes that the state shall ensure that individuals’ dignity is protected and upheld in all circumstances.
Article 17: Right to Freedom
This article ensures the fundamental right of freedom, including the freedom of thought, belief, opinion, and expression, subject to reasonable restrictions as provided by law for the protection of public order, morality, and national security.
Article 18: Right to Equality
This article provides that all citizens are equal before the law and guarantees equality of opportunity in public employment and other areas. Discrimination based on sex, caste, religion, language, or ethnicity is prohibited.
Article 19: Right to Communication
This article grants citizens the right to communicate and exchange ideas, and prohibits any censorship on freedom of communication unless imposed by law to maintain public order or national security.
Article 20: Rights Relating to Justice (न्याय)
This article ensures the right to access justice, including the right to a fair trial, the right to legal representation, and protection from arbitrary detention.
Article 21: Right of Victim (पिडित) of Crime (अपराध)
This article grants victims of crimes the right to receive justice, protection, compensation, and rehabilitation. The state has an obligation to protect victims and ensure their rights are upheld.
Article 22: Right Against Torture (यातना)
This article guarantees protection against torture, inhuman or degrading treatment or punishment. No person shall be subjected to physical or mental torture.
Article 23: Right Against Preventive Detention (हिरासत / थुना)
This article safeguards individuals from preventive detention. No person shall be detained without trial for more than 24 hours unless authorized by law, and detention must be justified under the law.
Article 24: Right Against Untouchability (छुवाछुत) & Discrimination (भेदभाब)
This article prohibits untouchability and any form of caste-based discrimination. All persons shall have equal rights and opportunities, and any discrimination based on caste, ethnicity, or race is unlawful.
Article 25: Rights Relating to Property
This article ensures the right to own, use, and dispose of property, while also subjecting it to reasonable restrictions in the public interest, such as land reforms or laws governing property use.
Article 26: Right to Freedom of Religion
This article guarantees the right to practice, profess, and propagate any religion, and it allows citizens to change their religion or belief. It also prohibits forced conversions.
Article 27: Right to Information
This article grants the right to access information held by the government or public institutions. It enables transparency and accountability in the functioning of state bodies.
Article 28: Right to Privacy
This article ensures the right to personal privacy. The state shall not interfere with an individual’s privacy, family, or correspondence unless permitted by law for specific reasons like national security.
Article 29: Right Against Exploitation (शोषण)
This article guarantees protection against exploitation in all forms, including child labor, forced labor, and human trafficking. It also prohibits slavery and other forms of exploitation.
Article 30: Right to Clean Environment (स्वच्छ वातावरण)
This article acknowledges the right to a healthy and clean environment, which is crucial for the well-being of all citizens. The state is responsible for ensuring environmental protection.
Article 31: Right to Education
This article provides the right to free and compulsory education for children up to the age of 16. The state is obligated to ensure accessible, quality education for all citizens.
Article 32: Right to Language and Culture
This article guarantees the right of citizens to preserve and promote their language and culture. It also provides for the protection and development of the diversity of languages and cultures in Nepal.
Article 33: Right to Employment
This article ensures citizens’ right to employment, including the right to work in any profession or job and to pursue career opportunities without discrimination.
Article 34: Right to Labor
This article guarantees the rights of workers, including fair wages, labor rights, and the right to form trade unions and engage in collective bargaining.
Article 35: Right Relating to Health
This article ensures the right to health services and care. It emphasizes that the state is responsible for providing accessible and affordable healthcare to all citizens.
Article 36: Right Relating to Food
This article ensures the right to food, aiming to provide adequate nutrition and food security for all citizens. The state must work to eliminate hunger and malnutrition.
Article 37: Right to Housing
This article guarantees the right to housing. The state must take steps to provide affordable housing and ensure that all citizens have access to safe and secure housing.
Article 38: Right of Women
This article ensures equal rights for women, particularly in terms of employment, property ownership, and protection from violence. The state is required to take affirmative actions for the welfare of women.
Article 39: Right of Children
This article guarantees the rights of children, including protection from exploitation, abuse, and neglect. It also guarantees children the right to education and care.
Article 40: Rights of Dalits
This article protects the rights of Dalits and ensures their social, economic, and political rights are upheld, prohibiting discrimination based on caste.
Article 41: Right of Senior Citizens
This article recognizes the rights of senior citizens, ensuring that they receive adequate care, security, and opportunities for participation in society.
Article 42: Right to Social Justice
This article guarantees the right to social justice, including the provision of equal opportunities and the elimination of social inequalities in society.
Article 43: Right to Social Security
This article ensures the right to social security, providing citizens with access to welfare programs, pensions, insurance, and other forms of support in times of need.
Article 44: Right of Consumer
This article protects consumer rights, ensuring that citizens are provided with safe products and services, and can seek remedies for any damages caused by defective goods or services.
Article 45: Right Against Exile
This article guarantees protection from being exiled or forced to leave the country. No citizen shall be deprived of their nationality or right to reside in Nepal without due process of law.
Article 46: Right to Constitutional Remedies
This article provides that citizens can seek remedies for the violation of their fundamental rights through the courts. The judiciary has the power to enforce the protection of these rights.