 |
All
citizens shall be equal before the law. No person shall be denied
the equal protection of the laws. |
|
No
discrimination shall be made against any citizen in the application
of general laws on grounds of religion (dharma), race (varya),
sex (linga), caste (jat), tribe (jati) or ideological conviction
(vaicarik) or any of these. |
|
The
State shall not discriminate among citizens on grounds of religion,
race, sex, caste, tribe, or ideological conviction or any of these Provided that special provisions may be made by law for the protection and advancement of the interests of women, children, the aged or those who are physically or mentally incapacitated or those who belong to a class which is economically, socially or educationally backward. |
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No
person shall, on the basis of caste, be discriminated against
as untouchable, be denied access to any public place, or be deprived
of the use of public utilities. Any contravention of this provision
shall be punishable by law. |
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No
discrimination in regard to remuneration shall be made between
men and women for the same work. |
12.
Right to Freedom:
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No
person shall be deprived of his personal liberty save in accordance
with law, and no law shall be made which provides for capital
punishment |
|
All
citizens shall have the following freedoms: (a) freedom of opinion and expression; (b) freedom to assemble peaceably and without arms; (c) freedom to form unions and associations; (d) freedom to move throughout the Kingdom and reside in any part thereof; and (e) freedom to practise any profession, or to carry on any occupation, industry, or trade. Provided that - (1) nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality; (2) nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of Nepal; (3) nothing in sub-clause (c) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, which may instigate violence, or which may be contrary to public morality; (4) nothing in sub-clause (d) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities; (5) nothing in sub-clause (e) shall be deemed to prevent the making of laws to impose restriction on any act which may be contrary to public health or morality, to confer on the State the exclusive right to undertake specified industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation. |
13.
Press and Publication Right:
|
No
news item, article or any other reading material shall be censored.
Provided that nothing shall prevent the making of laws to impose
reasonable restrictions on any act which may undermine the sovereignty
and integrity of Nepal, or which may jeopardize
the harmonious relations subsisting among the peoples of various
castes, tribes or communities; or on any act of sedition, defamation,
contempt of court or incitement to an offence; or on any act against
which may be contrary to decent public behaviour or morality.
|
|
No
press shall be closed or seized for printing any news item, article
or other reading material. |
|
The
registration of a newspaper or periodical shall not be canceled
merely for publishing any news item, article or other reading
material. |
|
No
person shall be punished for an act which was not punishable by
law when the act was committed, nor shall any person be subjected
to a punishment greater than that prescribed by the law in force
at the time of the commission of the offence. |
|
No
person shall be prosecuted or punished for the same offence in
a court of law more than once. |
|
No
person accused of any offence shall be compelled to be a witness
against himself. |
|
No
person who is detained during investigation or for trial or for
any other reason shall be subjected to physical or mental torture,
nor shall be given any cruel, inhuman or degrading treatment.
Any person so treated shall be compensated in a manner as determined
by law |
|
No
person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest, nor
shall be denied the right to consult and be defended by a legal
practitioner of his choice. Explanation: For the purpose of this clause, the words "legal practitioner" shall mean any person who is authorised by law to represent any person in any court. |
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Every
person who is arrested and detained in custody shall be produced
before a judicial authority within a period of twenty-four hours
after such arrest, excluding the time necessary for the journey
from the place of arrest to such authority, and no such person
shall be detained in custody beyond the said period except on
the order of such authority. |
|
Nothing
in clauses (5) and (6) shall apply to a citizen of an enemy state,
and nothing in clause |
|
Shall
apply to any person who is arrested or detained under any law
providing for preventive detention. |
15.
Right against Preventive Detention:
| No
person shall be held under preventive detention unless there is
a sufficient ground of existence of an immediate threat to the
sovereignty, integrity or law and order situation of Nepal. |
|
| Any
person held under preventive detention shall, if his detention
was contrary to law or in bad faith, have the right to be compensated
in a manner as prescribed by law. |
16. Right to
Information:
Every citizen shall have the right to demand and receive information on any matter of public importance;
Provided that nothing in this Article shall compel any person to provide information on any matter about which secrecy is to be maintained by law.
Every citizen shall have the right to demand and receive information on any matter of public importance;
Provided that nothing in this Article shall compel any person to provide information on any matter about which secrecy is to be maintained by law.
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All
citizens shall, subject to the existing laws, have the right to
acquire, own, sell and otherwise dispose of, property. |
|
The
State shall not, except in the public interest, requisition, acquire
or create any encumbrance on, the property of any person. |
|
The
basis of compensation and procedure for giving compensation for
any property requisitioned, acquired or encumbered by the State
for in the public interest, shall be as prescribed by law. |
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Each community residing within Nepal shall have the right to preserve and promote its language, script and culture. |
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Each community shall have the right to operate schools up to the primary level in its own mother tongue for imparting education to its children. |
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Every
person shall have the freedom to profess and practise his own
religion as handed down to him from ancient times having due regard
to traditional practices; provided that no person shall be entitled
to convert another person from one religion to another.[3] |
|
Every
religious denomination shall have the right to maintain its independent
existence and for this purpose to manage and protect its religious
places and trusts. |
|
Traffic
in human beings, slavery, serfdom or forced labour in any form
is prohibited. Any contravention of this provision shall be punishable
by law; Provided that nothing herein shall be a bar to providing
by law for compulsory service for public purposes. |
|
No
minor shall be employed in work in any factory or mine, or be
engaged in any other hazardous work. |
No citizen shall be exiled.
22. Right to
Privacy:
Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.
Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.
23. Right to
Constitutional Remedy:
The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.
The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.