Democratic practice, privacy and foe in nepal This documents scopes out the pros and con of the Right to Privacy bill in Nepal and also talks about the new amendments of Nepal government in the civil code act

1. Democratic Practice, Privacy and FoE in Nepal 2018
Right to Privacy Bill
The Right to Privacy bill has been drafted by the Nepal Law Commission ensuring various conditions and
aspect of safeguarding the Right to privacy of General public in context of safeguarding the
constitutional Rights. The first draft is out and will be enacted by the Parliament by September 19, the
deadline set by the constitution. Some of the issues covered are given as below:
Safeguarding the right to privacy of the general public there is a provision of jail sentence up to three
years or fine up to NRs 30,000 or both for violating individual’s right to privacy.
The Article 28 of the constitution has been thumb nailed, ” The privacy of any person, his or her
residence, property, documents, data, correspondences and matters related to character shall, except in
accordance with law, be inviolable ensuring aggrieved parties for reasonable compensation.
1. The individual’s private details kept with government bodies shall not be publicized without
consent. It prohibits publication of individuals’ personal details such as citizenship, passport,
driving license, academic qualifications, medical report, bank details including cheque, draft,
thumb print, land ownership certificates, pension and voter identity card without consent.
2. The bill also proposes to keep individuals’ property, income, political affiliation, election and
business confidential. However, the bill proposes that the government can publish details of
public officers’ property in the gazette. Details related to public officers’ posts, duties and terms
and conditions of service cannot remain confidential.
3. It prohibit unrelated persons from reading or publishing other’s letters and emails.
4. Prohibits taking individual’s photo without his/her permission and recording telephone
conversation between individuals without their consent.
5. It prohibits unreasonable search and seizure of individual’s house and installation of CCTV
cameras in others’ houses without the owners’ permission. Letters written by individuals will
also be confidential unless the person gives up his/her right and the government has valid
reasons for sharing those details with others.
6. It prohibits recording conversation or exchange of letters between two persons but such
restriction will not apply to conversations already made public.
7. Trespassing into others’ property will be a violation of right to privacy.
Article 28 of Constitution of Nepal states, “Right to privacy: The privacy of any person, his or her
residence, property, document, data, correspondence and matters relating to his or her character shall,
except in accordance with law, be inviolable. ”
Suggestion and recommendation
1. The bill lacks the proper management of Data protection and governance in context of user data
and BIG data management which is immensely important and should be a priority
2. Data in context of public place and CCTV needs to be defined in a more practical way giving
emphasis to safeguarding personal right
3. Cross broader data and processing laws needs to be adapted
4. The concept of open data needs to be standardized practice and as per international values

2. Democratic Practice, Privacy and FoE in Nepal 2018
Civil code Act:
1. The civil code has incorporated provisions of private intentional law for the first time stating,
among other things, that if a divorce between Nepali citizens and between a Nepali citizen and a
foreigner takes place in a foreign country, then it can get legal validity in Nepal if the divorce
process is based on the laws of that particular country.
2. It gives a divorced woman the right to use the property she will receive from her former
husband even if she remarries, which is not the case under the existing law. The new law also
allows a woman the right to use her father’s surname, the surname of her mother or husband or
both surnames.
3. It has provisions relating to usufruct, whereby a person can give his/her property to somebody
who can use it as his/her own property but cannot change the substance of the property
without the consent of the owner.
4. The new law stipulates that an owner of an animal will be held responsible if the animal inflicts
harm to others.
5. It gives extraterritorial jurisdiction to courts whereby if a crime is committed against a ship
registered in Nepal then the courts can try the accused if s/he is found within Nepal.
6. It stipulates that the punishment of offenders who are sentenced to jail for one year or less can
be suspended if the court deems it appropriate to do so.
7. There is provision of plea bargain — a theory widely used in the American criminal justice
system — as a general rule for the first time in Nepal’s criminal justice system. An accused can
get punishment waiver of up to 50 per cent if s/he confesses to her/his crimes and also spills the
beans on other offenders or the main offender or the organized group involved in the crime.
8. The court will conduct hearing on the quantum of punishment within a month after the crime is
determined. Penal code also stipulates that aggravating and mitigating circumstances/factors
should be taken into account in sentencing.
Under the Sections 293 to 308 has been clearly guided the new rules and regulation related privacy
and defamation and if proven guilty there is three years of imprisonment.
1. The Section 293 clearly states that listening or recording conversations between two or more
people without consent or authority is illegal. And if proven guilty the person can be face up to
two years of imprisonment and/or NRs. 20,000 fine.
2. Section 294 highlights issue of publicizing private information of others found during
professional works without consent or authority. If proven guilty the law has a provision of one
year imprisonment and/or NRs. 10,000 fine.
3. In the Section 295 clearly states that taking photos without consent is illegal and are punishable
by two years imprisonment. It also clarifies that sharing or selling photos or publication of
photos for commercial purpose without the consent is illegal and is punishable.
4. Section 298 prohibits unauthorized sharing of information or messages on an electronic medium
and publishing them.
Similarly, Section 305 prohibits slander; Section 306 prohibits libel, including those in satirical ways.
Section 307 states that slander and libel are punishable by up to two years in prison, and lander and libel
through electronic or mass media are punishable by further one year.

3. Democratic Practice, Privacy and FoE in Nepal 2018
Criminal Code Act
1. Life term for aggravated murder (such as killing somebody after hijacking or exploding a plane),
genocide, poisoning death, murder and aggravated rape and genocide
2. Jail sentence not exceeding seven years and a fine not exceeding NRs 70,000 for raising arms
against a friendly country of Nepal or issuing a war threat, or making attempts of war or
rebellion against a friendly country
3. Jail term not exceeding 10 years and a fine not exceeding NRs 100,000 for transmitting HIV and
Hepatitis B to anybody
4. Jail term not exceeding five years and a fine not exceeding NRs 50,000 for producing, selling and
exporting adulterated or substandard food and beverage
5. Jail term not exceeding three months and a fine not exceeding NRs 5,000 for scribbling or
writing on banknotes
6. Jail term up to three months and a fine up to NRs 5,000 for animal and bird cruelty
Former chief justices Kalyan Shrestha and Khil Raj Regmi headed the criminal code drafting panel and
civil code drafting panel.
Shreedeep Rayamajhi