Fundamental rights in Nepal's constitution (part 3) are summarized as follows: The document discusses 48 fundamental rights guaranteed by the Nepali constitution, including the rights to life, freedom, equality, communication, justice, health, education, employment, and remedies. It explains that fundamental rights determine the relationship between the state and its citizens and must be enshrined in law. Independence of the judiciary and democratic principles help safeguard these rights.

1. Fundamental
Rights in Nepal
Parista Desar

2. Introduction
• Fundamental right are those rights which are most
for individual personal development, freedom and
survival.
• These rights are fundamental rights are fundamental
to civil and political right.
• These right are duty recognized and guaranteed by
the constitution.
• Fundamental rights determine the relation between
state and citizen.
• There are also more widely considered as human
right.
• There are usually as absolute right and basic right.

3. How to ensure fundamental
right
• Fundamental right can be ensured by
embody them in a written constitution in
the form of bill of fundamental rights.
• Independence of judiciary is an essential
safeguard of fundamental rights.
• Democracy is a helpful factor in safeguard
rights.
• Citizen must be willing to fight for their
right.

4. Constitution of Nepal -2072
• We can find fundamental right in part 3 of
constitution of Nepal-2072
• Article no 16 to article no 48 of
constitution of Nepal -2072

5. 16.Right to live with dignity
• Every person has a profound need for dignity and
respect.
• They are necessary requirements to a fulfilling life.
• Without them society cannot flourish because, as a
people, we cannot sustain progress if some are left
behind.
• Right to dignity and respect are never based on personal
wealth or privilege.
• They must not be contingent on power or prestige.
• They cannot be the result of personality of popularity .
• They are deserved simply for being a human being ..

6. • A person deserves respect no matter what
stage of life they are in or what is happening
to them at any particular moment.
• It including the right to basic necessities of
life and also the right to carry on such
function and activities as constitute the bare
minimum expression of the human self.
• It includes the right to live in fair and
reasonable conditions, right to rehabilitation
after release, right to live hood by legal
means and decent environment.
• No state has the right to take any action
which will deprive a person of the enjoyment
of these basic essentials .

7. 17. Right to freedom
• Right to freedom is one of the most essential
fundamental right which should be inherited to a
person from the time of her/his birth and should
be allowed to subside throughout her/his life
personality development and living a dignified
life.
• Mainly this right is based on 2 roots.
1. Right to life
2. Right to liberty
• so, as a whole it is right to life and liberty.

8. • It is inalienable and is fundamental among
all fundamental rights.
• It is considered as pillars of human right.
• Right to freedom is identified as natural
right obtained from nature.

9. 18.Right to equality
• Every is equal by birth.
• None should be treated unequally.
• Difference in behave should not be done to
anyone on the basis of caste, colour, class,
gender, ethnicity and religion.
• If we assign special benefit to someone and
ignore or religion rest of all then that is
inequality.

10. • While discussing about equality we should not
forget that equal should be treated equally and
unequal should be treated unequally.
• There are some ingredients of equality they are:
1. Equality before law
2. Equal protection of law
3. Formal equality
4. Substantive equality
5. Positive discrimination

11. 19.Right to communication
• Every citizen has freedom of opinion, expression
and information.
• They shall have right to publish, broadcast or
share any message, information or thought.
• This right ensure that no publication,
broadcasting and press shall be banned,
obstructed, closed, seized or cancelled.
• Right regarding publication, broadcasting and
press prohibits government and other bodies
from making unlawful restriction or censorship
in any means of communication or information.

12. 20.Right relating to justice
• Law should be reasonable and everyone should
get justice according to law.
• As the object of law is the well being of the
whole community it should be equal for unequal
for unequal.
• Every individual should be able to have impartial
justice under the existing judicial system. There
should be equal protection of laws.
• That demand that the judicial process should be
simple and not costly.
• The court should be independent and impartial.

13. 21.Right of victim of crime
• A crime victim means a person who has
been directly and proximately harmed as a
result of the commission of an offense.
• Crime victim need reasonable, accurate ,
and timely notice of any public court
proceeding, right not to be excluded from
any such public court proceeding free from
unreasonable delay and the right to be
treated with fairness and with respect for
the victim's dignity and privacy.

14. 22.Right against torture
• Torture means any kind of inhuman
behavior which involves giving physical or
mental pain or stress.
• No person who is accused shall be given any
cruel, inhuman degrading physical or mental
pain during investigation and such right is
called right against torture.

15. 23.Right against preventive
detention
• If any person is not legally filed case and presented
before court but take in detention then this act is
called as Preventative Detention.
• It is different from imprisonment. The aim of
preventive detention is not to give punishment but to
prevent individual from doing any act.
• The government should not impose preventative
detention to any person or group of person except
when any fair arises in sovereignty, integrity and
harmony of a state.
• The right against Preventive detention is necessary
for securing individual’s right to fair and impartial
Justice and protecting person freedom to movement
and reside.

16. 24.Right against untouchability
and discrimination
• If a person or group of person is treated in a
worse manner and is prohibited from entering
other house or using public property like water
tape, temple, etc. on the basis of their caste,
colour, occupation or religion that act is called as
untouchability and racial discrimination .
• As we all equal, no one is superior and no one is
inferior by our caste, colour, culture, occupation
and religion, the act of discriminating and
practicing untounchability is unlawful and
punishable.
• Law has provide equal protection to all.

17. 25.Right to property
• Property including material and non
material which are owed or aliened to a
person or group of person and Right to
property including the right to possession,
right to enjoy, right destroy, right to retain,
right to alienate these thing.
• Right to property gives emphasis to that no
one’s property can be captured or prevented
from use without authority of law.

18. 26.Right to religion
• All citizen must be guaranteed freedom of
religion and conscience.
• There must not be any interference in their
religious belief.
• They should be allowed to worship in any way
they please provide that it is not against
morality.
• They state should be impartial in religious
matters.
• It should not favor any particular religion.

19. 27.Right to information
• Right to information is the oxygen of
Democracy.
• It’s the duty of each government to inform
people about state affair.
• To make government accountable towards
people and to increase peoples participation,
right to information is essential.
• As information is the source of knowledge
activeness in the life of people and feeling of
nationalism achievement made.
• Respecting right to information,3 organs of
government conduct their function openly.

20. 28.Right to privacy
• The privacy of one’s body, property, document,
letter, character, etc are un-interfere able
accept under the certain legal circumstances.
• Right to privacy is not absolute right because
states can interfere in person by making laws.
• The principle of natural justice has also given
place for night to privacy i.e. right against self-
incrimination, right to silence.
• For living free, un-interfered and dignified life,
right to information is essential.

21. 29.Right against exploitation
• Exploitation means to use other selfishly and unfairly
for one’s advantage.
• There are different kinds of exploitation i.e. economic
exploitation, social exploitation, political exploitation,
cultural exploitation, intellectual exploitation, labor
exploitation, sexual exploitation, etc.
• Exploitation is unlawful and unjustified so every
person have right against exploitation.
• No one can exploit other in the name of custom,
tradition, convention or in any other manner .
• Human trafficking, slavery and bonded labor is
strictly punishable by law.

22. 30.Right to clean environment
• People have right to life and right to growth
and development.
• For this they need to be physically and
mentally fit.
• A state should provide them basic health
facility and clean environment to live.
• If a act of government or any agency
hampers the health of a person or group
people it should pay to compensate them.

23. 31.Right to education
• For the acquisition of knowledge,
enhancement of capabilities and
development of personality education is
most.
• Every citizen or member of state shall have
right to get quality education comes under
the obligation of state.
• It’s the duty of parents or guardians to send
their children's to get education.

24. 32.Right to language and
culture
• For the acquisition of knowledge, enhancement of
capabilities and development of personality education is
most.
• Every citizen or member of state shall have right to get
quality education free of cost up to secondary level.
• To give proper education comes under the obligation of
state.
• It’s the duty of parents or guardians to send their
children's to get education.
• We all shall have right to identity, right to preserve and
promote our knowledge, art, tradition, culture, custom,
language, heritage and way of life which is referred as
cultural right.

25. 33.Right to employment
• A state should work for the protection and
promotion of social and economic wellbeing
of its citizen; it should provide its citizen
opportunity for work according to their
efficiency and interest.

26. 34.Right to labor
• Every citizen has right to work and right to
choose work of interest and efficiency.
• Laborer should be given right to adequate
wage, right to reasonable hours of work.
• Laborer should be given proper dignity
freedom of association and right to collective
bargaining for their economic, social,
physical and mental development.

27. 35.Right relating to health
• People have right to life and right to growth
and development.
• For this they need to be physically and
mentally fit.
• A state should provide them basic health
facility and clean environment to live.
• If a act of government or any agency
hampers the health of a person or group of
person it should pay to compensate them.

28. 36. Right relating to food
• The right to food is human right
protecting the right for people to feed
themselves in dignity, implying that
sufficient food is available, that people
have the means to access it, and that
it adequately meets the individual’s
dietary needs.
• The right to food protects the right of
all human being to be free from
hunger, food insecurity and
malnutrition.

29. • The right to food dose not imply that
government have an obligation to hand out
free food to everyone who wants it, or a
right to be fed.
• However, if people are deprived of access to
food for reasons beyond their control, for
example, because they are in detention, in
time of war or after natural disasters, the
right requires the government to provide
food directly.

30. 36. Right to housing
• Everyone has a fundamental human right to
housing, which ensures access to a safe, secure,
habitable, and affordable home with freedom
from forced eviction.
• It is the government’s obligation to guarantee
that everyone can exercise this right to live in
security, peace, irrespective of income or access
to economic resources.
• Residents should possess a degree of security of
tenure that guarantee protection against forced
evictions, housing must provide certain facilities
essential for health, security, comfort, and
nutrition.

31. 43.Right to social security
• A state should work for the protection and
promotion of social and economic well being
of its citizen.
• Public should take the responsibility of
orphan, disable and unemployed and meet
their needs.
• It should try to fulfill the minimum
requirement of all section of people

32. • Housing must provide residents adequate
space that protects them from cold, damp,
heat, rain, wind, or other threats to health;
structural hazards; and disease.
• Housing should not be built on polluted sites,
or in immediate proximity to pollution
sources that threaten the right to health of
residents.

33. 38.Right of women
• Women occupy more than 50 % of total
population.
• Their literacy rate, participation in development
work and status mechanism is less.
• Their economic and social status is weak.
• Today also in many place women violence,
exploitation and discrimination in the name of
gender is taking place.
• So, to protect them, ensure equitable treatment
to them and to empower them some special
right are provided to them which is called
women’s right.

34. 39. Right of the child
• Children are the future of nation. For their
protection and all round development they
need special right and these right are called
children’s right.
• Children shall be given proper care and be
provided with food, cloth, shelter, health, and
other necessary requirements for their growth
and development.
• To make be progress in life and grow
harmoniously, they should give right
education, amenities for games and sports.

35. • Children shall not be employed in hazardous
work or any factories or mines
• Children have the right to be treated
properly by adults and the orphan, disabled
and handicapped should be taken special
care of.

36. 40. Right of Dalit
• Dalits- literally meaning “broken” people –
at the bottom of caste system.
• Caste system involve the division of people
into a hierarchy of unequal social groups.
• Dalits are discriminated against, denied
access to basic recourse, forced to work in
degrading conditions, and routinely abused.
• Dalits faces multiple form of discrimination,
violence, and exclusion from the rest of
society.

37. 41.Right of senior citizen
• Ageing is a natural process, which inevitably
occurs in human life cycle.
• It bring with a host of challenges in the life
of the elderly, which are mostly engineered
by the changes in their body, mind, through
process and the living patterns.
• The senior citizens constitute a precious
reservoir of such human resource as is gifted
with knowledge of various sorts, varied
experiences and deep insights.

38. • May be they have formally retired, yet an
overwhelming majority of them are
physically fit and mentally alert.
• Hence, given an appropriate opportunity,
they are in a position to make significant
contribution to the socio-economic
development of their nation.
• The state shall, within the limits of economic
capacity and development of their nation.

39. 42.Right to social justice
• There is social justice in a community if
there are means available for equal social
opportunities for the development of
personality by all the people.
• No person shall be deprived of those social
conditions which are essential for herher
development.
• There can be social justice only in the society
where the exploitation of man by man is
absent.

40. 44.Right of the consumer
• Consumer right are generally a reference to a
body of law that pertains to thing the producer
of good must do to protect customers from
harm.
• These law have come into existence through a
series of legal disputes, and have been shaped by
the results of those cases.
• Right to Equality in the Consumer Market and
protection Against Discriminatory Marketing
Practice; right to Privacy; right to choose; right
to Disclosure of information etc.

41. 45. Right against exile
• The mother and motherland are more liked
much more than heaven.
• Every citizens shall have right to pass her/his
whole life over the place where s/he has
born.
• The right against exile is based on the place
that no one shall be forced to leave her/his
nation.

42. 47. Right constitutional
remedy
• For the execution of right and privileges of
people, constitution itself makes some legal
provision and it is called as right to
constitutional remedy.
• It is well-known fact that “if there is no
remedy there is no remedy there is no right
and it is the remedy that make a right
real”.
• Right to constitution remedy provide the
people path for the attainment of
fundamental right and justice.

43. 47.Implementation of
fundamental right
• The state required to make legal provision
for the implementation for the rights
conferred.
• There should 3 years of the commencement
of the constitution.

44. 48.Duties of citizens
• Citizens are the one who are solely
responsible for the development of the
country.
• “the journey of a thousand miles being with
one step ”.So each citizen should try to
become responsible and dedicated towards
her/his nation.
• Every right has a corresponding obligation or
duty. Every citizen is expected to be loyal to
the state.