Part 3 – Fundamental Rights and Duties

16. Right to live with dignity: (1) Every person shall have
the right to live with dignity.
(2) No law shall be made providing for the death
penalty to any one.
17. Right to freedom: (1) No person shall be deprived of his
or her personal liberty except in accordance with law.
(2) Every citizen shall have the following
freedoms:
(a) freedom of opinion and expression,
(b) freedom to assemble peaceably and without
arms,
(c) freedom to form political parties,
(d) freedom to form unions and associations,
(e) freedom to move and reside in any part of
Nepal,
(f) freedom to practice any profession, carry on
any occupation, and establish and operate any
industry, trade and business in any part of
Nepal.
Provided that:
(1) Nothing in sub-clause (a) shall be deemed to
prevent the making of an Act to impose
reasonable restrictions on any act which may
undermine the sovereignty, territorial
integrity, nationality and independence of
Nepal or the harmonious relations between
the Federal Units or the people of various
castes, tribes, religions or communities or

incite caste-based discrimination or
untouchability or on any act of disrespect of
labour, defamation, contempt of court,
incitement to an offence or on any act which
may be contrary to public decency or
morality.
(2) Nothing in sub-clause (b) shall be deemed to
prevent the making of an Act to impose
reasonable restrictions on any act which may
undermine the sovereignty, territorial
integrity, nationality and independence of
Nepal or the harmonious relations between
the Federal Units or public peace and order.
(3) Nothing in sub-clause (c) shall be deemed to
prevent the making of an Act to impose
reasonable restrictions on any act which may
undermine the sovereignty, territorial
integrity, nationality and independence of
Nepal, constitute an espionage against the
nation or divulge national secrecy or on any
act of rendering assistance to any foreign
state, organization or representative in a
manner to undermine the security of Nepal or
on an act of treason or on any act which may
undermine the harmonious relations between
the Federal Units or on any act of incitement
to caste-based or communal hatred or on any
act which may undermine the harmonious
relations between various castes, tribes,
religions and communities, or on any act of
acquisition of, or restriction on, membership
of any political party on the basis solely of
tribe, language, religion, community or sex
or on any act of formation of a political party
with discrimination between citizens or on

incitement to violent acts or on any act which
may be contrary to public morality.
(4) Nothing in sub-clause (d) shall be deemed to
prevent the making of an Act to impose
reasonable restrictions on any act which may
undermine the sovereignty, territorial
integrity, nationality and independence of
Nepal, or on any act which may constitute
espionage against the nation or on any act of
divulgence of national secrecy or on any act
assisting any foreign state, organization or
representative in a manner to undermine the
security of Nepal or on an act of treason or on
any act which may undermine the
harmonious relations between the Federal
Units or on any act of incitement to castebased or communal hatred or on any act
which may undermine the harmonious
relations between various castes, tribes,
religions and communities or on incitement to
violent acts or on any act which may be
contrary to public morality.
(5) Nothing in sub-clause (e) shall be deemed to
prevent the making of an Act to impose
reasonable restrictions on any act which may
undermine the interest of the general public
or which may undermine the harmonious
relations between the Federal Units or the
harmonious relations between the peoples of
various castes, tribes, religions or
communities or which may constitute or
incite violent acts.
(6) Nothing in sub-clause (f) shall be deemed to
prevent the making of an Act to prevent any
act which may undermine the harmonious

relations between the Federal Units or any act
which may be contrary to public health,
decency or morality of the general public or
to confer on the State the exclusive right to
undertake any specific industry, trade or
service, or to prescribe any condition or
qualification for carrying on any industry,
trade, occupation, employment or business.
18. Right to equality: (1) All citizens shall be equal before
law. No person shall be denied the equal protection of
law.
(2) No discrimination shall be made in the
application of general laws on grounds of origin,
religion, race, caste, tribe, sex, physical condition,
condition of health, marital status, pregnancy, economic
condition, language or region, ideology or on similar
other grounds.
(3) The State shall not discriminate citizens on
grounds of origin, religion, race, caste, tribe, sex,
economic condition, language, region, ideology or on
similar other grounds.
Provided that nothing shall be deemed to prevent
the making of special provisions by law for the
protection, empowerment or development of the citizens
including the socially or culturally backward women,
Dalit, indigenous people, indigenous nationalities,
Madhesi, Tharu, Muslim, oppressed class, Pichhada
class, minorities, the marginalized, farmers, labours,
youths, children, senior citizens, gender and sexual
minorities, persons with disabilities, persons in
pregnancy, incapacitated or helpless, backward region
and indigent Khas Arya.

Explanation: For the purposes of this Part and Part 4,
“indigent” means a person who earns income less than
that specified by the Federal law.
(4) No discrimination shall be made on the
ground of gender with regard to remuneration and social
security for the same work.
(5) All offspring shall have the equal right to the
ancestral property without discrimination on the ground
of gender.
19. Right to communication: (1) No publication and
broadcasting or dissemination or printing of any news
item, editorial, feature article or other reading, audio and
audio-visual material through any means whatsoever
including electronic publication, broadcasting and
printing shall be censored.
Provided that nothing shall be deemed to prevent
the making of Acts to impose reasonable restrictions on
any act which may undermine the sovereignty, territorial
integrity, nationality of Nepal or the harmonious
relations between the Federal Units or the harmonious
relations between various castes, tribes, religions or
communities, or on any act of treason, defamation or
contempt of court or incitement to an offence, or on any
act which may be contrary to public decency or morality,
on any act of hatred to labour and on any act of
incitement to caste-based untouchability as well as
gender discrimination.
(2) No radio, television, on-line or other form of
digital or electronic equipment, press or other means of
communication publishing, broadcasting or printing any
news item, feature, editorial, article, information or other
material shall be closed or seized nor shall registration
thereof be cancelled nor shall such material be seized by
the reason of publication, broadcasting or printing of

such material through any audio, audio-visual or
electronic equipment.
Provided that nothing contained in this clause shall
be deemed to prevent the making of an Act to regulate
radio, television, online or any other form of digital or
electronic equipment, press or other means of
communication.
(3) No means of communication including the
press, electronic broadcasting and telephone shall be
interrupted except in accordance with law.
20. Rights relating to justice: (1) No person shall be detained
in custody without informing him or her of the ground
for his or her arrest.
(2) Any person who is arrested shall have the
right to consult a legal practitioner of his or her choice
from the time of such arrest and to be defended by such
legal practitioner. Any consultation made by such person
with, and advice given by, his or her legal practitioner
shall be confidential.
Provided this clause shall not apply to a citizen
of an enemy state.
Explanation: For the purpose of this clause, “legal
practitioner” means any person who is authorized by law
to represent any person in any court.
(3) Any person who is arrested shall be produced
before the adjudicating authority within a period of
twenty-four hours of such arrest, excluding the time
necessary for the journey from the place of arrest to such
authority; and any such person shall not be detained in
custody except on the order of such authority.

Provided that this clause shall not apply to a person
held in preventive detention and to a citizen of an enemy
state.
(4) No person shall be liable for punishment for
an act which was not punishable by the law in force
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.
(5) Every person charged with an offence shall be
presumed innocent until proved guilty of the offence.
(6) No person shall be tried and punished for the
same offence in a court more than once.
(7) No person charged with an offence shall be
compelled to testify against himself or herself.
(8) Every person shall have the right to be
informed of any proceedings taken against him or her.
(9) Every person shall have the right to a fair trial
by an independent, impartial and competent court or
judicial body.
(10) Any indigent party shall have the right to free
legal aid in accordance with law.
21. Right of victim of crime: (1) A victim of crime shall
have the right to get information about the investigation
and proceedings of a case in which he or she is the
victim.
(2) A victim of crime shall have the right to
justice including social rehabilitation and compensation
in accordance with law.
22. Right against torture: (1) No person who is arrested or
detained shall be subjected to physical or mental torture
or to cruel, inhuman or degrading treatment.