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Child Law

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Child Law

Children are the foundation of a nation’s future. In Nepal, the legal system has evolved significantly to protect the rights of children and ensure their development in a safe, inclusive, and nurturing environment. From constitutional guarantees to specialized child protection laws, Nepal has built a legal framework that aligns with international standards like the UN Convention on the Rights of the Child (CRC).

This article explores the child law in Nepal, covering key legislation, rights, enforcement mechanisms, and challenges in 2025.

Legal Definition of a Child in Nepal

Under Nepalese law, a child is defined as any person below the age of 18 years. This definition is consistent across the Constitution, the Children Act, and international treaties ratified by Nepal.

Constitutional Provisions for Child Rights

The Constitution of Nepal 2072 (2015) enshrines child rights as fundamental rights under Article 39. These include:

  • Right to identity and name

  • Right to education, health, and nutrition

  • Right to protection from exploitation, abuse, and neglect

  • Right to participate in decisions affecting them

  • Right to special protection for children with disabilities, conflict victims, and those at risk

These rights are enforceable by law, meaning any violation can be challenged in court.

Key Legislation Governing Child Law in Nepal

1. Children Act, 2075 (2018)

This is the cornerstone of child protection in Nepal. It replaced the outdated Children Act 2048 and introduced modern, rights-based provisions.

Highlights:

  • Prohibits corporal punishment in schools and homes

  • Establishes child-friendly procedures in courts

  • Regulates child adoption and foster care

  • Mandates child protection committees at local levels

  • Criminalizes child labor, trafficking, and sexual abuse

2. Child Labor (Prohibition and Regulation) Act, 2056

  • Prohibits employment of children below 14 years

  • Regulates working conditions for children aged 14–18

  • Penalizes employers violating child labor laws

3. Juvenile Justice Procedure Rules, 2073

  • Ensures child-friendly justice system

  • Establishes juvenile benches in courts

  • Promotes rehabilitation over punishment

4. Education Act, 2028 (Amended)

  • Guarantees free and compulsory basic education

  • Prohibits discrimination in school enrollment

  • Encourages inclusive education for children with disabilities.

Child law in Nepal is a dynamic and evolving field. With robust constitutional guarantees, progressive legislation, and growing awareness, Nepal is steadily building a safer and more inclusive environment for its children.

However, legal protection must be matched by effective enforcement, community engagement, and resource allocation. Only then can Nepal truly fulfill its promise of safeguarding every child’s right to survive, thrive, and participate.

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