Nepal’s journey from monarchy to federal democracy has been marked by a growing emphasis on human dignity, equality, and justice. At the heart of this transformation lies the Constitution of Nepal 2072 (2015), which enshrines a comprehensive list of fundamental rights and duties for every citizen.

In this article, we’ll explore the meaning, scope, and practical implications of fundamental rights in Nepal, how they’re protected, and what duties accompany these rights in a modern democratic society.

What Are Fundamental Rights?

Fundamental rights are the basic freedoms and legal guarantees granted to individuals by the constitution. These rights are enforceable by law and are designed to protect citizens from arbitrary actions by the state or other entities.

In Nepal, fundamental rights are not just symbolic—they are actionable, justiciable, and deeply embedded in the legal system.

Constitutional Foundation: Nepal’s Constitution 2072

The Constitution of Nepal 2072, promulgated on 20th September 2015, is the seventh constitution in Nepal’s history and the first to be drafted by a democratically elected Constituent Assembly. It declares Nepal as a secular, inclusive, democratic, and federal republic, and places fundamental rights at the core of its governance model.

Part 3 of the Constitution: Fundamental Rights

Part 3 of the Constitution contains 31 distinct fundamental rights, making it one of the most progressive charters in South Asia. These rights are applicable to all citizens, and some extend to non-citizens as well.

List of Fundamental Rights in Nepal (As per Constitution of Nepal 2072)

Here’s a breakdown of the key rights guaranteed under Part 3:

And many more, including rights related to labor, health, housing, language, culture, and constitutional remedies.

Why Fundamental Rights Matter

Fundamental rights are not just legal jargon—they shape everyday life. Here’s how:

• Education: Every child has the right to free basic education, regardless of background.

• Health: Citizens can demand access to basic healthcare services.

• Equality: LGBTQ+ individuals, Dalits, and marginalized groups are protected under anti-discrimination laws.

• Justice: Anyone can approach the court if their rights are violated.

These rights empower citizens to hold the government accountable and foster a culture of transparency and inclusion.

Enforcement of Fundamental Rights

Fundamental rights are enforceable through the judiciary. If any right is violated, individuals can file a writ petition in the Supreme Court or High Courts under Article 133 and 144 of the Constitution.

Types of Writs Available:

• Habeas Corpus – Protection against unlawful detention

• Mandamus – Directs public officials to perform their duties

• Certiorari – Quashes illegal decisions by authorities

• Prohibition – Prevents lower courts from exceeding jurisdiction

• Quo Warranto – Challenges the legality of a public office holder

Fundamental Rights vs. Directive Principles

While fundamental rights are enforceable by law, Directive Principles of State Policy (Part 4 of the Constitution) are non-justiciable. They guide the government in policymaking but cannot be claimed in court.

However, many directive principles—like social justice, economic equality, and environmental protection—are gradually being converted into enforceable rights through legislation.

Fundamental Duties in Nepal

Rights come with responsibilities. The Constitution also outlines fundamental duties for citizens, though they are not listed in a separate article like in India.

Key Duties Include:

• Respecting the Constitution and laws

• Promoting national unity and harmony

• Protecting the environment

• Educating oneself and others

• Cooperating with public institutions

• Respecting others’ rights and freedoms

While not legally enforceable, these duties are essential for sustaining democratic values and social cohesion.

Challenges in Implementation

Despite constitutional guarantees, several challenges persist:

• Lack of awareness: Many citizens are unaware of their rights

• Judicial delays: Courts are overburdened, leading to slow justice

• Discrimination: Caste, gender, and ethnic biases still exist

• Political interference: Rights enforcement often depends on political will

• Digital divide: Access to information and services is uneven

Role of Civil Society and Legal Professionals

Lawyers, NGOs, and human rights activists play a crucial role in:

• Educating citizens about their rights

• Filing public interest litigations (PILs)

• Monitoring government compliance

• Advocating for legal reforms

If you're facing rights violations, consulting a constitutional lawyer in Nepal can help you navigate the legal system effectively.

Digital Rights and the Future

With increasing digitization, new rights are emerging:

• Right to Internet Access

• Data Protection and Cybersecurity

• Freedom of Expression Online

Nepal’s legal system is gradually adapting to these changes, but comprehensive digital rights legislation is still needed.

Conclusion: Rights Are the Backbone of Democracy

The fundamental rights in Nepal, as guaranteed by the Constitution of Nepal 2072, are not just legal provisions—they are the soul of the republic. They empower citizens, protect minorities, and ensure accountability.

As Nepal continues to evolve politically and socially, the real challenge lies in implementing these rights effectively and educating every citizen about their power and responsibility.