Constitution of Nepal 2015

Country/entity
Nepal
Region
Asia and Pacific
Agreement name
Constitution of Nepal 2015
Date
20/09/2015
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Nepalese Insurgency (1996 - 2006)
Inspired by the Maoist insurgency in Peru in the early 1990s, the Communist Party of Nepal (Maoist) – CPN(M) – declared war on the Nepalese government in February 1996. A key demand was the transformation of Nepal from a monarchy into a ‘People’s Republic’. Following a pronounced Maoist military strategy, the CPN(M) focused their insurgency on the rural areas. They gained significantly in strength and it took heavy international military support to stabilize the Nepalese government in 2002. After public protests escalated in Kathmandu in 2004, the Nepalese King Gyanendra took authoritarian control over the government. In the cities, a strong popular movement for democracy emerged, forcing the government into fast progressing peace negations in 2006 that concluded with the signing of a Comprehensive Peace Accord on 21 November 2006.
Nepalese Insurgency (1996 - 2006) )
Stage
Framework/substantive - comprehensive (Constitution)
Conflict nature
Government
Peace process
88: Nepal peace process
Parties
Unsigned but passed by Nepal's Elected Constituent Assembly
Third parties
Description
Nepal's final approved constitution. The agreement covers a range of issues including state definition, governance reform, legal and judicial reform, elections, human rights, corruption, finance, and national security.

Agreement document
NP_150920_Nepal Constitution.pdf

Main category
Page 4, Preamble:...Embracing multi-caste, multi-lingual, multi-cultural and diverse geographical specificities, by ending discriminations relating to class, caste, region, language, religion and gender discrimination including all forms of racial untouchability, in order to protect and promote unity in diversity, social and cultural solidarity, tolerance and harmonious attitudes, we also express our determination to create an egalitarian society on the basis of the principles of proportional inclusion and participation, to ensure equitable economy, prosperity and social justice,

Page 7, Part 2 Citizenship, 11. To be deemed citizen of Nepal:
(2) At the commencement of this Constitution, the following persons who have their permanent domicile in Nepal shall be deemed citizens of Nepal by descent:
...(b) Any person whose father or mother was a citizen of Nepal at the birth of such person.
(3) A child of a citizen who has acquired the citizenship of Nepal by birth before the commencement of this Constitution, shall acquire the citizenship of Nepal by descent after becoming adult if his/her father and mother are both citizens of Nepal.
(4) Every child who is found in Nepal and whose parents’ identity is not known shall, until the father or mother of the child is traced, be deemed citizen of Nepal by descent.
(5) A person, born in Nepal to a Nepali citizen mother, who has domicile in Nepal and whose father is not identified, shall be granted citizenship of Nepal by descent.
Provided that in case his/her father is proved to be a foreign citizen the citizenship of such a person shall be converted into naturalized citizenship as provided for by the federal law.
(6) If a foreign woman married to a Nepali citizen so wishes, she may acquire naturalized citizenship of Nepal as provided for by the federal law.

Page 8, Part 2 Citizenship, 11. To be deemed citizen of Nepal: (7) Notwithstanding anything contained elsewhere in this Article, in case of a person born to a Nepali woman citizen married to a foreign citizen, who has permanent domicile in Nepal and has not acquired citizenship of a foreign country, he/she may acquire naturalized citizenship of Nepal as provided for by the federal law.
Provided that at the time of acquisition of citizenship, both his/her mother and father are citizens of Nepal such person born in Nepal may acquire citizenship of Nepal by descent.

Page 8, Part 2 Citizenship, 12. Citizenship based on descent and gender identity: According to this Constitution, a person who acquires citizenship of Nepal by descent may obtain citizenship certificate of Nepal in the name of his/her mother or father with gender identity

Page 8, Part 2 Citizenship, 14. Non-resident Nepali citizenship may be granted: A person who has acquired citizenship of a foreign country and who resides in a country other than a country member of South Asian Association for Regional Cooperation and who previously himself or herself or his/her father or mother, grandfather or grandmother was a citizen of Nepal by descent or by birth and who later acquired the citizenship of a foreign country may be granted non-resident citizenship of Nepal allowing him/her to enjoy the economic, social and cultural rights as provided for by the federal law.

Page 9, Part 3 Fundamental Rights and Duties, 17. Right to Freedom: (3) Nothing in section (c) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, indivisibility or Nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize Nepal’ security, or an act of treason, or an act that undermines the harmonious relations subsisting between federal units, or instigates communal animosity, or jeopardizes the harmonious relations subsisting among different caste, ethnicity, religious groups and communities, or an act of acquiring or depriving the membership of a political party only on the grounds of caste, language, religion, community or gender, or the formation of a political party that creates discrimination against citizens, or an act that incites violence, or is contrary to decent public behavior.

Page 10, Part 3 Fundamental Rights and Duties, 18. Right to equality:
...(2) There shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonial status, pregnancy, economic condition, language or geographical region, or ideology or any other such grounds.
(3) The state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters.
Provided that nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the Khas Arya.
Explanation: With reference to this Part and Part 4, “financially deprived” means the person having the income less than prescribed in the Federal law.
(4) There shall not be any gender discriminations regarding remuneration for the same work and social security.
(5) There shall be no gender discrimination regarding the right to parental property with regard to all family members.

Page 11, Part 3 Fundamental Rights and Duties, 19. Right to communication: (1) There shall be no prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article, feature, or other reading material, or the use of audio-visual material by any medium, including electronic publication, broadcasting and printing.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restriction on any act which may ...incites untouchability or gender discriminations.

Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women: (1) Every woman shall have equal right to lineage without any gender discriminations.
(2) Every woman shall have the right relating to safe motherhood and reproductive health.
(3) There shall not be any physical, mental, sexual or psychological or any other kind of violence against women, or any kind of oppression based on religious, social and cultural tradition, and other practices. Such an act shall be punishable by law and the victim shall have the right to be compensation as provided for in law.
(4) Women shall have the right to access participate in all state structures and bodies on the basis of the principle of proportional inclusion.
(5) Women shall have the right to special opportunity in the spheres of education, health, employment and social security on the basis of positive discrimination.
(6) Both the spouses shall have equal rights in property and family affairs

Page 18, Part 3 Fundamental Rights and Duties, 40. Right of Dalits: (7) The facilities provided to the Dalit community according to this Article, shall have to be justly distributed to Dalit women and men and all the Dalit communities living in different parts of the country, ensuring that all Dalits receive the facilities proportionally.

Page 18, Part 3 Fundamental Rights and Duties, 42. Right to social justice: (1) Socially backward women, Dalits, Adibasi, Janajati, Adibasi Janajati, Madhesi, Tharu, minority groups, persons with disability, marginalized groups, Muslim, backward classes, gender and sexually minority groups, youths, peasants, laborers, the oppressed and the citizens of backward regions, and economically poor Khas Arya shall have the right to employment in state structures on the basis of the principle of inclusion.
...
43. Right to social security: Economically poor, physically incapacitated and helpless person, helpless single women, persons with physical impairment, children, persons who cannot look after themselves and the citizens who belong to communities that are on the verge of extinction, shall have the right to social security as provided for by law.

Page 20, PART 4 Directive Principles, Policies and Responsibilities of the State, 50. Directive Principles: (1) It shall be the political objective of the State to strengthen a federal democratic republican system to ensure an atmosphere where democratic rights are exercised by acknowledging sovereignty, independence and integrity of the country to be of utmost importance; by protecting freedom, equality, property and all citizens through rule of law; by embracing the norms and values of fundamental rights and human rights, gender equality, proportional inclusion, participation and social justice; and by maintaining a just system in all spheres of national life in order to establish a government system aimed at public welfare, while maintaining relations between federal units on the basis of cooperation between them, and internalizing the principle of inclusion in the governance system on the basis of local autonomy and decentralization,

Page 22, PART 4 Directive Principles, Policies and Responsibilities of the State, Policies regarding the basic needs of citizens: (10) It shall be the policy of the State to increase general life expectancy by decreasing maternity-infant mortality rate by encouraging family planning population management based on the need and capacity of the country.

Page 27, PART 4 Directive Principles, Policies and Responsibilities of the State, 51. State policies, Policies regarding social justice and inclusion:(1) Making appropriate arrangements of livelihoods by prioritizing employment for single women who are in helpless conditions on the basis of skill, capability and merit.
(2) Making women self reliant who are vulnerable, victims of conflict, excluded by family and the society, by making necessary arrangements of rehabilitation, protection and empowerment for them.
(3) Ensuring the use of necessary services and facilities during the reproductive stage.
...(12) Giving priority to the very poor within all communities, regions, and gender, while providing social security and social justice.
(13) Making a well planned investment in sports and sports men and women in order to produce healthy, able and disciplined citizens and developing sports as a medium of consolidating national unity and promoting national prestige in the international arena.

Page 35, PART 6 President and vice-President, 70. President and Vice-President to belong to different gender or community: While conducting election of the President and Vice-President under this constitution, the election shall be held so as to represent different gender or communities.

Page 40, PART 8 Federal Parliament, 84. Constitution of House of Representatives: (2) Provision shall be made according to Federal law for the representation of political parties to file candidacy for the election of the House of Representatives for proportional representation system through closed list of women, Dalit, Adibasi Janajati, Khas Arya, Madhesi, Tharu, Muslim, and backward regions. Balance in geography and province shall be considered for such candidacy.
...(8)Notwithstanding anything contained elsewhere in this Article, women should account for at least one third of total members elected from each party in Federal Parliament. In case, one-third percentage of women are not elected while being elected under section (a) of clause (1), and section (a), clause (2) of Article 84, the party that fails to ensure one- third representation shall have to elect at least one-third of total numbers as woman in the Federal Parliament while electing members under section (b) of clause (1).

Page 41, PART 8 Federal Parliament, 86. Constitution of National Assembly and terms of members:(2) There shall be fifty-nine members in the National Assembly as follows:
(a) Fifty six members elected from an Electoral College comprising members of Provincial Assembly and chairpersons and vice- chairpersons of Village councils and Mayors and Deputy Mayors of Municipal councils, with different weights of votes for each, with eight members from each province, including at least three women, one Dalit, one person with disability or minority;
(b) Three members, including at least one woman, to be nominated by the President on the recommendation of Government of Nepal.

Page 43, PART 8 Federal Parliament, 91. Speaker and Deputy-Speaker of the House of Representatives: (2) While electing Speaker and Deputy Speaker as per clause (1), either Speaker or Deputy Speaker shall be a woman and belong to different parties.

Page 43, PART 8 Federal Parliament, 92. Chairperson and Vice-Chairperson of National Assembly: (2) While electing as per clause (1), either Chairperson or Vice chairperson Chairman of the National Assembly shall be a woman.

Page 77, PART 14 Provincial Legislature, 176. Formation of the Provincial Assembly: (6) The representation of women, Dalit, indigenous, indigenous nationalities, Khas Arya, Madhesi, Muslim, backward region and minorities community on the basis of geography and population in the nominations filed by the political parties for the election to be held for the Provincial Assembly through the proportional representation (PR) election system shall be made on the basis of closed list in accordance with Federal law.
...(9) Notwithstanding anything contained elsewhere in this Article, at least one third of the total number of members to be elected from each political party to the Provincial Assembly shall have to be women. In case at least one third of the candidates elected from a political party pursuant to section (a) of clause (1) are not women, the political party shall have to make provision of electing at least one third women while electing members pursuant to section (b) of the same clause.

Page 79, PART 14 Provincial Legislature, 182. Speaker and Deputy Speaker of the Provincial Assembly: (2) While electing speaker and deputy speaker as per clause (1), either of Speaker or Deputy Speaker shall be woman and they shall belong to different parties. Provided that if not more than one party is represented in the Provincial Assembly or candidacy has not been registered even with the presence of more than one party, it shall not obstruct the Speaker and Deputy Speaker being from the same party.

Page 89, PART 17 Local Executive, 215. Provisions related to Head and Deputy Head of Village Executive: (4) Four women members that are elected by the Village Assembly members from among themselves and two persons elected from the Dalit or minority community with qualifications pursuant to Clause (5) below shall also be members of the Village executive and this election shall be held within 15 days following the final result of the election of Village Assembly as per Article 222.

Page 90, PART 17 Local Executive, 216. Provisions related to Mayor and Deputy Mayor of Municipality: (4) Five women members that are elected by the Municipal Assembly members from among themselves and three persons elected from the Dalit or minority community with qualifications pursuant to Clause (5) below shall also be members of the Municipal executive and this election shall be held within 15 days following the final result of the election of Municipal Assembly as per Article 223

Page 92, PART 17 Local Executive, 220. District Assembly and District Co-ordination Committee: (3) The District Assembly shall, pursuant to Provincial laws, elect a District Coordination Committee with a maximum of nine members including a Head, a Deputy Head, at least three women and at least one person from the Dalit or minority community. The District Coordination Committee shall execute all tasks to be carried out on behalf of the District Assembly.

Page 93, PART 18 Local Legislature, 222. Formation of Village Assembly: (3) The Village Assembly to be constituted pursuant to Clause (1) shall have the representation of at least two women from every Ward of the Village Council.

Page 94, PART 18 Local Legislature, 223. Constitution of Municipal Assembly: (3) The Municipal Assembly to be constituted pursuant to Clause (1) shall have the representation of at least two women from every Ward of the Municipality.

Page 117, PART 27, Other Commissions, 252. National Women Commission: [summary: This provision establishes the National Women Commission, and outlines the procedures and qualifications, remuneration and conditions of service for membership of the commisssion and appointment of the chairperson. The functions duties and powers of the Commission are also listed. These include the formulation, review and evaluation of policies and programmes related to women's welfare; carrying out research on gender-related issues; making recommendations to bodies to lodge petitions in court on matters relating to gender discrimination and violence against women; and the right to establish offices in the provinces.]

[Summary: For general mechanisms and procedures relating to constitutional bodies see NHRI.]

Page 125, PART 28 Provision regarding National Security, 267. Provision relating to Nepal Army: (3) The entry of women, Dalit, indigenous community, Khash Arya, Madhesi, Tharu, Muslim, people of backward class and backward region shall be ensured in Nepal Army, based on the principle of equality and principles of inclusion as provided for in the Federal law.

Page 134, Part 32 Miscellaneous, 281. Review and revision of Special Powers: The Government of Nepal shall review and revise, along with census of every ten years, the provisions regarding special rights of the women and Dalit community and its implementation and effectiveness based on human development index.

Page 147, Part 34 Definitions and Interpretations, 306. Definitions and Interpretations: (1) Unless the subject or context otherwise requires, in this Constitution:-
...(l) “Constitutional body” means Commission for Investigation of Abuse of Authority, Auditor General, Public Service Commission, Election Commission, National Human Rights Commission, National Natural Resources and Finance Commission [sic], National Women Commission, National Dalit Commission, National Inclusion Commission, Adibasi Janajati Commission, Madheshi Commission, Tharu Commission and Muslim Commission established in accordance with this Constitution.

Page 152, SCHEDULE 2 (RELATED TO CLAUSE (1), ARTICLE 9) National Anthem of Nepal:...this beloved land of ours, our motherland Nepal.

Women, girls and gender

Participation
Gender quotas
Page 40, PART 8 Federal Parliament, 84. Constitution of House of Representatives
...
(8) Notwithstanding anything contained elsewhere in this Article, women should account for at least one third of total members elected from each party in Federal Parliament. In case, one-third percentage of women are not elected while being elected under section (a) of clause (1), and section (a), clause (2) of Article 84, the party that fails to ensure one- third representation shall have to elect at least one-third of total numbers as woman in the Federal Parliament while electing members under section (b) of clause (1).

Page 41, PART 8 Federal Parliament, 86. Constitution of National Assembly and terms of members: (2) There shall be fifty-nine members in the National Assembly as follows:
(a) Fifty six members elected from an Electoral College comprising members of Provincial Assembly and chairpersons and vice- chairpersons of Village councils and Mayors and Deputy Mayors of Municipal councils, with different weights of votes for each, with eight members from each province, including at least three women, one Dalit, one person with disability or minority;
(b) Three members, including at least one woman, to be nominated by the President on the recommendation of Government of Nepal.

Page 43, PART 8 Federal Parliament, 91. Speaker and Deputy-Speaker of the House of Representatives:
(2) While electing Speaker and Deputy Speaker as per clause (1), either Speaker or Deputy Speaker shall be a woman and belong to different parties.

Page 43, PART 8 Federal Parliament, 92. Chairperson and Vice-Chairperson of National Assembly
(2) While electing as per clause (1), either Chairperson or Vice chairperson Chairman of the National Assembly shall be a woman.

Page 77, PART 14 Provincial Legislature, 176. Formation of the Provincial Assembly:
...
(9) Notwithstanding anything contained elsewhere in this Article, at least one third of the total number of members to be elected from each political party to the Provincial Assembly shall have to be women. In case at least one third of the candidates elected from a political party pursuant to section (a) of clause (1) are not women, the political party shall have to make provision of electing at least one third women while electing members pursuant to section (b) of the same clause.

Page 79, PART 14 Provincial Legislature, 182. Speaker and Deputy Speaker of the Provincial Assembly
...
(2) While electing speaker and deputy speaker as per clause (1), either of Speaker or Deputy Speaker shall be woman and they shall belong to different parties.

Page 89, PART 17 Local Executive, 215. Provisions related to Head and Deputy Head of Village Executive:
...
(4) Four women members that are elected by the Village Assembly members from among themselves and two persons elected from the Dalit or minority community with qualifications pursuant to Clause (5) below shall also be members of the Village executive and this election shall be held within 15 days following the final result of the election of Village Assembly as per Article 222.

Page 90, PART 17 Local Executive, 216. Provisions related to Mayor and Deputy Mayor of Municipality:
...
(4) Five women members that are elected by the Municipal Assembly members from among themselves and three persons elected from the Dalit or minority community with qualifications pursuant to Clause (5) below shall also be members of the Municipal executive and this election shall be held within 15 days following the final result of the election of Municipal Assembly as per Article 223

Page 92, PART 17 Local Executive, 220. District Assembly and District Co-ordination Committee:
...
(3) The District Assembly shall, pursuant to Provincial laws, elect a District Coordination Committee with a maximum of nine members including a Head, a Deputy Head, at least three women and at least one person from the Dalit or minority community. The District Coordination Committee shall execute all tasks to be carried out on behalf of the District Assembly.

Page 93, PART 18 Local Legislature, 222. Formation of Village Assembly:
...
(3) The Village Assembly to be constituted pursuant to Clause (1) shall have the representation of at least two women from every Ward of the Village Council.

Page 94, PART 18 Local Legislature, 223. Constitution of Municipal Assembly:
...
(3) The Municipal Assembly to be constituted pursuant to Clause (1) shall have the representation of at least two women from every Ward of the Municipality.

Effective participation
Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women:
...
(4) Women shall have the right to access participate in all state structures and bodies on the basis of the principle of proportional inclusion.

Page 40, PART 8 Federal Parliament, 84. Constitution of House of Representatives
...
(2) Provision shall be made according to Federal law for the representation of political parties to file candidacy for the election of the House of Representatives for proportional representation system through closed list of women, Dalit, Adibasi Janajati, Khas Arya, Madhesi, Tharu, Muslim, and backward regions. Balance in geography and province shall be considered for such candidacy.

Page 77, PART 14 Provincial Legislature, 176. Formation of the Provincial Assembly:
...
(6) The representation of women, Dalit, indigenous, indigenous nationalities, Khas Arya, Madhesi, Muslim, backward region and minorities community on the basis of geography and population in the nominations filed by the political parties for the election to be held for the Provincial Assembly through the proportional representation (PR) election system shall be made on the basis of closed list in accordance with Federal law.

Other
Page 31, PART 6 President and vice-President, 70. President and Vice-President to belong to different gender or community: While conducting election of the President and Vice-President under this constitution, the election shall be held so as to represent different gender or communities.
Equality
Equality (general)
Page 4, Preamble:
...
Embracing multi-caste, multi-lingual, multi-cultural and diverse geographical specificities, by ending discriminations relating to class, caste, region, language, religion and gender discrimination including all forms of racial untouchability, in order to protect and promote unity in diversity, social and cultural solidarity, tolerance and harmonious attitudes, we also express our determination to create an egalitarian society on the basis of the principles of proportional inclusion and participation, to ensure equitable economy, prosperity and social justice...

Page 9, Part 3 Fundamental Rights and Duties, 17. Right to Freedom: (3) Nothing in section (c) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, indivisibility or Nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize Nepal’ security, or an act of treason, or an act that undermines the harmonious relations subsisting between federal units, or instigates communal animosity, or jeopardizes the harmonious relations subsisting among different caste, ethnicity, religious groups and communities, or an act of acquiring or depriving the membership of a political party only on the grounds of caste, language, religion, community or gender, or the formation of a political party that creates discrimination against citizens, or an act that incites violence, or is contrary to decent public behavior.

Page 10, Part 3 Fundamental Rights and Duties, 18. Right to equality:
...
(2) There shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonial status, pregnancy, economic condition, language or geographical region, or ideology or any other such grounds.

Page 10, Part 3 Fundamental Rights and Duties, 18. Right to equality:
...
(3) … (3) The state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters. Provided that nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the Khas Arya.

Page 11, Part 3 Fundamental Rights and Duties, 19. Right to communication: (1) There shall be no prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article, feature, or other reading material, or the use of audio-visual material by any medium, including electronic publication, broadcasting and printing.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restriction on any act which may undermine the nationality, sovereignty, and indivisibility of Nepal, or the good relations between federal units, or jeopardizes the harmonious relations subsisting among different caste groups and tribes, or communities, or an act of treason, or defamation of social dignity of individuals through the publication and dissemination of false material, or contempt of court, or material that incites criminal offence, or an act that is contrary to decent public behavior and morality, or disrespects labor, or incites untouchability or gender discriminations.

Page 20, PART 4 Directive Principles, Policies and Responsibilities of the State, 50. Directive Principles
(1) It shall be the political objective of the State to strengthen a federal democratic republican system to ensure an atmosphere where democratic rights are exercised by acknowledging sovereignty, independence and integrity of the country to be of utmost importance; by protecting freedom, equality, property and all citizens through rule of law; by embracing the norms and values of fundamental rights and human rights, gender equality, proportional inclusion, participation and social justice...

Page 125, PART 28 Provision regarding National Security, 267. Provision relating to Nepal Army:
...
(3) The entry of women, Dalit, indigenous community, Khash Arya, Madhesi, Tharu, Muslim, people of backward class and backward region shall be ensured in Nepal Army, based on the principle of equality and principles of inclusion as provided for in the Federal law.
Social equality
Page 10, Part 3 Fundamental Rights and Duties, 18. Right to equality:
...
(3) The state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters. Provided that nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the Khas Arya.

Page 10, Part 3 Fundamental Rights and Duties, 18. Right to equality:
...
(4) There shall not be any gender discriminations regarding remuneration for the same work and social security.
(5) There shall be no gender discrimination regarding the right to parental property with regard to all family members.

Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women:
(1) Every woman shall have equal right to lineage without any gender discriminations.
...
(5) Women shall have the right to special opportunity in the spheres of education, health, employment and social security on the basis of positive discrimination.

Page 18, Part 3 Fundamental Rights and Duties, 42. Right to social justice:
(1) Socially backward women, Dalits, Adibasi, Janajati, Adibasi Janajati, Madhesi, Tharu, minority groups, persons with disability, marginalized groups, Muslim, backward classes, gender and sexually minority groups, youths, peasants, laborers, the oppressed and the citizens of backward regions, and economically poor Khas Arya shall have the right to employment in state structures on the basis of the principle of inclusion.

Page 18, Part 3 Fundamental Rights and Duties, 43. Right to social security
Economically poor, physically incapacitated and helpless person, helpless single women, persons with physical impairment, children, persons who cannot look after themselves and the citizens who belong to communities that are on the verge of extinction, shall have the right to social security as provided for by law.

Page 27, PART 4 Directive Principles, Policies and Responsibilities of the State, 51. State policies, Policies regarding social justice and inclusion:
(1) Making appropriate arrangements of livelihoods by prioritizing employment for single women who are in helpless conditions on the basis of skill, capability and merit.
...
(3) Ensuring the use of necessary services and facilities during the reproductive stage.
...
(12) Giving priority to the very poor within all communities, regions, and gender, while providing social security and social justice.
Particular groups of women
Pregnancy/maternity
Page 10, Part 3 Fundamental Rights and Duties, 18. Right to equality: ...(2) There shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonial status, pregnancy, economic condition, language or geographical region, or ideology or any other such grounds.

Page 10, Part 3 Fundamental Rights and Duties, 18. Right to equality:
… (3) The state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters. Provided that nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated an

Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women: (1) Every woman shall have equal right to lineage without any gender discriminations. (2) Every woman shall have the right relating to safe motherhood and reproductive health.

Page 22, PART 4 Directive Principles, Policies and Responsibilities of the State, Policies regarding the basic needs of citizens: (10) It shall be the policy of the State to increase general life expectancy by decreasing maternity-infant mortality rate by encouraging family planning population management based on the need and capacity of the country.
Other
Page 14, Part 3 Fundamental Rights and Duties, 40. Right of Dalits: (7) The facilities provided to the Dalit community according to this Article, shall have to be justly distributed to Dalit women and men and all the Dalit communities living in different parts of the country, ensuring that all Dalits receive the facilities proportionally.
International law
No specific mention.
New institutions
Institutions for women
Page 117, PART 27, Other Commissions, 252. National Women Commission:
(1) There shall be a National Women Commission in Nepal consisting of a Chairperson and four other members.

Page 117, PART 27, Other Commissions, 252. National Women Commission:
...
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Women Commission.

Page 117, PART 27, Other Commissions, 252. National Women Commission:
...
(3) The term of office of the Chairperson and other members shall be six years from the date of appointment.

Page 117, PART 27, Other Commissions, 252. National Women Commission:
...
(4) Notwithstanding anything contained in Clause (3), the office of the Chairperson and members of National Women Commission shall be deemed vacant in the following circumstances:
(a) if she submits written resignation to the President,
(b) if she attains the age of sixty five,
(c) if a motion of impeachment is passed against her as per Article 101,
(d) if she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness.
(e) if she dies.

Page 117, PART 27, Other Commissions, 252. National Women Commission:
...
(5) The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment. Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.

Page 117, PART 27, Other Commissions, 252. National Women Commission:
...
(6) Any person who possesses the following qualifications is eligible to be appointed as the Chairperson or member of National Women Commission:-
(a) a woman who has made a significant contribution for the rights, interest of women or gender justice or women development or in the field of human rights and law for at least ten years,
(b) holds a Bachelor's Degree from a recognized university in case of the Chairperson,
(c) has attained the age of forty-five,
(d) is not a member of any political party immediately before the appointment, and
(e) possesses high moral character,

Page 118, PART 27, Other Commissions, 252. National Women Commission:
...
(7) The remuneration and other conditions of service of the Chairperson and other members of the National Women Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the member of the National Women Commission shall not, so long as they hold office, be altered to their disadvantage.
Provided that, this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.

Page 118, PART 27, Other Commissions, 252. National Women Commission:
...
(8) A person who has been the Chairperson or member of National Women Commission shall not be eligible for appointment in other Government Services. Provided that nothing in this Clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

Page 118, PART 27, Other Commissions, 253. Functions, duties and powers of the National Women Commission:
(1) Functions, duties and powers of the Federal Women Commission shall be as follows:-
(a) To formulate policies and programs regarding women welfare for the Government of Nepal and forward them to the Government for implementation,
(b) To review whether or not statutes related to women’s welfare are executed, and whether the international covenant signed by Nepal, as a signatory, has been executed, and to forward a recommendation to the Government of Nepal in case they are found not to have been executed,
(c) To monitor, review and evaluate policies and programs implemented by the State to bring women into the mainstream of national development such as proportionate representation in all of the state agencies, and to forward a recommendation to the Government of Nepal for an effective implementation of those provisions,
(d) To carry out research and studies regarding gender equality, women empowerment, other legal provisions concerning women, and to forward a recommendation to the concerned bodies regarding the areas to be amended in those laws, and to monitor the same,
(e) To monitor the government regarding report to be submitted by the Government of Nepal in matters related to international covenant and treaties to which Nepal is a party,
(f) To forward a recommendation to concerned authority to lodge a petition in the court, in accordance with the law, in matters related with gender violence, and women deprived of women rights due to social malpractices,

Page 119, PART 27, Other Commissions, 253. Functions, duties and powers of the National Women Commission:
...
(2) The National Women Commission may delegate, some of its rights to the Chairperson of the Commission, member, or an officer of the Government of Nepal, to be exercised in compliance with the conditions specified.

Page 119, PART 27, Other Commissions, 253. Functions, duties and powers of the National Women Commission:
...
(3) Other functions, duties and powers of the National Women Commission shall be as specified in Federal law.

Page 119, PART 27, Other Commissions, 254. Offices may be established in province:
The National Women’s Commission may establish its offices in provinces as may be necessary.

Page 147, Part 34 Definitions and Interpretations, 306. Definitions and Interpretations: (1) Unless the subject or context otherwise requires, in this Constitution:-
...
(l) “Constitutional body” means Commission for Investigation of Abuse of Authority, Auditor General, Public Service Commission, Election Commission, National Human Rights Commission, National Natural Resources and Finance Commission [sic], National Women Commission, National Dalit Commission, National Inclusion Commission, Adibasi Janajati Commission, Madheshi Commission, Tharu Commission and Muslim Commission established in accordance with this Constitution.
Reconciliation and peace
Page 27, PART 4 Directive Principles, Policies and Responsibilities of the State, 51. State policies, Policies regarding social justice and inclusion:
...
(13) Making a well planned investment in sports and sports men and women in order to produce healthy, able and disciplined citizens and developing sports as a medium of consolidating national unity and promoting national prestige in the international arena.
Violence against women
Sexual violence
Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women:
...
(3) There shall not be any physical, mental, sexual or psychological or any other kind of violence against women, or any kind of oppression based on religious, social and cultural tradition, and other practices. Such an act shall be punishable by law and the victim shall have the right to be compensation as provided for in law.
Gender-based violence/VAW (general)
Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women:
...
(3) There shall not be any physical, mental, sexual or psychological or any other kind of violence against women, or any kind of oppression based on religious, social and cultural tradition, and other practices. Such an act shall be punishable by law and the victim shall have the right to be compensation as provided for in law.
Transitional justice
No specific mention.
Institutional reform
DDR, army, parastatal or rebel forces
Page 125, PART 28 Provision regarding National Security, 267. Provision relating to Nepal Army:
...
(3) The entry of women, Dalit, indigenous community, Khash Arya, Madhesi, Tharu, Muslim, people of backward class and backward region shall be ensured in Nepal Army, based on the principle of equality and principles of inclusion as provided for in the Federal law.
Other
Page 27, PART 4 Directive Principles, Policies and Responsibilities of the State, 51. State policies, Policies regarding social justice and inclusion:
...
(13) Making a well planned investment in sports and sports men and women in order to produce healthy, able and disciplined citizens and developing sports as a medium of consolidating national unity and promoting national prestige in the international arena.
Development
General
Page 133, Part 32 Miscellaneous, 281. Review and revision of Special Powers:
The Government of Nepal shall review and revise, along with census of every ten years, the provisions regarding special rights of the women and Dalit community and its implementation and effectiveness based on human development index.
Rehabilitation and reconstruction
Page 27, PART 4 Directive Principles, Policies and Responsibilities of the State, 51. State policies, Policies regarding social justice and inclusion:
...
(2) Making women self reliant who are vulnerable, victims of conflict, excluded by family and the society, by making necessary arrangements of rehabilitation, protection and empowerment for them.
Education
Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women:
...
(5) Women shall have the right to special opportunity in the spheres of education, health, employment and social security on the basis of positive discrimination.
Health (general)
Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women: (1) Every woman shall have equal right to lineage without any gender discriminations
… (5) Women shall have the right to special opportunity in the spheres of education, health, employment and social security on the basis of positive discrimination.

Page 22, PART 4 Directive Principles, Policies and Responsibilities of the State, Policies regarding the basic needs of citizens: (10) It shall be the policy of the State to increase general life expectancy by decreasing maternity-infant mortality rate by encouraging family planning population management based on the need and capacity of the country.

Page 27, PART 4 Directive Principles, Policies and Responsibilities of the State, 51. State policies, Policies regarding social justice and inclusion:
...
(13) Making a well planned investment in sports and sports men and women in order to produce healthy, able and disciplined citizens and developing sports as a medium of consolidating national unity and promoting national prestige in the international arena.

Reproductive rights
Page 16, Part 3 Fundamental Rights and Duties, 38. Right of women:
...(2) Every woman shall have the right relating to safe motherhood and reproductive health. ...
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh