Time running out for framing laws
Kathmandu, June 2
It has been 34 months since the country got a new constitution in September 2015. But the government has yet to come up with required laws for the implementation of fundamental rights guaranteed by the charter, although only four months remain for the government to draft such laws and get it passed from the Parliament.
Thirty-one fundamental rights and duties are enshrined in the constitution. The government is preparing draft laws for implementation of 17 fundamental rights. Article 47 of the constitution states that the state shall, as required, make legal provisions for the implementation of the rights conferred by this part within three years of the commencement of the charter.
Spokesperson for the Ministry of Law, Justice and Parliamentary Affairs Ramesh Dhakal said they were working on the draft of the laws required for the implementation of fundamental rights. “The government needs to enact 41 for the implementation of the constitution. Of these, 17 are related to fundamental rights,” he said, adding that they were doing their best to finalise the draft laws within the stipulated time.
The ministry is also planning to review existing laws related to fundamental rights. “The law related to right to information also needs to be reviewed,” he said, adding that the ministry was currently studying draft laws related to right to social security and right to social justice. It has also sent the draft law on right against torture to the Parliament, but there has been no progress. “The ministry is planning to register it again at the Parliament,” Deputy Spokesperson for the ministry Hom Bahadur KC said.
Likewise, the draft law related to right against preventive detention is ready to be sent to the Parliament, while the draft law related to right against exploitation currently being studied. The draft law related to right to clean environment is being prepared by the Ministry of Forest and Environment.
According to KC, laws related to right to employment, right to health, right to property, right to housing and right to privacy are also being drafted by the line
ministries. Given the progress in drafting of the related laws, it seems unlikely for the government to come up all the laws within the stipulated time.
Advocate Tikaram Bhattarai said the government must enact all laws related to implementation of fundamental rights within four months. “If the government fails to enact necessary laws within the stipulated time, the constitution will have to be amended.”