Nepal | June 26, 2019

CA panel recommends 31 fundamental rights

Himalayan News Service

KATHMANDU: A sub-committee of the Committee on Fundamental Rights and Directive Principle of the State has suggested 31 fundamental rights to be incorporated in the new constitution. The sub-committee today submitted its draft to the committee although the CA members had divergent views on some key issues.
Under the right to life with dignity, the panel suggested that no law would be made to give capital punishment. But Lila Neichyai, a CA member of the Nepal Workers and Peasants Party, said that the capital punishment should be given to a person committing a serious crime.
Similarly, under the provision of the right to freedom, C P Gajurel of the UCPN-Maoist suggested that a law could be made to curtail any political activities that go against the national interest, pandering to foreign power and hatching conspiracy against the nation.
Contrary to Gajurel’s views, Ramesh Lekhak, a Nepali Congress CA member was of the view that a political force against pluralism, universal values of democracy, multiparty system and parliamentary republic should be banned.
Every citizen shall have the right to impartial justice and nobody shall be taken into preventive detention without giving any notice of his/her arrest, according to the clause of right to justice. Pradip Kumar Gyawali, a CA member of the CPN-UML, however, suggested adding a clause that the constitution shall not be considered to be hindrance in making retrospective law to try a person on charges of crime against humanity, war crime and communal massacre.
The draft has proposed giving equal right for man and woman on obtaining citizenship certificate on the basis of descent. The woman shall have the right to equal and inclusive participation in state mechanism, right to ancestral property, family right (law shall impose a ban on the practice of polygamy and polyandry) and right to reproduction (wife shall have the sole right to decide on whether or not to conceive).The CA members were divided into two camps regarding the right to property.

What are the fundamental rights?

1 Right to live with dignity
2. Right to freedom
3. Right to equality
4. Right to mass media
5. Right to justice
6. Right of the crime
7. Right against torture
8. Right to preventive
9. Right against untouchability and discrimination
10. Right to property
11. Right to religion
12. Right to information
13. Right to privacy
14. Right against
15. Right on environment
16. Right to education
17. Right on language
and culture
18. Right to employment
19. Right on labour
20. Right to health
21. Right to food security
22. Right to shelter
23. Right on woman
24. Children’s rights
25. Dalits’ rights
26. Family right
27. Right of social justice
28. Right of social security
29. Consumers’ right
30. Right against exile, and
31. Right to constitutional remedy

A version of this article appears in print on October 28, 2009 of The Himalayan Times.

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