Fundamental Rights

You know the target of all democratic governments is to promote the welfare of the people. They run according to the will of the general public and provide a wide range of opportunities for public participation and progress. All the civil rights enshrined in the constitution are known as fundamental rights.In other words,the fundamental rights are basic human rights that enable people to enjoy freedom, protection, respect and chances to develop their personality.

The following are the major characteristics of fundamental rights:

• They are granted to the citizens by the constitution.
• They are suspended during the case of thestate emergency.
• They don't have any kind of hierarchy.
• Those who violates the fundamental rights are punishable.
• The saviour of fundamental rights is the supreme court.

The following are the major fundamental rights of the citizens:

• Right to freedom
  This constitution provides freedom of expression of thoughts, right to assemble peacefully without arms, the right to move and settle freely within the state territory, and right to form unions and associations and freedom of occupation,trade, and industry. This article also respects everyone's right to live with respect and thus restricts the making of law for capital punishment.
• Right to equality
  According to this right all the citizens shall be equal before the law. Nobody shall be deprived of equal protection by law and no discrimination will be made on the basis of religion, race, sex, caste, origin, tribe, language and ideology. But this right does not prevent the state from adopting a policy to better support the needy ones like the poor, destitute and disadvantaged. Besides, both males and females shall have an equal wage for the same work.
• Right against untouchability and discrimination on caste
  No discrimination shall be made on the basis of race and caste in entering into public places and in the use of public facilities. Such discrimination shall be compensation as specified by the laws.
• Right regarding press
  No prohibition or restriction shall be made for the transmission and publication through electrical means, publicity of news, articles or any other reading materials under this right unless these are against the country's sovereignty, integrity, social harmony, national glory, civic dignity. and judicial respect.
• Right regarding environment and health
  Every citizen shall have the right to live in healthy environment. It shall be their right to get basic services free of cost from the state.
• Right to culture and education
  Every citizen has right to preserve and promote his/her language script and culture. Every community has right to impact education to their children in their mother-tongue as specified by the laws and every citizen has to get education free of cost up to the secondary level.
• Right to employment and security
  Everyone shall have the right to employment as provided by the laws. Women, workers, old, disabled and helpless people shall have the right to social security and every citizen shall have the right to food sovereignty.
• Rights to property
  All citizens have the right to the property whereby they can acquire, own, sell, dispose property and can do other occupations under the prescribed rules and laws. The state shall give due compensation to the individual property acquired for scientific land reform and other public uses.
• Women's right
  No woman shall be discriminated on the ground of their womanhood and everyone shall have the right to reproductive health. This right also prohibits any sort of physical, mental and other tortures on woman and daughters will have an equal right to parental property as sons.
• Right to social justice
  Economically, socially and academically backward classes like women, Dalits, aborigines, Madhesis, downtrodden, poor peasants and the worker shall, according to the principle of proportion inclusion, have the right to participate in the mechanism of the state.
• Children's right
  Children shall have the right to their identity and name. Every child shall have the right to nutrition, basic health, and social security. This right also provides for special care for destitute, orphan, disabled, displaced,conflict-affected children as well as those in danger.
• Right to religion
  Every citizen has freedom to follow and practice and preserve his/her own traditional religion and religious heritages but no person shall be entitled to convert the religion of another.
• Right to justice
  No one will be punished for the action which is not punishable by law. Nor is he tried or punished in the court of law more than once for the single offence is not forced to give witness against himself/herself. He/she will have right to get legal service from the lawyer chosen by oneself and the communication as well as advice right to get it free of cost. This right also makes a restriction on arrest without written warrant and accused won't be considered criminal until the offence is proven by the court.
• Right against preventive detention
  No person shall be held under the preventive detention unless there is sufficient ground of existence of an immediate threat to sovereignty, integrity or law and other situation of Nepal. Everyone kept under preventive detention against the law and with bad intention shall have the right to get due compensation.
• Right to information
  Every citizen has right to demand and receive information about the matters of public importance, except those which are considered confidential by the law.
• Right of privacy
  The secrecy of privacy of a person's life, house, property, document, correspondence or information of anyone cannot be violated except when sanctioned by the law.
• Right against exploitation
  All citizens enjoy the right against exploitation such as human trafficking, slavery, serfdom or forced labour in the name of any traditions and customs. No one shall be made to work against his/her will.
• Right regarding labour
  Every worker or employee shall have the right to reasonable labour practices. They shall, according to the laws, have freedom of trade unions,associations, and collective bargaining.
• Right against exile
  All citizens have right against exile or banishment.
• Right to constitutional remedy
  Whenever a person's fundamental rights are violated or suppressed, he/she is authorized to file a case in Supreme Court for recovery of such rights.
• Right to live with dignity
  All citizens have right to live with dignity. There is no law for capital punishment.
• Right to victim of crime
  All the citizens have the right to be informed to the victim of crime about the investigation and proceeding the ease regarding his/her victimization.
• Right against fortune
  No person shall be given physical, mental or inhuman torture during the investigation.
• Right to health care
  Every citizen shall have the right to get equal access to basic health facilities. They shall get clean water and hygienic food.
• Right to food
  Every citizen shall have the right to food and its sovereignty.
• Right to housing
  Every citizen shall have the right to appropriate housing . No citizen shall be evicted from the housing owned.
• Right to Dalit
  The Dalits shall also have the right to participate in all agencies of the state on proportionate inclusion basis. They shall get an education with a scholarship from primary to the higher level.
• Right to senior citizen
  Every senior citizen of the state has right to get protection and social security from the state.
• Right to consumer
  Every citizen shall have the right to get quality foodstuffs and services to all citizens.

Fundamental Duties

Duty means doing something good for others' benefit. It is a responsibility that a person assumes to other individuals and the society he/she lives in. Rights, on the one hand, are facilities. benefits or opportunities obtained by a person from others. They are never absolute. They correspond to respective duties. For example, to get the education is your right but to obey rules of your school is your duty connected with your right to education. Similarly, someone's right is another duty. It's your parent's duty to make necessary arrangement for your education. One cannot claim right without the commitment to do his/her duties. So rights and duties emerge and go together. They can be considered to be the two sides of a single coin or the wheel of a single cart.It is the duty of every person to uphold the provisions of the constitution of Nepal.

There are three types of duties as implied by our constitution. They are explained below:

 

• Moral Duties
• Legal Duties
• Civil Duties

Moral Duties

To lead a simple and honest life with the sense of respect and honours shown to others in the family, teachers, guest and strangers are a moral duty. Failure to discharge a moral duty may not bring legal actions but the bad impression from the society.

Legal Duties

Legal duty means a duty done lawfully or as the laws require us to do. Stealing, burgling, swindling, teasing and injuring are prohibited under law. We should not indulge in all those things to fulfill a legal duty. Anyone failing to fulfill legal duties invites legal action against him/her.

Civil Duties

Civil Duties can be divided into following four types:

1. Service to nation
   The happiness and prosperity of the citizens come with the peace and development achieved by the country. So, it is the duty of all citizens to contribute in this or the manner to the peace and prosperity of their country. In democratic countries, we find the legislative, executive and judiciary working under a constitution for their progress and prosperity. The fruit of the country's peace and development is to be enjoyed by its citizens ultimately. So every citizen ought to try to serve the nation by the words or deeds. During emergency and crisis, they may even be forced by the state to serve the nation.
    
2. Adherence to laws and rules
   It is the prime duty of citizens to obey the rules and laws of their country, as formulated by its legislative and regulated by its execution and judiciary. The rules and laws are made to ensure the general welfare of every citizen of the country. The laws give equal rights and protections to all.
    
3. Paying tax
   The government needs money to meet various expenses of administration and development. So it collects money from taxes and charges which are paid by the people of the country. Taxes are an important source of the government treasury. So, it becomes obligatory duty of citizens to pay taxes regularly in time.
    
4. Casting of votes
   All legitimate citizens have to cast votes in an election for choosing their representatives to the parliament and the local bodies. In Nepal citizens over 18 years of age can enjoy this right. But it is also their duty. By casting voted for honest and efficient candidates without getting tempted to by any undue interests, a citizen should fulfill his/her duty as a citizen. Misuse of voting rights may result in the rise of dishonest, inefficient and corrupt persons who ruin the nation.
    
5. Raising voice in favour of truth and justice
   It is everyone's duty to raise voice against the violation of one's fundamental rights, encroachment of territory at border, injustice made to oneself and others etc. Thus, it is the duty of citizens to contribute to the process of social reformation and promotion of public welfare.