Anti-discrimination law at national level?

Constitutional article 18. Right to equality: (1) All citizens shall be equal before law. No person shall be denied the equal protection of law.

(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, physical condition, disability, health conditions, matrimonial status, pregnancy, economic condition, language or geographical region, ideology and such other matters. Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi (indigenous groups), Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, labourers, youths, children, senior citizens, sexual minorities, persons with disability, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the khas arya.

 

24. Rights against untouchability and discrimination: (1) No person shall be treated with any kind of untouchability or discrimination in any private or public place on grounds of caste, ethnicity, origin, community, occupation, or physical condition.

 (2) No person belonging to a particular caste or ethnicity shall be prevented from buying an object or getting services or facilities in the process of production of such objects or in the distribution or delivery of services, or no such objects shall be sold to, or facilities or services distributed or delivered to persons belonging to a particular caste or ethnicity only.

(3) Racial discriminations shall not be encouraged in any way, or there shall not be any behavioral attitude to exhibit high or low status on grounds of a particular caste, ethnicity or community, or physical condition of a person, or there shall not be any behavioral attitude that justifies social discrimination based on caste, ethnicity, or untouchability, or encouragement for the propagation of attitudes based on caste superiority and untouchability, or hatred.

(4) There shall not be any racial discrimination in the workplace by indulging or not indulging in untouchability.

(5) All forms of untouchability or discrimination contrary to this provision shall be punishable by law as a serious social crime, and the victim of such an act shall have the right to compensation as provided for by law.

 

 25. Right to property: (1) Every citizen shall, subject to laws, have the right to acquire, enjoy own, sell, have professional gains, and otherwise utilize, or dispose of property. Explanation: For the purpose of this Article, “property” means all type of movable and immovable property and the word also includes intellectual property.

 

(2) The State shall not, except in the public interest, acquire, requisition, or create any encumbrance on the property of any person.Provided that this sub-clause shall not be applicable to property acquired through illegal means.

 (3) In the case when the land of a person is acquisitioned by the State according to sub-clause (2), the basis of compensation and the relevant procedure shall be as prescribed by Act.

(4) The provisions of clauses (2) and (3) shall not obstruct the state in carrying out land reforms, management and regulation by law in order to increase the production and productivity of land, modernize the agriculture and make it professional, environment protection and managed housing and urban development.

 

42. Right to social justice: (1) Socially backward women, Dalits, Adibasi, Janjati, Khas Arya, Madhesi, Tharu, minority groups, persons with disability, marginalized groups, Muslim, backward classes, gender and sexually minority groups, youths, peasants, labourers, the oppressed and the citizens of backward regions, shall have the right to employment in state structures and public service on the basis of the principle of inclusion.

(2) Citizens who are economically very poor and communities on the verge of extinction, shall have the right to special opportunity and facilities in the areas of education, health, housing, employment, food and social security, for their protection, progress, empowerment and development.

(3) People with physical impairment shall have the right to a dignified way of life and equal access to social services and facilities, along with their diversity identity. (4) Each peasant shall have the right to access to land as provided for in law for agricultural purposes, along with the right to choose and preserve traditionally adopted and used endemic seeds and agricultural species.

 

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,

 

256. Functions, duties and powers of National Dalit Commission: (1) Functions, duties and powers of National Dalit Commission shall be as follows:- (a) To carry out research and studies regarding Dalit community of Nepal so as to identify legal and institutional reforms to be made and make a recommendation to the Government of Nepal,

(b) To formulate national policies and programs in matters related with ending caste discrimination, untouchability, suppression and to enhance Dalit‟s status and development, and to forward a recommendation to the Government of Nepal for implementation,

 

259. Functions, duties and powers of National Inclusion Commission: (1) Functions, duties and powers of National Inclusion Commission shall be as follows:- (a) To carry out research and studies for protecting rights and welfare of indigenous communities, Khash Arya, Madhesi, Tharu, Muslim, backward class, persons with disability, senior citizens, laborers, peasants, marginalized and minority communities, people of Karnali region and economically disadvantaged people,

(b) To review the policies of the Government of Nepal for inclusion of the persons as mentioned in sub-clause (a) above and their implementation, and to forward necessary recommendation to the government for reform,^[1]