Legal Recognition of the Right to Food and Nutrition
Nepal is currently discussing national Right to Food legislation. For updated information on the process please see here
The Constitution of the Federal Democratic Republic of Nepal explicitly guarantees the right to adequate food.
State Policy
Explicit protection of the right to adequate food
Article 36:
“(1) Each citizen shall have the right to food.
(2) Every citizen shall have the right to be protected from a state of starvation, resulting from lack of food stuffs.
(3) Every citizen shall have the right to food sovereignty as provided for in law.”
Implicit protection of the right to adequate food
Article 42:
“(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.”
43. Right to Social Security: Single women, disabled, children, those unable to take care of themselves and citizens of endangered ethnicity in economically poor, incapacitated and helpless state shall have right to social security as provided by the law.
44. Right of Consumers: (1) Every consumer shall have right to get quality goods and services.
(2) Victim of loss incurred from low quality goods or services shall have right to compensation as provided by the law.
Article 47. Implementation of fundamental rights: The State shall make necessary laws within three years of commencement of this constitution for the implementation of rights conferred by this Part.
Directive principles of state policy
Article 50:
“(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,”
Article 51: “The State shall pursue the following policies:
(b) Policies regarding political and governance system:
(1) Guaranteeing people’s welfare and all-round-progress through economic, social and cultural transformation, while defending and strengthening political achievements and their development.
(2) Maintaining rule of law by protecting and practicing human rights.
(h) Policies regarding the basic needs of citizens:
(12) Increasing investment in the agricultural sector by making necessary provisions for sustainable productivity, supply, storage and security, while making it easily available with effective distribution of food grains by encouraging food productivity that suits the soil and climate conditions of the country in accordance with the norms of food sovereignty.”
Article 52: “It shall be the obligation of the State to maintain Nepal's independence, sovereignty, territorial integrity, autonomy of Nepal, protecting and promoting fundamental rights and human rights, and to observe the directive principles of the State and gradually implementing the policies.”
