1. Nepal: A Contemporary Brief = 1
2. Evolution of Human Rights in Nepal = 5
2.1 International Human Rights Instruments= 7
2.2 Ratification/Accession of International Instruments = 7
2.3 Domestication of International Instruments = 8
2.4 Major International Human Rights Instruments Yet to Be Ratified/Acceded by Nepal = 8
2.5 Inconsistencies and Contradictions = 10
2.6 Human Rights Organisations = 11
3. Constitutional Guarantees = 13
3.1 Respect for Life and Liberty = 14
Impunity and the Terrorist and Destructive Activities (TADA)
Concerns of the International Community
Groups Most Affected by Fundamental Rights Abuse
3.2 Freedom of Opinion and Expression = 18
Legal Framework
Two-Tiered Nepalese Media
State and Press Freedom
Maoists and Press Freedom
Abuse of Press Freedom by the Media
Secrecy
Right to Privacy
3.3 Right to Freedom of Association = 23
4. Penal System = 2 5
4.1 Obligations under International Instruments = 26
4.2 Physical Infrastructure = 27
4.3 Legal Framework = 2 8
4.4 Prisoners. Rights and Legal Procedures = 28
4.5 Positive Initiatives = 31
5. Torture = 3 3
5.1 Obligations under International Instruments = 34
5.2 Use of Torture in Nepal = 35
5.3 Methods of Torture = 36
5.4 Use of Torture by Maoists = 36
5.5 Use of Torture by the State = 36
5.6 Training and Raising Awareness = 37
5.7 Investigation of Torture = 37
5.8 Torture Compensation Act 1996 (B.S. 2053) = 38
5.9 Inconsistencies in the Torture Compensation Act = 38
5.10 Judicial Trend = 39
5.11 Positive Initiatives = 39
6. Fair Trial = 41
6.1 International Legal Framework = 43
6.2 National Legal Framework = 43
6.3 Role of Non-Judicial Bodies in Fair Trial = 44
6.4 Fair Trial Legislation and Violation of Human Rights = 44
6.5 Legal Representation in Trial = 46
6.6 Additional Circumstances = 46
6.7 Positive Initiatives = 49
7. Basic Needs and Human Rights = 51
7.1 International Instruments = 52
7.2 Access to Health = 52
Private Health Care
Challenge of HIV/AIDS
Positive Initiatives
7.3 Right to Education = 57
Private School Education
Positive Initiatives
7.4 Right to Work = 60
Positive Initiatives
7.5 Right to Adequate Food = 62
Poverty and Food Security
Constraints on Ensuring Food Security
Positive Initiatives
7.6 Right to Adequate Housing = 66
7.7 Justiciability = 68
8. Rights of Women = 69
8.1 International Instruments = 70
8.2 Violence Against Women = 71
Forms of Violence
8.3 Trafficking = 72
8.4 Rape = 73
8.5 Women and the Judiciary = 74
8.6 Women in Politics = 77
8.7 Women in Civil Service = 78
8.8 Right to Health = 79
8.9 Women.s Health and National Legal Framework = 80
8.10 Positive Initiatives = 81
9. Rights of Children = 83
9.1 International Instruments = 84
9.2 National Legal Framework = 85
9.3 Child Labour = 86
9.4 Violence Against Children = 88
9.5 Juvenile Justice System = 89
9.6 Children in Detention = 90
9.7 Positive Initiatives = 91
10. Rights of the Janajatis = 93
10.1 Identifying the Janajatis = 94
10.2 National Legal Framework = 95
10.3 International Instruments = 96
10.4 State of the Rights of the Janajatis = 96
Hindu State and Dominance
Right to Self-Determination
Language and Educational Rights
Under-Representation in Politics and Decision-Making Process
Right to Natural Resources
10.5 Positive Initiatives = 101
11. Rights of the Dalits = 103
11.1 Defining the Dalits = 104
11.2 International Instruments and National Legal Framework = 106
11.3 Violations of Dalits. Rights = 106
Untouchability
Socio-Cultural Rights
Economic Rights
Land Rights
Under-Representation in Politics and Decision-Making Process
11.4 Positive Initiatives = 108
12. Rights of the Senior Citizens = 111
12.1 International Instruments = 112
12.2 Senior Citizens in the Nepalese Society = 112
12.3 Shelter for Senior Citizens = 113
12.4 Positive Initiatives = 113
13. Rights of the Persons with Disability = 115
13.1 International Instruments = 116
13.2 Challenges and Constraints = 117
13.3 Positive Initiatives = 118
14. Governance = 121
14.1 National Legal Framework and International Instruments = 122
14.2 Abuses and Violations = 122
14.3 Election Commission of Nepal = 124
14.4 Participation in the Political Process = 125
14.5 Decentralized Governance = 128
14.6 Positive Initiatives = 128
15. Conclusion = 131
2. Evolution of Human Rights in Nepal = 5
2.1 International Human Rights Instruments= 7
2.2 Ratification/Accession of International Instruments = 7
2.3 Domestication of International Instruments = 8
2.4 Major International Human Rights Instruments Yet to Be Ratified/Acceded by Nepal = 8
2.5 Inconsistencies and Contradictions = 10
2.6 Human Rights Organisations = 11
3. Constitutional Guarantees = 13
3.1 Respect for Life and Liberty = 14
Impunity and the Terrorist and Destructive Activities (TADA)
Concerns of the International Community
Groups Most Affected by Fundamental Rights Abuse
3.2 Freedom of Opinion and Expression = 18
Legal Framework
Two-Tiered Nepalese Media
State and Press Freedom
Maoists and Press Freedom
Abuse of Press Freedom by the Media
Secrecy
Right to Privacy
3.3 Right to Freedom of Association = 23
4. Penal System = 2 5
4.1 Obligations under International Instruments = 26
4.2 Physical Infrastructure = 27
4.3 Legal Framework = 2 8
4.4 Prisoners. Rights and Legal Procedures = 28
4.5 Positive Initiatives = 31
5. Torture = 3 3
5.1 Obligations under International Instruments = 34
5.2 Use of Torture in Nepal = 35
5.3 Methods of Torture = 36
5.4 Use of Torture by Maoists = 36
5.5 Use of Torture by the State = 36
5.6 Training and Raising Awareness = 37
5.7 Investigation of Torture = 37
5.8 Torture Compensation Act 1996 (B.S. 2053) = 38
5.9 Inconsistencies in the Torture Compensation Act = 38
5.10 Judicial Trend = 39
5.11 Positive Initiatives = 39
6. Fair Trial = 41
6.1 International Legal Framework = 43
6.2 National Legal Framework = 43
6.3 Role of Non-Judicial Bodies in Fair Trial = 44
6.4 Fair Trial Legislation and Violation of Human Rights = 44
6.5 Legal Representation in Trial = 46
6.6 Additional Circumstances = 46
6.7 Positive Initiatives = 49
7. Basic Needs and Human Rights = 51
7.1 International Instruments = 52
7.2 Access to Health = 52
Private Health Care
Challenge of HIV/AIDS
Positive Initiatives
7.3 Right to Education = 57
Private School Education
Positive Initiatives
7.4 Right to Work = 60
Positive Initiatives
7.5 Right to Adequate Food = 62
Poverty and Food Security
Constraints on Ensuring Food Security
Positive Initiatives
7.6 Right to Adequate Housing = 66
7.7 Justiciability = 68
8. Rights of Women = 69
8.1 International Instruments = 70
8.2 Violence Against Women = 71
Forms of Violence
8.3 Trafficking = 72
8.4 Rape = 73
8.5 Women and the Judiciary = 74
8.6 Women in Politics = 77
8.7 Women in Civil Service = 78
8.8 Right to Health = 79
8.9 Women.s Health and National Legal Framework = 80
8.10 Positive Initiatives = 81
9. Rights of Children = 83
9.1 International Instruments = 84
9.2 National Legal Framework = 85
9.3 Child Labour = 86
9.4 Violence Against Children = 88
9.5 Juvenile Justice System = 89
9.6 Children in Detention = 90
9.7 Positive Initiatives = 91
10. Rights of the Janajatis = 93
10.1 Identifying the Janajatis = 94
10.2 National Legal Framework = 95
10.3 International Instruments = 96
10.4 State of the Rights of the Janajatis = 96
Hindu State and Dominance
Right to Self-Determination
Language and Educational Rights
Under-Representation in Politics and Decision-Making Process
Right to Natural Resources
10.5 Positive Initiatives = 101
11. Rights of the Dalits = 103
11.1 Defining the Dalits = 104
11.2 International Instruments and National Legal Framework = 106
11.3 Violations of Dalits. Rights = 106
Untouchability
Socio-Cultural Rights
Economic Rights
Land Rights
Under-Representation in Politics and Decision-Making Process
11.4 Positive Initiatives = 108
12. Rights of the Senior Citizens = 111
12.1 International Instruments = 112
12.2 Senior Citizens in the Nepalese Society = 112
12.3 Shelter for Senior Citizens = 113
12.4 Positive Initiatives = 113
13. Rights of the Persons with Disability = 115
13.1 International Instruments = 116
13.2 Challenges and Constraints = 117
13.3 Positive Initiatives = 118
14. Governance = 121
14.1 National Legal Framework and International Instruments = 122
14.2 Abuses and Violations = 122
14.3 Election Commission of Nepal = 124
14.4 Participation in the Political Process = 125
14.5 Decentralized Governance = 128
14.6 Positive Initiatives = 128
15. Conclusion = 131