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Note on Fundamental Rights

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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.

Characteristics of fundamental rights

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. Right against exile
    All citizens have right against exile or banishment.

  20. 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.

  21. Right to live with dignity
    All citizens have right to live with dignity. There is no law for capital punishment.

  22. 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.

  23. Right against fortune
    No person shall be given physical, mental or inhuman torture during the investigation.

  24. 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.

  25. Right to food
    Every citizen shall have the right to food and its sovereignty.

  26. Right to housing
    Every citizen shall have the right to appropriate housing . No citizen shall be evicted from the housing owned.

  27. 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.

  28. Right to senior citizen
    Every senior citizen of the state has right to get protection and social security from the state.

  29. Right to consumer
    Every citizen shall have the right to get quality foodstuffs and services to all citizens.

  • All the civil rights enshrined by the constitution are known as fundamental rights. 
  • The constitution of Nepal 2063 provides freedom of expression of thoughts, right to assemble peacefully without arms, right to move and settle freely within the state territory, and right to form unions and associations and freedom of occupation, trade and industry. 
  • According to right to equality of The constitution 2063, 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. 
  • No discrimination shall be made on the basis of race and caste in entering into public places and in the use of public facilities.
  • Every citizen shall have right to live in healthy environment. It shall be their right to get basic services free of cost from the state. 
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Very Short Questions

Right to freedom is the freedom given to the countrymen by a country. This is the freedom of expressing of thoughts, right to assemble peacefully without arms, right to move and settle freely within the state territory and many more. Right to freedom makes a person live his life without hesitation. Right to freedom makes a person capable of do anything, besides illegal stuffs.

Children's rights are the human rights of children with particular attention of the rights of special protection and care afforded to minors. Children have the right to an adequate standard of living, health care, education and services and to play and recreate. These provisions include a balanced diet, a warm bed to sleep in, and access to schooling.

Every citizen of the country have right to live and work in their country but exiling one from a country abandons him from all the rights. His crime maybe unforgivable but banishing one from a country is against the rights of people.
During Rana regime, there were no rights for human. Ranas only thought for themselves and do as they wished. If the citizens did a slightest mistake against Ranas they had to get banished as no rights for the citizens that time.

Constitution has secured the right of every community to get basic education in their mother tongue. The children will learn faster if they get education in their mother tongue. If the learning will be effective, the interest and desire of children will also increase. Child will not understand if the language of the school and their mother tongue differ. If they get the education in their mother tongue, the learning can be exchanged easily and learning will be easier. Thus, constitution has emphasized to get education in their mother tongue.

In my community, the following fundamental rights are in practice out of the fundamental rights mentioned in the constitution:
a. Right to freedom
b. Right to religion
c. Right to social justice
d. Right to education
e. Press and publication right
f. Right to property

If I were given to draft a constitution, I would add the following fundamental rights:
i) Right to employment,
ii) Right to health,
iii) Right against human trafficking and slavery.
It is because they have become one of the fundamental needs of human beings. However, many people of our country are unemployed. All people should have right to employment. Similarly, health has also become one of the basic needs of human beings. No one can live a prosperous life without a good health. So, everyone should have right to health. Girl trafficking, child trafficking and enslaving human beings have become serious problems in our country. So, every people should have right against trafficking and slavery.

The duties are:
a) Moral duties: Moral duty of a person is to lead an ideal, sacred and honest life, to respect and obey one's parents and teachers and not to have ill will against anyone.
b) Legal duties: We should not go against the law. It is our length duty to refrain from stealing, swindling, destroying others property or harming them, discriminating against people and hampering their freedom.
c) Civil duties: Civil duties include serving the nation, to abide by the law, to pay taxes, to use the right to vote.

The differences are:

Fundamental Rights Fundamental Duties
a. To adopt own religion. a. To follow the law of the country.
b. To earn property under the law. b. To use vote for the benefit to the people by the citizens.
c. All citizens have to preserve and promote their language and culture. c. To live a free life.

Right to equality means rights given to all the citizens, which says that all the citizens irrespective of sex, class, caste, etc. are regarded equal in front of law.
The special provisions are:
a. All the citizens are guaranteed with equal rights and protection of law.
b. All citizens, irrespective of religion, race, sex, caste, tribe or ideology are regarded equal.
c. There shall be not discrimination between any citizens.
d. All citizens have free access to public places, the use of wells, taps, roads, etc.

No, a right can never be 'absolute', because rights are only those with limited conditions and claims that are not recognized by an organized society as necessary for an all-round development of a person. So, rights are never absolute. There are only those claims or conditions, which are necessary for good and moral life permitted to be enjoyable.

Right to equality, Right to freedom, Press and publication right, Right to property, Cultural and educational right, Right to privacy, Right against exile, Right to constitutional remedies.
a) Moral duties: lead an ideal, sacred and honest life, to respect and obey one's parents and teachers and not to have ill-will against anyone.
b) Legal duties: Not going against the law, duty to refrain from stealing, swindling, destroying others property or harming them, discriminating against people and hampering their freedom.
c) Civil duties: serving the nation, to abide by the law, to pay taxes, to use the right to vote.

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  • Which religion is followed by majority of people in Nepal?

    Hindu
    Shikh
    Muslim
    Christian
  • What is included in article 13?

    Right to Education
    Right to Equality
    Right to Freedom
    Right to Privacy
  • What is included in article 30?

    Right to freedom
    Right to Privacy
    Right regarding Labour
    Right to Freedom
  • What is included in article 18?

    Right to Employment and Security
    Right to Privacy
    Right to Freedom
    Right to speech
  • What is included in article 13?

    Right to Equality
    Right to freedom
    Right to Freedom
    Right to Privacy
  • Which part of the interim constitution of Nepal 2063 BS deals with right to freedom, equality, culture and education, employment and security etc?

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