Constitution

Art 29- Right against Exploitation-((3). No person shall be subjected to human trafficking or bonded labor, and such an act shall be punishable by law. • Prohibition of slavery ((4). No person shall be subjected to forced labor

Art 31 Right to Education Every citizen shall have the right to access to basic education. ((2). Every citizen shall have the right to compulsory and free basic education, and free education up to the secondary level. ((3). The physically impaired and citizens who are financially poor shall have the right to free higher education as provided for in law. ((4). The visually impaired person shall have the right to free education with the medium of brail script.

Art 35- Right to Healthcare

Art 36- Right to food

Art 39 Rights of Children- ((3). No person shall be subjected to human trafficking or bonded labor, and such an act shall be punishable by law. • Prohibition of slavery ((4). No person shall be subjected to forced labor; ((5). No child shall be subjected to child marriage, illegal trafficking, kidnapping, or being held hostage. ((6). No child shall be subjected to recruitment or any kind of use in the army, police or armed groups, neglected, or used immorally, or abused physically, mentally, or sexually, or exploited through any other means, in the name of religious or cultural practices. ((7). No child shall be subjected to physical, mental, or any other forms of torture at home, in school, or in any other places or situations. ((8). Every child shall have the right to child friendly justice. • Privileges for juveniles in criminal process ((9). Children who are helpless, orphaned, physically impaired, victims of conflict and vulnerable, shall have the right to special protection and facilities from the State. • State support for children • Protection of victim’s rights ((10). Any act contrary to Clause (4), (5), (6) and (7) shall be punishable by law, and children who have suffered from such an act shall have the right to be compensated by the perpetrator as provided for in law.

 

Act Relating to Children

  1. Right to life: (1) Every child shall have the right to live with dignity. (2) The Government of Nepal, state governments and local level shall take necessary preventive and protection measures, including prevention of accidents that may occur against children and mitigation of risks, in order to safeguard children’s rights to life and development.
  2. Right to name, nationality and identity: (1) Every child shall have the right to a name, along with identity, and birth registration. (2) Every father or mother shall register, with a name, the births of their children under a prevailing law. (3) If the mother of a child born out of rape or an incestuous relationship that is punishable under a prevailing law desires, the birth of such a child shall be registered with only her name. (4) While giving a name as per Subsection (2), if the father or the mother is not immediately available, or if there is no possibility of them being present, such children shall receive a name given by another family member or a guardian taking her/his care. (5) Every child shall be entitled to use the surname consensually given by her/his parents, or if such consent cannot be reached, her/his father’s surname. (6) Notwithstanding what is contained in Subsection (5), children are entitled to use the surnames of either, or both, of their parents. (7) A child whose father’s identity is unknown may use her/his mother’s surname. (8) In case a dispute arises over the surname of a child, then she/he shall be deemed to have used her/his father’s surname unless otherwise proved. (9) Children both of whose parents are unknown may use the surname given by their guardians. (10) While giving a surname as per Subsection (9), the guardian shall inform the child welfare authority concerned. (11) If the names of the father, mother and grandfather, grandmother of a child whose father’s identity is unknown have to be recorded in an official legal proceedings or deed pursuant to a law, she/he may write her/his mother’s name and the names of mother’s father and mother and, in case the mother’s name is also unknown, her/him stating such fact would be sufficient. (12) Mother, father or guardian shall not alter the name or surname by concealing the child’s identity with the intent of acquiring undue advantage.
  3. Right against discrimination: (1) No child shall be discriminated against on ground of her/his own, her/his families’ or guardians’ religion, race, caste, ethnicity, sex, origin, language, culture, ideology, physical or mental conditions, disability, marital status, familial status, occupation, health status, economic or social status, geographical region or any other such grounds. (2) No one shall discriminate between son and daughter, sons, sons or daughters, daughters or between children born to former husband or wife or to current husband or wife in matters of their nurturing, education or healthcare. (3) No one shall discriminate between their biological sons and daughters and their adopted sons and daughters or between one child and another under their care in any manner. (4) No discrimination shall be made between children born before and after the marriage between a woman or man in matters of the children’s nurturing, education or healthcare
  4. Right to live with and visit parents: (1) No child shall be separated or removed from her/his father or mother against her/his wishes. (2) Notwithstanding what is contained in Subsection (1), if necessary in the best interest of the child, the child court may pass an order for separating the child from her/his father or mother and entrusting her/him in a guardian’s custody. Nevertheless, before passing such an order, the parties concerned shall not be deprived of a reasonable opportunity to clarify themselves. (3) A child living separately from her/his father, mother or both shall have the right to establish personal relationship with her/his parents or personally contact or visit them regularly other than in circumstances where the child court has expressly prohibited such contacts or visits in the child’s interest. (4) Persons who have adopted a son or daughter shall allow such adopted child to visit, contact and correspond with their biological parents. (5) Persons or organizations providing alternative care to children shall allow such children under their care to meet their biological parents or family
  5. Right to protection: (1) Every child shall have the right to receive appropriate care, protection, nurturing, and affection from her/his father, mother, other family members or guardian. (2) Both father and mother shall have equal obligations in respect of children’s care, protection and nurturing. In circumstances where parents are staying separately due to divorce or any other reason, the expenses of children’s nurturing shall be borne by both parents in accordance with their financial capacity. (3) No father, mother, other family members or guardian shall abandon or relinquish her/his son, daughter or children living in her/his guardianship. (4) Children with disabilities, affected by conflict, displaced, at risk or living in street shall be entitled to special protection stipulated by the State for their assured future. (5) Every child shall have the right to protection from all forms of physical or mental violence and torture, neglect, inhuman behaviour, gender based or untouchability related abuse, sexual abuse and exploitation by her/his father, mother, other family member or guardian, teacher and other persons. (6) Every child shall have the right to protection from economic exploitation and to protection from any work that is harmful to her/him or hampers her/his education or is detrimental to her/his health, physical, mental, moral and social development. (7) No child shall be recruited in the military, police and armed group and used, whether directly or indirectly, for the purpose of armed conflict or political purposes. (8) No person shall launch, or cause to launch, an attack on the places, services and facilities used in children’s interest, including school, or obstruct, or cause to obstruct, their operation and management during armed conflicts or in any adverse circumstances in whatever pretext. (9) Children under fourteen years of age shall not be engaged in hazardous tasks or employed as domestic labour or kamalari (female bonded labour). (10) The Government of Nepal, state governments and the local levels may take necessary measures and formulate and enforce guidelines for children’s protection.
  6. Right to participation: (1) Every child that is capable of forming opinion of her/his own shall have the right to participate in decision-making to be taken by her/his family, community, school or other public agency or institution that concerns her/him.
  7. Freedom of expression and right to information: (1) Every child shall have the right to voice her/his opinion in a free manner subject to prevailing laws. (2) Every child shall have the right to demand and access information in matters relating to her/his rights, interest and concern subject to prevailing laws.
  8. Right to establish association and assemble peacefully:(1) Every child shall have the right to establish child clubs or associations or assemble peacefully for the purpose of safeguarding and promotion of child rights. (2) The provision regarding the establishment of child clubs or associations pursuant to Subsection (1) shall be as prescribed.
  9. Right to confidentiality: (1) Every child shall have the right to confidentiality in matters of her/his body, residence, property, documents, data, correspondences and character. (2) No person shall engage in, or cause to engage in, generation, collection, publishing, printing, exhibition, sale and distribution or transmission of, through any means, personal information, details, photo or video of any child that harms her/his character or causes her/him shame, remorse or disgrace. (3) The child court, police office, guardian, parents or other agencies shall keep confidential the details that disclose the identity of the child accused of committing an offensive act or the child victim, including the name, surname, address, age, sex, family background, economic status, offence and any punishment imposed, if any. The details of such children shall not be used elsewhere other than by duly following the process of law. Nonetheless, if required in connection with any study or research work, the details of such children may be published without disclosing the name, surname, address and other identification details of the child or her/his family and by mentioning only the age or sex.
  10. Special rights of children with disabilities: (1) Provision of special protection shall be made as prescribed for children with disabilities. 2) Every child with disability shall have the right to ensure her/his self-respect and selfesteem, promote self-dependence, actively participate in society and live with dignity. (3) Children with disabilities shall have the right to access special care and mingle in society and to avail of opportunities for receiving education, training, healthcare services, rehabilitation services, employment preparation and recreation for their personal development. (4) Children with disabilities shall have the right to equal access to and enjoyment of public services and facilities.
  11. Right to nutrition and health: (1) Every child shall have the right to receive proper nutrition and clean drinking water and children under two years of age shall have the right, among others, to breastfeeding. (2) Pregnant women and children shall have the right to receive necessary immunization to protect themselves from diseases, avail of physical and mental health services consistent with the national standards, and access information on physical, reproduction and reproductive health compatible with their age and maturity level. (3) Every child shall have the right to receive basic health care free of cost.
  12. Sports, recreation and cultural rights: (1) Every child shall have the right to play games and take part in sports suitable to her/his age and interest. (2) Every school shall encourage its students to take part in sports in periods outside teaching–learning periods and shall make provision for appropriate playground and sports materials. (3) Every child shall have the right to engage in child-friendly recreation suitable to her/his age, aptitude and need. (4) Every child shall have the right to participate in cultural activities in accordance with her/his religion, culture, customs, rites and rituals, and beliefs that are not adverse to her/his interests.
  13. Right to education: (1) Children under six years of age shall have the right to learn in a manner suitable to their age and development stage and to early childhood development. (2) Every child shall have the right to receive compulsory and free education up to basic level and free education up to secondary level in a child-friendly environment in accordance with prevailing laws. (3) Every child shall have the right to receive education through the use of appropriate study materials and teaching methods suitable to her/his special physical and mental conditions as per prevailing laws. (4) Dalit children shall have the right to receive free education, along with scholarships, as per prevailing law.
  14. Duties of State: The State shall make necessary arrangements for providing basic needs, including nurturing, protection, health and education, for children in need of special protection based on available resources

Chapter 4- Child Justice

  1. Matters to be considered while administering child justice
  2. Provisions regarding trial:
  3. Child victim’s rights
  4. Child’s rights during hearing: (
  5. Restorative justice:

CHAPTER 5 SPECIAL PROTECTION AND REHABILITATION OF CHILDREN

CHAPTER 6 INSTITUTIONAL PROVISIONS REGARDING CHILD RIGHTS AND CHILD WELFARE

  1. National Child Rights Council: (1) a National Child Rights Council shall be constituted as prescribed under the chairpersonship of Government of Nepal, Minister for Women, Children and Senior Citizens to safeguard and promote children’s rights and interests. (2) The functions, duties and rights of the Council shall be as prescribed.
  2. State and Local Level Child Rights Committee: (1) State Child Rights Committee, chaired by the minister of the State overseeing the matters of children, shall be constituted in each state. (2) Local Child Rights Committee, chaired by a member of the rural municipality or urban municipality designated by the vice-chairperson or deputy-mayor of such rural municipal executive or urban municipal executive respectively, shall be constituted at every local level. (3) The number of members of the State Child Rights Committee and Local Child Rights Committee pursuant to Subsections (1) and (2) and the functions, duties and rights and meeting procedure of the committees shall be as determined by the state and local level.
  3. Child welfare authority: (1) A child welfare authority shall be present at local level in order to respect, safeguard and promote child rights, as well as to carry out child protection work. (2) The provisions regarding the appointment, functions, duties and rights and the terms of service of the child welfare authority shall be as prescribed.
  4. Social service provider and child psychologist: (1) Persons willing to work as social service providers and child psychologists shall enlist themselves with the local child rights committee as prescribed. (2) Social service providers and child psychologists may be appointed in required number from among the social service providers and child psychologists enlisted in the list pursuant to Subsection (1) for performing the tasks of child protection and service delivery. (3) The social service providers and child psychologists appointed pursuant to Subsection (2) shall work under the direct direction and supervision of the child welfare authority. (4) The social service providers and child psychologists required by the child court shall be appointed from among the social service providers and child psychologists enlisted pursuant to Subsection (1). (5) The appointment process, qualifications, functions, duties, rights, terms of service and other provisions related to social service providers and child psychologists shall be as prescribed.
  5. Children’s Fund: (1) A children’s fund shall be set up for performing tasks such as immediate rescue, relief and rehabilitation operations and for providing compensation to children. (2) The fund pursuant to Subsection (1) shall consist of the amounts stated below: (a) Amounts received from the Government of Nepal, state governments and local level, (b) Amounts received from foreign governments, international agencies, organizations and individuals, (c) Amounts received from citizens and domestic organizations, (d) Amounts received in lieu of fines imposed by the child court, (e) Amounts received from other sources. (3) The permission of the Government of Nepal, Ministry of Finance shall be obtained prior to receiving amounts pursuant to segment (b) of Subsection (2). (4) The amounts pursuant to Subsection (1) may be made available to, among others, the Children’s Fund duly established under the laws of state and local levels. (5) The provisions regarding the management, operation and use of the amounts pursuant to Subsection (1) shall be as prescribed.

 

National Code of Nepal

Chapter 8A- Kidnapping of a Minor

Chapter 13

  • Girl below 16 years of age

9A- Sodomy or unnatural sex on a Minor

 

Contract Act(2000)