fundamental rights

 What are fundamental rights and duties? Describe them based on epal constitution 2015.

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Model Ans:

The Constitution of Nepal (2015) provides a comprehensive framework of fundamental rights and duties, ensuring the democratic, social, and economic rights of its citizens while emphasizing responsibilities to the state and society.

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Fundamental Rights in Nepal

Fundamental rights are enshrined in Part 3 of the Constitution of Nepal (Articles 16–46). They are essential for the well-being of citizens and for ensuring justice, equality, and liberty. Key rights include:

1. Right to Live with Dignity (Article 16):

   • Every person has the right to live with dignity and not be subjected to cruel, inhumane, or degrading treatment.

2. Right to Freedom (Article 17):

   • Citizens have the freedom of opinion, expression, assembly, association, movement, and occupation, with reasonable restrictions to maintain law and order.

3. Right to Equality (Article 18):

   • All citizens are equal before the law and entitled to equal protection of the law. Discrimination on grounds of origin, religion, caste, gender, or economic status is prohibited.

4. Right to Education, Health, and Employment:

   • Education (Article 31): Right to free basic and secondary education.
   • Health (Article 35): Right to free basic health services.
   • Employment (Article 33): Right to employment and unemployment allowances.

5. Right to Social Justice (Article 42):

   • Women, Dalits, Madhesis, Janajatis, and other disadvantaged communities have the right to participate in state mechanisms.

6. Right to Constitutional Remedy (Article 46):

   • Ensures the right to seek remedies for the enforcement of fundamental rights.

Additional rights include:

• Right to property, privacy, information, and clean environment.
• Rights specific to marginalized groups like women, children, and Dalits.

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Fundamental Duties in Nepal

Fundamental duties are outlined in Article 48 of the Constitution of Nepal (2015). These duties complement fundamental rights, emphasizing responsibilities towards the nation and society. Citizens are expected to:

1. Uphold National Integrity:

   • Abide by the constitution and laws.
   • Respect national unity and diversity.

2. Participate in National Development:

   • Work towards building a prosperous and self-reliant Nepal.

3. Protect Public and State Property:

   • Ensure public assets and the environment are preserved for future generations.

4. Respect Democratic Principles:

   • Exercise rights responsibly, ensuring they do not infringe on others’ rights.

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Interrelationship between Rights and Duties

• Rights empower individuals to live freely, ensuring equality and justice, while duties require them to act responsibly toward the nation and society.
• For example, the right to a clean environment (Article 30) requires citizens to fulfill their duty of not polluting the environment (Article 48).

Nepal’s constitution emphasizes that the harmonious balance between rights and duties is essential for democracy, equality, and sustainable development​