17. Right to Freedom:
(1) Except as provided for by law no person shall be deprived of her/his personal liberty.
(2) Every citizen shall have the following freedoms:
(e) freedom to move and reside in any part of Nepal; and
(f) freedom to engage in any occupation or be engaged in employment, establish and operate industry, trade and business in any part of Nepal.
29. Right against exploitation:
(1) Every person shall have the right against exploitation.
(2) No person shall be subjected to any kind of exploitation on the basis of religion, custom, tradition, culture, practices or any other bases.
(3) No person shall be subjected to human trafficking or bonded labor, and such an act shall be punishable by law.
(4) No person shall be subjected to forced labor.
Provided that nothing in this clause shall prevent the enactment of a law requiring citizens to be engaged in compulsory service for public purposes.
(5) Any act contrary to clause (3) and (4) shall be punishable by law and the victim of such an act shall have the right to compensation from the perpetrator.
33. Right to employment:
(1) Every citizen shall have the right to employment. Terms and conditions of employment and unemployment benefits shall be as determined by Federal law.
(2) Every citizen shall have the right to select employment.
34. Right regarding labor:
(1) Every laborer shall have the right to proper work practices. Explanation: For the purpose of this Article, "laborer" means a worker or laborer who offers physical or mental work for an employer for remuneration.
(2) Every laborer shall have the right to appropriate remuneration, facilities and contribution-based social security.
(3) Every laborer shall have the right to form trade union, participate in it, and organize collective bargaining.
38. Right of women:
(3) There shall not be any physical, mental, sexual or psychological or any other kind of violence against women, or any kind of oppression based on religious, social and cultural tradition, and other practices. Such an act shall be punishable by law and the victim shall have the right to be compensation as provided for in law. Nepal Constitution
Chapter 8A. Kidnapping/Abduction and Hostage Taking
Number 1.
No person shall compel another person to go to any place by using force or threatening to use force or showing fear or threat or overpowering (Jorjulum) or showing weapons or by using deceitful means or by using intoxicating or stimulant/psychotropic substance or by seizing or controlling any means of transportation by any means or take a person to any place without his or her consent, or in the case of a minor or a mentally unsound person, without the consent of his or her father or mother or guardian for the benefit of the minor or unsound person. If any person does such an act, the person shall be deemed to have committed the offence of kidnapping.
Number 2.
Except in cases where a mentally unsound person is detained in good faith, and in the interest of such person, with the consent of his or her father or mother or guardian, no person shall detain another person, by using force or threatening to use force or showing fear and threat, or by overpowering (Jorjulum) or by any deceitful means (Chhal, Kapat, Jhukkyan) or by using intoxicating or stimulant substance, or by seizing or illegally controlling any means of transportation or any place. If any person does such an act, the person shall be deemed to have committed the offence of taking hostage.
Number 3.
If a person kidnaps/abducts or takes hostage of another person, as referred to in Number 1 or Number 2 of this Chapter, with intention to kill somebody else, to cause hurt by battering, to rape or to have unnatural sexual intercourse, to sell, to enslave a person, to deploy somebody in work forcefully, to cause torture, to engage into prostitution, to compel to work or cause to work, to get ransom or to receive the property of the abducted person or his or her successor (Hakwala), to cause to hand over (Samarpan) business or to cause to commit an offence punishable by theprevailing laws, the person who commits, or causes to be committed, such an act, shall be liable to the punishment of imprisonment for a term ranging from Seven years to Fifteen years and a fine from Fifty Thousand Rupees to Two Hundred Thousand Rupees; and the person, who kidnaps/abducts or takes hostage for any purpose or intention other than those mentioned above, shall be punished with imprisonment for a term ranging from Four years to Eight years and also a fine from Twenty Five Thousand to One Hundred Thousand Rupees.
Number 4.
A person, who abets, instigates or orders to commit the offense as referred to in this Chapter or gives consent to commit the offence prior to the commission of such an offence shall be punished as if he or she had committed the offence himself or herself.
Number 5. In cases where a person has attempted to commit the offence as referred to in this Chapter but has not completed the commission, the person shall be punished with half the punishment for such an offence.
Number 9.
In cases where the offence as mentioned in Number 1, 2, or 3 of this Chapter is committed against a woman or a minor, the person involved in such offence shall be liable to the punishment of imprisonment for a term of Two years, in addition to the punishment mentioned in this Chapter.
Chapter-11 On Human Trafficking
Number 1.
No person shall lure and take another person outside the territory of Nepal with intention to sell him or her nor shall sell another person outside the territory of Nepal. If a person, who is taking another person to sell him or her in a foreign country, is caught (arrested) before the sale, the offender shall be liable to the punishment of imprisonment for a term of Ten years and if the person is arrested after the sale, the offender shall be liable to the punishment of imprisonment for a term of Twenty years. In cases where the buyer is found within the territory of Nepal, the buyer shall be liable to the same punishment as is imposable on the seller.
Number 2.
No person shall separate or lure to separate a minor below the age of Sixteen years or even a major who is mentally unsound, from his or her guardianship without the consent of his or her legal guardian. If someone is so separated or lured, the offender shall be liable to the punishment of a fine of up to Five Hundred Rupees or imprisonment for a term not exceeding Three years or with both.
Number 3.
No person shall make any other person a Kamara, Kamari (sub-servant), slave or bonded labor. A person who makes another person a sub-servant, slave or bonded labor shall be liable to the punishment of imprisonment for a term ranging from Three years to Ten years, and the court may issue an order for the provision of a reasonable compensation by the offender to the victim.
Number 4.
If a person aids the offender to commit the offence as referred to in Number 1, 2 or 3 of this Chapter, the person shall be liable to half the punishment that is imposed on the principal offender.
Number 5.
If a human being is sold or bought as referred to in Numbers 1 and 3 of this Chapter, the amount involved on behalf of the buyer shall be void (may not be returned) and the seller shall be liable to the punishment of a fine equal to the amount involved in such a sale, in addition to the punishment mentioned in those Numbers.
Chapter – 17 On Marriage
Number 2.495
While contracting a marriage, no one shall arrange to marry nor cause to be married where the male and the female have not completed the age of Eighteen years with the consent of the guardian and that of twenty years in case of absence of the consent of the guardian. The persons having attained majority, out of those who marry or cause to be married in violation of this provision, shall be punished as follows:
Number 7.497
No marriage shall be solemnized or arranged without the consent of both the male and the female parties thereto. If a marriage is solemnized or arranged by force without consent, such a marriage shall be void. One who concludes or arranges such a marriage shall be punished liable to punishment of imprisonment for a term not exceeding Two years. Nepal General Code
Section 2. Definition
Unless the Subject or context otherwise requires, in this Act-
(e) "Exploitation" means an act of keeping human being as a slave and bonded and this word also includes to remove human organ except otherwise provided by prevailing law.
Section 3. Human beings not to be trafficked and transported:
(1) No one shall commit or cause to commit human trafficking and transportation.
(2) If anyone commits an act under Subsection (1), that shall be deemed to have committed an offence under this Act.
Section 4. Acts considered as Human Trafficking and Transportation:
(1) If anyone commits any of the following acts, that shall be deemed to have committed human trafficking:
(a) To sell or purchase a person for any purpose,
(b) To use someone into prostitution, with or without any benefit,
(c) To extract human organ except otherwise determined by law,
(d) To go for in prostitution.
(2) If anyone commits any of the following acts, that shall be deemed to have committed human transportation:
(a) To take a person out of the country for the purpose of buying and selling,
(b) To take anyone from his /her home, place of residence or from a person by any means such as enticement, inducement, misinformation, forgery, tricks, coercion, abduction, hostage, allurement, influence, threat, abuse of power and by means of inducement, fear, threat or coercion to the guardian or custodian and keep him/her into ones custody or take to any place within Nepal or abroad or handover him/her to somebody else for the purpose of prostitution and exploitation.
Section 15. Punishment
(1) Any person who commits an offence as prescribed under Section 3 shall be punished as follows:
(a) Twenty years imprisonment and a fine of Two Hundred Thousand Rupees for selling or buying a human being,
(b) Ten years to Five years imprisonment and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for forcing into prostitution, with or without financial benefit,
(c) 10 years imprisonment and a fine of Rs Two Hundred Thousand to Five Hundred Thousand Rupees for extracting human organ except otherwise determined by law,
(d) One month to three months imprisonment and a fine of Two Thousand Rupees to Five Thousand Rupees for a person engaged in prostitution.
(e) For a person who is involved in transportation of human being for the purpose of buying, selling and engaging someone in prostitution-
(1) Ten years to Fifteen years imprisonment and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for taking a person out of the country. Fifteen years to Twenty years imprisonment and a fine of One Hundred Thousand Rupees to Two Hundred Thousand
Rupees for taking a child out of the country.
(2) Ten years of prison and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for taking a person from one place to another place within the country. Ten years to Twelve years imprisonment and a fine of One Hundred Thousand Rupees for taking a child from one place to another place within the country.
(f) One years to two years of imprisonment for taking a person from one place to another place within the country, and two years to five years of prison for taking out of the country for the purpose of exploitation under Clause (b) of Sub-section (2) of Section 4.
(g) Except otherwise written in clause (e) and (f), seven years to ten years of prison for a person committing an offence under clause (b) of Subsection (2) of Section 4.
(h) The person engaged in provocation, conspiracy and attempt of an offence of human trafficking or transportation or an abettor of that offence shall get half out of full punishment envisioned for that offence.
(2) Notwithstanding anything written in Sub-section (1), the punishment in the following matters shall be as follows:
(a) If same person is involved in buying or selling and forcing into prostitution, with or without any benefit; he/she shall be liable for punishment under both offences,
(b) If same person is involved in buying or selling or forcing into prostitution, with or without any benefit, and in an offence under Clause (b) of Sub-section (2) of Section 4, he/she shall be liable for punishment under both offences,
(c) Notwithstanding anything mentioned in Clause (b), if same person is involved in an offence under Clause (b) of Sub-Section (2) of Section 4 and in transporting a human being from one place to another place within Nepal or outside the country for the purpose of buying, selling or forcing into prostitution, with or without any benefits; he/she shall be liable for separate punishment for each offence.
(3) If an offence under Section 3 is committed by person holding a public post; in addition to the regular punishment for that offence, he/she shall be liable for Twenty five 25 percentage additional punishments.
(4) If anyone commits an offence under Section 3 with a person under protection or guardianship or if the victim is relative of the offender as incorporated in the Chapter of Incest in civil code , he/she is shall be liable for ten percentage additional punishment besides regular punishment under this Act.
(5) If anyone commits an offence under Section 3 repeatedly, for every offence he/she shall be liable for it additional one-fourth punishment in addition to the regular punishment.
(6) If, in the course of proceeding of the case, a person involved in reporting the offence under Section 5 of this Act gives contrary statement to that of the statement giver earlier or if he/she does not appear before the court on its notice or does not assist to the court, shall be liable for three months to one year of imprisonment.
13. Prohibition to engage Children in begging and to make fakir:
1) No Child shall be permitted to be engaged in begging except in following the religious or cultural traditions.
16. Children not to be made involved in immoral profession:
(1) No person shall involve or use a child in immoral profession. 2) No photograph of a child shall be taken or allowed to be taken, nor such photograph shall be distributed or exhibited for the purpose of engaging a Child in immoral profession. 3) No publication, exhibition or distribution of photograph or personal events or descriptions of a child tarnishing the character of such Child shall be made. 4) No child be made involved in the sale or distribution of, and trafficking in alcoholic drinks, narcotic drugs or any other drugs.
17. Restriction on employment:
(1) A Child who has not attained the age of 14 years shall not be employed in any works as a labourer. (2) A Child who has attained the age of 14 years or above shall not be employed in work as a labourer during the period from 6'O clock in the evening to 6 O'clock in the morning.(3) A child who may be employed in work as a labourer shall not be made to be engaged in work against his will. 4) Every child-labourer shall be provided equal remuneration for the equal work without discrimination of any kind, irrespective of the child's sex religion, race or color1, caste and community.
18. Protection from engaging in hazardous work : No child shall be engaged in work that is likely to be harmful to the Child's health or to be hazardous tot he Child's life.
Paragraph 305
The institution of slavery in the Kingdom of Nepal was abolished during the Prime Ministership of Chandra Shumsher Jang Bahadur Rana on 13 April 1926. Section 17 of the Mulki Ain (code of Nepal Laws) (Chapter of Human Exploitation) as amended reads:
“Whereas the Government, with a view to abolish the cursed institution of slavery from the country, has after preparing a list of slaves in the capital, the plains and the mountainous regions (that is, in the whole of Nepal), and paying out their debts, emancipated them all and abolished the system of losing community status and repealed the Provision of the aw in this respect, no person after the first day of Baisakh, 1982 (13 April 1926) shall sell or buy these emancipated persons or their progenies as slaves, nor shall there be any other kind of trade with regard to these persons, nor shall any person be brought (to Nepal) from any foreign country and kept or bought or sold as slave.”
Paragraph 307
The Constitution of Nepal provides:
“Article 13: Right against exploitation
Traffic in human beings slavery and forced labour are prohibited.”
Paragraph 308
The new Mulki Ain which came into effect on Bhadra 1, 2020 provides for the punishment of persons trading in or keeping slaves.
Chapter 309
Chapter on human traffic and trade
Section 1. No person shall, with the intention of trading in human beings, entice another person out of the territory of Nepal or having so removed him trade in such person. Any person arrested before such trade is completed within foreign territory shall be punished with imprisonment extending from three to seven years. In case the buyer is found within the territory of Nepal, he shall be liable for punishment equal to that of the seller.
Section 3. No person shall render another eron a slave: neither shall any person sell or buy another person as slave. In case any person is so rendered or sold or bought, the person committing such act of rendering another person a slave or of selling or buying, shall be liable to punishment for every such person so rendered with imprisonment extending from five to seven years.
Paragraph 75
…slavery for debt has… been suppressed in Nepal under the Constitution of 1948…
Chapter-2 Basic Provisions Relating to Labours
(1) No person shall employ any labour in forced labour, directly or indirectly.
(2) Notwithstanding anything contained in sub-section (1), the following work or service performed by a labour shall not be deemed to be forced labour:
(a) Any work or service required to be performed under the duties of citizens as and when the nation so requires,
(b) Any work or service required to be performed by any person in consideration for the sentence imposed by a decision or order of a court,
(c) Any work or service required to be performed as a member of a community for the interest of such a community.
Explanation: For the purpose of this Section, "forced labour" means any work or service performed by any labour against his or her will as a result of a threat of taking any action having financial, physical or mental impact if he or she does not perform such a work or service
(1) If any person engages any one in forced labour, the Labour Court may punish such a person with imprisonment for a term not exceeding two years or a fine not exceeding five hundred thousand rupees or both and require such person to pay remuneration, allowance and benefits including damages that is two times of such amount to the labour. Provided that if any person takes another person outside Nepal and engages him or her in forced labour, it shall also order the recovery of expenses incurred in bringing that other person into Nepal.
(2) If any person dies or suffers grievous hurt as a result of violation, knowingly or recklessly, of any provision relating to occupational safety and health set forth in this Act or the rules framed under this Act or any person dies as or gets any of his or her bodily organ disabled or his or her physical or mental state becomes adversely affected a result of infection of occupational disease caused as a result of performance or non-performance of any act or any part of the body becomes disabled or physical or mental state, the person who commits such act shall be liable to the punishment, if any, provided for in the prevailing law and, failing such provision, to the punishment of imprisonment for a term not exceeding two years, and the Labour Court may require such person to pay appropriate compensation to the aggrieved person.
(3) Where a body corporate commits any offence punishable under this Act, such body shall be punished with the fine, and if imprisonment is also imposable for such offence, the chief executive of such body shall be imprisoned accordingly.
Unless the subject or context otherwise requires; in this Act-
(a) "Bonded labour (Kamaya shram)" means the labour or service to be rendered for a creditor for the following reasons without wages or with nominal wages.
(1) To pay back the debt obtained by him/ her or family and to pay the interest thereof.
(2) To pay back the debt obtained by his/her ascendant and to pay back the interest thereof
(3) To pay back the bonded debt of bonded labourer by a person who has given a guarantee before the creditor on behalf of a bonded labourer.
Every person who is serving as bonded labourer at the time of the commencement of this Act shall, ipso facto, be freed from bonded labour after the commencement of this Act.
No one shall keep or employ any one as a bonded labourer after the commencement of this Act
After the commencement of this Act, no bonded labourer shall be obliged to pay back the bonded debt obtained by him/her from any creditor.
Notwithstanding anything contained in the prevailing law, all the deeds (instrument) or written or gentleperson agreement (verbal agreement) concluded between the creditor and the bonded labourer in respect of debt shall ,ipso facto, be void after the commencement of this Act.
The creditor shall refund the property taken by him/her as a mortgage or guarantee, if any, in the course of providing debt to the bonded labourer to the concerned person within a period of Three months after the commencement of this Act.
(1) If a person employs any one as a bonded labourer violating Section 4, the Adjudicating Authority shall impose a fine on him/her not less than Fifteen Thousand Rupees and not exceeding Twenty five thousand Rupees; and shall provide the two-fold amount of the minimum wage as determined pursuant to this Act for the each day of employment to the victim from such employer (offender).
(2) If a person fails to refund the property taken as a mortgage or guarantee pursuant to Section 7, the Adjudicating Authority shall impose a fine on him /her not less than Ten Thousand Rupees and not exceeding Fifteen Thousand Rupees and shall cause to refund the said property to the concerned person.
(3) If a person employs any one without paying wages or with lower wages than the minimum rate, the Adjudicating Authority shall impose a fine on him/her not less than One Thousand Rupees and not exceeding Three Thousand Rupees; and shall provide the two-fold amount of the minimum wage as determined pursuant to this Act for the each day of employment to the victim from such employer (offender).
(4) If a person hinders or obstructs to anyone in the course of investigation of any act committed contrary to this Act, the Adjudicating Authority shall impose a fine on him/her not less than Three Thousand Rupees and not exceeding Ten Thousand Rupees.
(5) Save as provided in Sub-section (1), (2), (3) and (4), if a person commits an act in contravention of this Act and the Rules framed here under, the Adjudicating Authority shall impose a fine on him/her not less than One Thousand Rupees and not exceeding Three Thousand Rupees.
(6) If a person knowingly/willingly or with an intention to make trouble to anyone lodges a fake complaint, the Adjudicating Authority shall impose a fine on him/her not less than One Thousand Rupees and not exceeding Three Thousand Rupees.
(7) If a person, who has committed an act as referred to in Subsection (1), (2), (3), (4), (5) and (6), holds an office of public profit or a person who has been already punished under this Act, again commits the same act, the Adjudicating Authority shall impose two-fold punishment of the punishment mentioned in the concerned Sub-section.
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