nayan135/constitution · Datasets at Hugging Face

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undermine the security of Nepal or on an act of sedition or on any
act which may undermin e the harmonious relations between the
Federal Units or on any act of incitement to caste -based or
communal hatred or on any act which may undermine the
harmonious relations between various castes, tribes, religions and
communities, or on any act of acquisition of , or restriction on,
membership of any political party on the basis solely of tribe,
language, religion, community or sex or on any act of formation of a
political party with discrimination between citizens or on incitement
to violent acts o r on any act which may be contrary to public
morality.
(4) Nothing in sub -clause (d ) shall be deem ed to prevent the making of
an Act to impose reasonable restrictions on any act which may
undermine the sovereignty, territorial integrity, nationality and
independence of Nepal, or o n any act which may constitute
espionage against the nation or on any act of divulge nce of national
secrecy or on any act assisting any foreign state, organization or
15
representative in a manner to undermine the security of Nepal or on
an act of sedition or on any act which may undermine the
harmonious relations between the Federal Units or on any act of
incitement to caste -based or communal hatred or on any act which
may undermine the harmonious relations between various castes,
tribes, religions and communities or on incitement to violent acts or
on any act which m ay be contrary to public morality.
(5) Nothing in sub -clause (e) shall be deemed to prevent the making of
an Act to impose reasonable restrictions on any act which may
undermine the interest of the general public or which may
undermine the harmonious relations between the Federal Units or the
harmonious relations between the peoples of various castes, tribes,
religions or communities or which may constitute or incite vio lent
acts.
(6) Nothing in sub -clause (f) shall be deemed to prevent the making of
an Act to prev ent any act which may undermine the harmonious
relations between the Federal Units or any act which may be
contrary to public health, decency or morality of the general public
or to confer on the State the exclusive right to undertak e any specific
industry, trade or service, or to prescribe any condition or
qualification for carrying on any industry, trade, occupation,
employment or business.
18. Right to e qualit y: (1) All cit izens shall be equal before law. No person shall be
denied the equal protection of law .
(2) No discrimination shall be made in the application of general
laws on grounds of origin, religion, race , caste, tribe, sex , physical condition,
condition of health, marital status, pregnancy, economic condition, language
or region, ideology or on similar other grounds .
16
(3) The Sta te shall not discriminate citizens on grounds of origin,
religion, race , caste, tribe, sex, economic condition, langu age, region, ideology
or on similar other grounds.
Provided that nothing shall be deemed to prevent the making of spe cial
provisions by law for the protection, empowerment or development of the
citizens including the socially or culturally backward women, Dalit ,
indigenous people , indigenous nationalities, Madhesi , Tharu , Muslim,
oppressed class, Pichhada class, minorities, the marginalized, farmers, labours,
youths, children, senior citizens, gender and sexual minorities, persons with
disabilities, persons in pregnancy , incapacitated or helpless, backward region
and indigent Khas Arya .
Explanation : For the purposes of thi s Part and Part 4, " indigent" means a
person who earns income less than that specified by the Federal law.
(4) No discrimination shall be made on the ground of gender with
regard to remuneration and social security for the same work.
(5) All offspring shall have the equal right to the ancestral property
without discrimination on the ground of gender.
19. Right to c ommunication : (1) No publication and broadcasting or dissemination
or printing of any news item, editorial, feature article or other reading, audio
and audio -visual material through any means whatsoever including electronic
publication, broadcasting and printing shall be ce nsored.
Provided that nothing shall be deemed to prevent the making of Acts to
impose reasonable restrictions on any act which may undermine the
sovereignty, territorial integrity, nationality of Nepal or the harmonious
relations between the Federal Units or the harmonious relations between
various castes, tribes , religions or communities, or on any act of sedition,
defamation or contempt of court or incitement to an offence, or on any act
17
which may be contrary t o public decency or morality, on any act of h atred to
labour and on any act of incitement to caste -based untouchability as well as
gender discrimination.
(2) No radio, television, on -line or other form of digital or electronic
equipment, press or other means of communication publishing , broad casting or
printing any news item, feature, edit orial, article, information or other material
shall be closed or seized nor shall registration thereof be cancelled nor shall
such material be seized by the reason of publication, broadcasting or printing
of such material through any audio, audio -visual or electronic equipment.
Provided that nothing contained in this clause shall be deemed to prevent
the making of an Act to regu late radio, television, online or any other form of
digital or electronic equipment, pre ss or other means of communication.
(3) No mean s of communication including the press, electronic
broadcasting and telephone shall be interrupted except in accordance with law.
20. Rights r elating to justice : (1) No person shall be detained in custody with out
informing him or her of the ground for his or her arrest.
(2) Any person who is arrested shall have the right to consult a legal
practitioner o f his or her choice from the time of such arrest and to be defended
by such legal practitioner. Any consultation made by such person with , and
advice given by, his or her legal practitioner shall be confidential .
Provided this clause shall not apply to a citizen of an enemy state .
Explanation : For the purpos e of this clause, "legal practitioner" mean s
any person who is authorized by law to represent any person in any court.
(3) Any person who is arrested shall be produced before the
adjudicating authority within a period of twenty -four hours of such arrest ,

undermine the security of Nepal or on an act of sedition or on any

act which may undermin e the harmonious relations between the

Federal Units or on any act of incitement to caste -based or

communal hatred or on any act which may undermine the

harmonious relations between various castes, tribes, religions and

communities, or on any act of acquisition of , or restriction on,

membership of any political party on the basis solely of tribe,

language, religion, community or sex or on any act of formation of a

political party with discrimination between citizens or on incitement

to violent acts o r on any act which may be contrary to public

morality.

(4) Nothing in sub -clause (d ) shall be deem ed to prevent the making of

an Act to impose reasonable restrictions on any act which may

undermine the sovereignty, territorial integrity, nationality and

independence of Nepal, or o n any act which may constitute

espionage against the nation or on any act of divulge nce of national

secrecy or on any act assisting any foreign state, organization or

15

representative in a manner to undermine the security of Nepal or on

an act of sedition or on any act which may undermine the

harmonious relations between the Federal Units or on any act of

incitement to caste -based or communal hatred or on any act which

may undermine the harmonious relations between various castes,

tribes, religions and communities or on incitement to violent acts or

on any act which m ay be contrary to public morality.

(5) Nothing in sub -clause (e) shall be deemed to prevent the making of

an Act to impose reasonable restrictions on any act which may

undermine the interest of the general public or which may

undermine the harmonious relations between the Federal Units or the

harmonious relations between the peoples of various castes, tribes,

religions or communities or which may constitute or incite vio lent

acts.

(6) Nothing in sub -clause (f) shall be deemed to prevent the making of

an Act to prev ent any act which may undermine the harmonious

relations between the Federal Units or any act which may be

contrary to public health, decency or morality of the general public

or to confer on the State the exclusive right to undertak e any specific

industry, trade or service, or to prescribe any condition or

qualification for carrying on any industry, trade, occupation,

employment or business.

18. Right to e qualit y: (1) All cit izens shall be equal before law. No person shall be

denied the equal protection of law .

(2) No discrimination shall be made in the application of general

laws on grounds of origin, religion, race , caste, tribe, sex , physical condition,

condition of health, marital status, pregnancy, economic condition, language

or region, ideology or on similar other grounds .

16

(3) The Sta te shall not discriminate citizens on grounds of origin,

religion, race , caste, tribe, sex, economic condition, langu age, region, ideology

or on similar other grounds.

Provided that nothing shall be deemed to prevent the making of spe cial

provisions by law for the protection, empowerment or development of the

citizens including the socially or culturally backward women, Dalit ,

indigenous people , indigenous nationalities, Madhesi , Tharu , Muslim,

oppressed class, Pichhada class, minorities, the marginalized, farmers, labours,

youths, children, senior citizens, gender and sexual minorities, persons with

disabilities, persons in pregnancy , incapacitated or helpless, backward region

and indigent Khas Arya .

Explanation : For the purposes of thi s Part and Part 4, " indigent" means a

person who earns income less than that specified by the Federal law.

(4) No discrimination shall be made on the ground of gender with

regard to remuneration and social security for the same work.

(5) All offspring shall have the equal right to the ancestral property

without discrimination on the ground of gender.

19. Right to c ommunication : (1) No publication and broadcasting or dissemination

or printing of any news item, editorial, feature article or other reading, audio

and audio -visual material through any means whatsoever including electronic

publication, broadcasting and printing shall be ce nsored.

Provided that nothing shall be deemed to prevent the making of Acts to

impose reasonable restrictions on any act which may undermine the

sovereignty, territorial integrity, nationality of Nepal or the harmonious

relations between the Federal Units or the harmonious relations between

various castes, tribes , religions or communities, or on any act of sedition,

defamation or contempt of court or incitement to an offence, or on any act

17

which may be contrary t o public decency or morality, on any act of h atred to

labour and on any act of incitement to caste -based untouchability as well as

gender discrimination.

(2) No radio, television, on -line or other form of digital or electronic

equipment, press or other means of communication publishing , broad casting or

printing any news item, feature, edit orial, article, information or other material

shall be closed or seized nor shall registration thereof be cancelled nor shall

such material be seized by the reason of publication, broadcasting or printing

of such material through any audio, audio -visual or electronic equipment.

Provided that nothing contained in this clause shall be deemed to prevent

the making of an Act to regu late radio, television, online or any other form of

digital or electronic equipment, pre ss or other means of communication.

(3) No mean s of communication including the press, electronic

broadcasting and telephone shall be interrupted except in accordance with law.

20. Rights r elating to justice : (1) No person shall be detained in custody with out

informing him or her of the ground for his or her arrest.

(2) Any person who is arrested shall have the right to consult a legal

practitioner o f his or her choice from the time of such arrest and to be defended

by such legal practitioner. Any consultation made by such person with , and

advice given by, his or her legal practitioner shall be confidential .

Provided this clause shall not apply to a citizen of an enemy state .

Explanation : For the purpos e of this clause, "legal practitioner" mean s

any person who is authorized by law to represent any person in any court.

(3) Any person who is arrested shall be produced before the

adjudicating authority within a period of twenty -four hours of such arrest ,