Discrimination Law in Nepal: Inhuman Treatment

Laws against Discrimination and Acts of Degradation and Inhumanity have been provisioned in the National Penal Code in Chapter 10 Sections 160 to 170.

Discriminatory Treatment

No authority exercising power under the Law is allowed to intentionally discriminate against any individual based on these factors in Nepal:

1. Origin
2. Religion
3. Color
4. Caste
5. Race
6. Sex
7. Physical condition
8. Disability
9. Condition of health
10. Marital status
11. Pregnancy
12. Economic condition
13. Language
14. Region
15. Ideology etc.

Any Individual found guilty and convicted of carrying out or causing to carry out discrimination (Aggravating Factor) based on the above factors is liable to a sentence of Imprisonment not more than three years and a fine not more than NPR 30,000 or both.

Discrimination In Goods and Services

An Individual is forbidden to discriminate against another individual based on caste, race, or community when buying, selling, or distributing goods and services. It is prohibited to deny goods and services to individuals because of their caste, race, or other above-listed Factors.

An Individual who carries out or causes to carry out Discrimination in Goods and Services for a term of imprisonment not exceeding three years or a fine not more than NPR 30,000 or both.

Forced Labor

Section 162 of the National Penal Code has prohibited Forced Labor in Nepal. It provides that no individual shall force others to work against their will. However, Labor for engaging in Public Work in accordance with the law is an Exception.

For committing or causing to commit false labor in Nepal, an Individual is liable to a sentence of Imprisonment not more than three months or less than an NPR 5,000 fine or both.

Slavery

Slavery Laws have been furnished in Nepal in Section 163 of the National Penal Code. It has established the illegality of subjecting anyone to slavery, servitude, or similar treatment or employing them to resemble slavery or cause Slave-like Treatment.

The Punishment for Slavery in Nepal is a sentence of Imprisonment from 5 years to 10 years and a fine ranging from NPR 50,000 to NPR 1,00,000.

Serfdom/Debt Bonded Labor

No person can force others to serfdom or bonded labor or subject them to a Similar Treatment. A person found guilty of forcing others into Serfdom or Bonded Labor is subject to a prison term not exceeding three to seven years and a fine ranging from NPR 30,000 to NPR 1,00,000.

Social Rites and Rituals

Nepal has forbidden the undermining or causing to undermine Social Rites and Rituals through misrepresentation or the use of Force. However, this provision does not protect Social Rites and Rituals that promote Racial Discrimination, and based Discrimination.

If an Individual undermines Social Rites and Rituals in Nepal, they are liable to a sentence of imprisonment not more than one year or a fine less than NPR 10,000 or both.

Caste-Based Untouchability or Discrimination

Section 166 of the National Penal Code has strictly prohibited subjecting anyone to untouchability or any form of Discrimination in Nepal. Moreover, an individual shouldn’t be limited or prevented from entering places of Public Heritage or any religious institutions for that matter.

They cannot be denied essential utilities including access to water sources based on Caste, Race, or other forms of Discrimination. They apply to the above-listed Factors of Discrimination.

If anyone commits the offense mentioned above, they can face imprisonment for a term not exceeding three years, or, a fine not more than NPR 30,000 or both the sentence. If a public servant commits these crimes, they are liable to an extra three Months of Imprisonment.

Degrading or Inhuman Treatment

It is illegal for any Individual to subject another Individual to degrading or Inhuman Treatment in Nepal. The following are considered degrading or Inhuman Treatment by Section 168 of the National Penal Code:

1. Accusing someone of being a witch.
2. Forcing someone out of their place of residence based on witchcraft accusations.
3. Ex-communicating an individual from society.
4. Inflicting cruel, inhuman, or degrading treatment through any other means or actions.

If an Individual commits the above-mentioned Degrading or Inhuman Treatment, they can be imprisoned for up to five years and a fine of not more than NPR 50,000.

Moreover, the provision has further criminalized the practice of banishing women to a shed during menstruation or delivery (commonly known as Chaupadi). One cannot be subject to any form of discrimination, untouchability, or inhuman treatment.

If an Individual carries out or causes to carry out these offenses, they may face a prison term of three months or a fine not more than NPR 3,000 or both. For Public Servants that conduct degrading or inhuman treatment, they can face an additional sentence of up to three months.

Statute of Limitation

For offenses related to Slavery and Serfdom/Debt Bonded Labor, the Act hasn’t specified any Statute of Limitation and the case can be filed anytime. However, for the commission of other offenses, individuals are liable to 6 Months of Imprisonment.