Science

Bullying may be simple one that is individually done in the form of one-on-one bullying or may
appear as more complex bullying in which bully has one or more aggressors assisting the main bully
in his or her bullying activities. Individual bullying is done by one person against a target or targets.
One notices physical, verbal, and relational bullying more in primary and lower-secondary levels.
Cyber-bullying is more common in secondary school, college and even after that. Let us know about
these types of bullying as mentioned here. Bullying is divided into following four fundamental
types of abuse:
1. Physical Bullying: Physical bullying hurts the victim’s (target’s) body or causes suffering by

depriving the victim/target of his/her property (or possessions) and belongings.
2. Verbal Bullying: Verbal bullying is practiced by using words, and language. Calling names,

using threatening and intimidating words, spreading rumors and jibes, making fun of others
and so on are common forms of verbal bullying.
3. Emotional (Relational) Bullying: Emotional bullying is done with an intention of hurting
(damaging) somebody’s status, disability, reputation or social standing. It is an act of defamation
and emotional torture.
4. Cyber Bullying: Cyber bullying happens through use of any technological device. Cyber
bullying mostly includes the technology like email, instant messaging, text-messaging, websites
and social networking (such as facebook, Myspace, Instagram, Twitter, etc.) to spread malice,
abuse and defamation

Physical and Verbal Bullying Emotional Bullying Cyber Bullying

Note: Bullying can also happen by using non-verbal cues and gestures which have obscene
meaning and convey some kinds of cultural taboos.

Bullying: Causes and Effects
Causes of Bullying: Several analyses and studies on causes of bullying have disclosed

interesting reasons behind this behavior. Generally, emotions of envy and resentment act as
motives for bullying. On the hand, some bullies are arrogant and narcissistic. Deep down
somewhere they have hidden desire to be known (famous) but they do not know the correct way
to become superior and famous. So they end up being bullies. Instead of developing their good
qualities within, they choose wrong way of bullying others to establish their superiority. They
use bullying as a tool (weapon) to hide shame or anxiety or to boost self-esteem by demeaning
(disrespecting) others or making them feel inferior. Bullies show abusive behavior because they
have inflated (big) sense of being superior (ego) but they are not able to prove their superiority
through their talents and other qualities. A typical bully has trouble resolving problems with
others and has weak academic performance. S/he develops negative attitude and beliefs about

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others. Broken home, poor (weak) parenting, emotional disturbance in family are the probable
reasons for becoming a bully. Bullies are negatively influenced by peer groups and do not have
healthy feeling about school or any other place they are in.

Other researchers have discovered that some of the bullies are psychologically the strongest
and have the highest social standing among their peers. Thus, they command authority. These
bullies have authoritarian personalities and they think that they have taken birth to control
(dominate) others. And, peer groups often promote such bullies and even participate in bullying
behaviors such as mocking, excluding, punching, and insulting as a source of entertainment or
simply to suppress marginalized and poor students (people). This kind of bullying arises out
of biased view of other groups on grounds of region (Hills vs. Tarai), religion (Hindus vs. Non-
Hindus), gender (Male vs. Female), ethnicity (Pahadi vs. Madhesi), economic status (Rich vs.
Poor) and language (Nepali vs. Hindi), nationality (Nepali vs. Others) and so on.

Effects of Bullying: Victims (targets) of bullying may develop permanent (grievous) injury

on physical body or emotional scar such as depression, inferiority complex and so on in their
psyche. They may succumb to bullying not to stand up again in their life. Researchers have
indicated that individuals (child or adult), if continuously subjected to abusive behavior of
bullying, may develop longterm emotional and behavioral problems leading towards self-
harm. Victims of bullying develop low self-esteem and show increased rate of falling ill. Young
children are not able to concentrate in class study and home-assignment due to bullying.
They show adjustment problem in their behavior. Bullying invites quarreling and fights by
disturbing peaceful and cooperative environment of a place. It generates revenge on the other
side and ultimately may lead to violence and greater harms on both the sides. Bullying ends the
highest qualities of human relations such as love, respect, coexistence, sympathy and empathy
by destroying the personal, individual as well as social relationship. Individual gets alienated
(isolated) and thus no socialization takes place. In some of the cases of bullying, victims (targets)
stand up for themselves and push their rights against the bullies. Victims (targets) organize
themselves to challenge the aggressor (bully) and motivate others to develop valuable skills to
show strength and character to handle the bully.

At the end, we must try our best to avoid a culture of bullying. We must stand together to support
the cooperative and supportive environment in our family and school but must discourage any
attempt or effort to promote discrimination, inequality and prejudice. We should show respect
towards everyone to earn respect from them. Friends, family members, teachers, students and
elders must create an environment of understanding and tolerance to allow different ideas,
living styles, and different range of skills in family, school and other such places.

Words and terms you would like to know

Languish (v.): to undergo hardship as a result of being deprived of something
Recur (v.): to occur (happen) again and again
Compulsive (adj.): driven by unstoppable force to do something
Repercussion (n.): result of an action
Chronic (adj.): long-lasting illness or medical condition
Introspection (n.): self-examination
Alienation (n.): state of being unfriendly and unsympathetic
Harassment (n.): behavior that threatens or torments somebody
Succumb (v.): give in, to be unable to oppose or resist

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Activities

1. Bullying is a social problem in Nepal. Prepare a specimen of ‘PUBLIC APPEAL’ against bullying
in Nepal and display it on ‘School NoticeBoard’.

2. Following is the data on violence related deaths in Nepal:

Causes of Death Number (in percentage)

Use of Force against the Victim’s wish 24

Use of Sharp weapon 21

Strangulating neck 11

Burning to Death 02

Fire-arms 04

Unknown Reasons 13

Others 25

Source: World Health Organization
a) Explain the roles played by Government of Nepal at institutional level in order to control
violence in the society.
b) Explain what steps should be taken by an individual to curb violence.
c) Show the data above in bar-diagram.

3. What precautions and preparations have been made to avoid addiction and prevent the family
and community members from drug abuse, alcoholism, gambling, watching and chatting on
internet in suspicious and objectionable manners? Talk to your parents, elders, guardians and
social workers to collect the details with regard to your family and community.

4. Compare and contrast the nature and feature of social problems prevailing in the past with the
social problems of the present-day society.

5. Read the following news-report. Discuss the positive impact of the ‘Protection against Sexual
Violence ACT’ on our society in the class and write an essay on it.

Judicial Order on Drafting Law on Protection against Sexual Violence

Kathmandu, Magh 12
Supreme Court of Nepal has directed the executive branch of the Government to introduce a bill
in legislature for making law to provide protection to Nepalese women against sexual violence
committed on them. A bench of two judges has directed the executive to have two separate
laws – one for providing relief to the victims of sexual violence and the other for punishing the
culprits (perpetrators of sexual violence). Supreme Court has made judicial observation in this
regard that Nepal can no longer be guided by old laws to deal with severity of sexual violence
against Nepalese women when the country has already signed on international declaration to
stop violence against women. Children and women are still suffering from sexual violence and
struggling hard to be rehabilitated in mainstream society. Supreme Court being the guardian of
constitution and protector of fundamental rights of citizens has shown concern to this matter.
Victims of sexual violence are still uncertain about their fate. It is to be noted here that National
Women Commission had already recommended to the executive for creating a separate department
(body) in order to look after the cases of sexual violence against women and children. Supreme
Court has reminded the executive in this regard to speed up the formation of separate body to
look after the victims of sexual violence. Supreme Court has further directed the National
Women Commission to follow up this matter with executive branch of the Government.

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Exercise

1. What is bullying? How is it different from mobbing?
2. Bullying may be simple as well as complex. Briefly comment on it with appropriate examples.
3. What do you mean by addiction? What are its essential components?
4. Analyze different causes of drug addiction and alcoholism.
5. Explain the fundamental types of abuse caused by (through) bullying.
6. Briefly describe how addiction of drug and alcohol affects a person.
7. Define prostitution. Why is it known as modern day slavery?
8. Mention the causes (reasons) behind many girls/women being pushed into prostitution.
9. Why do people get into addiction? Make a list of reasons.
10. What are the ways (measures) to get people out of addiction?
11. Prostitution is a social problem. Justify this statement.
12. What are the effects of drug-addiction on individual, family and society? Make a separate list for

each of them.
13. Statutory legal prohibition on smoking in public places is a praiseworthy decision taken by the

Government. Why? Analyze it.
14. We must respect others to get respect. Write an essay on this topic in context of bullying.
15. Cyber-bullying is picking up fast in its reach and influence cutting across the physical boundaries

and hence is more dangerous in the 21st century. Examine the statement in light of nature and
scope of cyber-bullying in present day society.
16. Explain the measures (steps) to be adopted for ending girl-trafficking and prostitution in Nepal at
the levels of Government, community, family and individual.

Project Work

Interview at least 5 students of your school from grade 6 to grade 9 who have been victims of bullying
in one way or the other. What were the circumstances in which they were bullied? What was its
impact on their body land mind? How did parents and teachers respond to them after knowing about
bullying? What messages do they want to give to others regarding bullying?
Make a report by incorporating all the above questions and present the report to the principal of your
school.

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Lesson

4 Organizations to Social Reforms

Nation’s development is possible only when the entire society is well ahead on the path of
progress and social reforms. Different social organizations and institutions are working for
bringing social reforms in the Nepalese society. Some of them are working in specific region
or area of Nepal while others are working at the national level. All of them are active in their
works for the larger interest of the society and for the welfare of the community. These social
organizations have contributed to the Nepalese society in bringing social reforms in one way
or the other. These organizations are transforming the society by spreading awareness, finding
out ways for earning livelihood to raise income, and establishing peace by promoting people’s
participation and cooperation.

Local Organizations and their Contributions

Local organization exists for serving local humanitarian, socio-cultural and economic purposes
addressing local grievances and providing solutions to social problems at the local level.
Community-based organizations (CBOs) are definitely the examples of local organizations which
are more effective in addressing local needs/problems because of having greater understanding
of specific context of a community in which they choose to work. Local level Non-Government
Organizations (NGOs) too are local organizations working in different areas like health,
education, personal growth and improvement, social welfare and promoting self-help for the
disadvantaged.

Some of the local organizations operating in Nepal
1. Shakti Samuha: It rescues and rehabilitates the trafficked girls/women, especially in Hilly and

Himalayan regions of Nepal.
2. Shanti Samuha: Shanti Samuha posted notices all over the Benimanipur VDC, Nawalparasi

urging people to help in their advocacy against alcoholism and gambling to save families from
domestic violence and poverty.
3. Ama Samuha and Nari Samuha: Both Ama and Nari Samuha work to discourage violence
targeted against women. They also cooperate in controlling other social evils and social
problems. Ama Samuha (Mother’s Group) works in the areas of women’s empowerment and
mobilization at local-community level primarily focused on social awareness of child care,
primary health care, nutrition, sanitation, cleaning-up programs and family planning.
4. Buhari Samuha: Buhari Samuha (Daughters-in-law Groups) in Nawalparasi have raised their
voice and taken actions against the social problem of Daijo (Dowry system).
5. Local Clubs: Local clubs play positive roles in developing creative skills amongst the people
and fight against social evils and social problems prevailing in the local area (region). For
example, Children’s club of Siraha supports child education in the district and denounces early
marriages of children.
6. Rachana: A local organization called Rachana is active in Dhanusa district and works for all-
round development of the rural people in Dhanusa district.
7. Sinkalam Program: It has provided help in laying down the foundation of infrastructure and
work for preservation of environment in several districts of Nepal such as Sindhupalchowk,
Kavrepalanchowk, Lalitpur and Makwanpur.

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National Level Organizations and their Contributions

National level social organizations work for several causes like saving heritages, environment
and ecology, elimination of social evils and social problems, development of women or the
landless poor, and other vulnerable communities for their overall empowerment. Most of these
organizations work as Non-Government Organization (NGO).

Some of the noted national level organizations functioning in Nepal

1. Child Workers in Nepal–CWIN: Child Workers in Nepal, an NGO established in 1987 AD,
works with the motto “for children, with children”. It stands for children’s rights. It protects
and rehabilitates child-laborers, street children, children being exploited sexually, and child
victims of violence in Nepal.

2. Centre for Victims of Torture (Nepal-CVICT): It was established in 1990 AD. CVICT (Centre
for Victims of Torture) provides medical, psychosocial and legal services to torture and trauma
survivors and their families. CVICT provides support to the victims at the community and
refers serious cases to its centre-based rehabilitation centre.

3. Maiti Nepal: Maiti Nepal, established in 1993 AD, has been working towards “preventing
trafficking for forced prostitution, rescuing flesh trade victims and rehabilitating them”. It
further works towards finding “justice for the victimized girls and women by engaging in
criminal investigation and waging legal battles against the criminals responsible for trafficking
of girs and forced prostitution”.

4. Informal Sector Service Centre: The Informal Sector Service Centre (INSEC) began its work in
1989 AD in Kathmandu Valley for the promotion of political, civil and economic rights of the
people. INSEC’s main concerns are ‘knowledge and capacity building’ of rights defenders (and
rights claimers).

5. Nepal Forum of Environmental Journalists: Nepal Forum of Environmental Journalists
(NEFEJ), established in 1986 AD, is an organization of Nepali journalists who are working
actively in print, radio, and television dedicated to spread (raise) public awareness in the field
of environment and sustainable development. Popularly known as NEFEJ, this forum is the
most active environmental NGO of the country.

6. Paropkar Sanstha: Paropkar Sanstha provides good care (health), protection and shelterd
(hostel) education to orphans and deserted children in Nepal.

For the first time in Nepal, Social Service National Coordination Act, 2034 BS was enacted with
an objective of coordinating amongst the social organizations, NGOs and CBOs working in the
field of social service. Social Welfare Council Act, 2049 BS is another attempt to help operate
well-established organizations and institutions working in the field of social service after
organizing them systematically. Nepal Government has a clear policy to channel self-help groups
and self-motivated social organizations operating at local levels into main-stream of national

100 Nova Social Studies Grade-9 >>

level development. Although a large number of NGOs are working in Nepal, yet expected
level of qualitative change in the life of Nepali people is not visible. Most of these NGOs are
concentrated in urban areas (towns/cities) of Nepal and have neglected rural parts (villages)
of Nepal. On an average, one NGO is operating for 872 people or eight NGOs focusing on VDC
(Village Development Committee). With such a concentration of NGOs in socio-economic realm
of Nepalese life, expected development is nowhere in scene. In a democratic country like Nepal,
Government has to provide welfare and security at socio-cultural and economic level by raising
the civic-consciousness of the people; NGOs play complementary and supplementary role in
this regard in order to help the Government fulfill aforementioned responsibilities. Thus, NGOs
do not operate ‘far and away’ from the Government, rather they work with and within the
Government. Therefore, it is an urgent need of today to bring such NGOs in far-flung areas and
remote villages of Nepal.

Words and terms you would like to know

Empowerment (n.): having a greater sense of confidence or self-esteem
Mobilization (n.): organization of people or resources in order to be ready for development
Denounce (v.): to criticize or condemn something publicly and harshly
Complementary (adj.): interdependent, completing the other part
Supplementary (adj.): making up for something that is lacking

Activities

1. Make a list of all the local social organizations working in your community along with their
contributions made in different fields.

2. Explain the roles that students and teachers can play in social reforms. Create two groups and
have a discussion on it.

3. Prepare a news report on the efforts made for eradicating social problems in your community.
4. Write a letter to one of the NGOs functioning in your community for developing a coordinated

approach in order to bring development in rural and remote areas of Nepal.

Exercise

1. What do you understand by social organization? Write with examples.
2. What is NGO? Why do we require NGO to bring development and reform in our society?
3. What do you understand by local organizations? Explain their contributions in making the

Nepalese society a better place to live.
4. Briefly illustrate the functions of local clubs, Ama Samuha and Shanti Samuha at local level in

Nepal.

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5. Describe the contributions made by national level organizations in Nepal.
6. The problems of our society could be solved by adopting a well-coordinated approach between

the Government, NGOs, CBOs and local community. Explain it with the help of appropriate
examples and illustrations.
7. Highlight the major social reforms in Nepalese society which you appreciate most. Which social
organization would you like to join in future if given a chance? Give reasons.
8. Fill up the blanks below:

Social Organization Function
................................ To rehabilitate the victims of Torture
...................................... To check human trafficking,
Paropkar Sanstha ...........................................
Shakti Samuha ............................................

Community Work

Visit the offices of social organizations functioning in your community and acquire information about
their background, objectives, source of finance and kinds of works (functions) they are doing. Prepare
a report on it and submit it to the principle of your school.

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Lesson Efforts made towards Social
Reforms in Nepal
5

Is Nepal the only country facing a range of social problems? Definitely not…..There are many
other countries around the world facing social problems similar to Nepal. These social problems
(or issues) are poverty, unemployment, a history of authoritarianism, violence, crime, drug
peddling, environmental pollution, girl trafficking and so on. Chronic poverty…master cause
of majority of social problems has spread around many parts of Asia (specifically South Asia),
Central Africa and Latin America. Social problems which are unique to socio-cultural aspect of
Nepal deserve attention like Chhaupadi, Baadi, Haliya, Kamalari, Daijo, Gender-Discrimination,
Untouchability, etc. Government of Nepal now and a series of dynastic rulers in the past have
taken up steps to remove these social problems.

Social Reforms in Lichhavi, Malla and Shah Dynasties

King Manadeva from the Lichhavi Dynasty (400-750 CE) had stopped his mother from committing
SATI. In those times, women used to have great respect and enjoyed religious freedom. Jayasthiti
Malla (from Malla Dynasty) ascended to the throne of Nepal in 1350 AD (1438 BS) and introduced
sweeping social reforms by reorganizing the caste system prevailing within the Nepalese society
on the line of occupation and vocation. King Jayasthiti Malla used caste to transfer skills within the
group members with a view to create convenience for work, social order and to attain economic
self-sufficiency at that time. Jayasthiti Malla made distinct rules for each and every caste with
separate set of dress-code and even behaviors to distinguish them from other VARNAS (the
line of occupation and vocation). Jayasthiti Malla made fixed norms, ceremonies and rituals for
every caste with regard to birth, marriage, death and others. King Mahindra Malla delegated
the judicial powers on local bodies. He encouraged these local bodies to settle local disputes and
conflicts at local level. Under the scheme of decentralization of judicial powers, King Mahindra
Malla appointed the village heads (PRADHAN, SARPANCH) to resolve the local disputes. He
had effective supervision system to oversee the functioning of his judicial mechanism at local
levels throughout his kingdom.

Ram Saha Famous for Justice Delivery

Ram Shah ascended the throne of Gorkha in 1606 AD and ruled for twenty-six long years during
which he initiated several social reforms. Ram Shah had fixed the rate of interest at 10 percent in
cash and 25 percent in kind for ending exploitation of borrowers in hands of creditors. Furthermore,
in case of loans after 10 years, the creditor should not claim more than double the amount in cash
and triple the quantity in kind. Ram Shah discouraged any kind of unlimited compound interest
being charged on borrowers. Ram Shah is also credited with introducing a new system of standard
weight, scales and measures much better than Jayasthiti Malla did in Kathmandu Valley. Ram Shah
even set up grazing grounds for cattle and encroachment upon the grazing ground was punishable
by the law of the Kingdom. Many farmers and cattle-raisers were benefitted by this and could live
at that time without poverty. Ram Shah was known for his uncanny (precise) sense of justice and
had established efficient system of justice administration to serve his people. People would always
say as a mark of tribute to Ram Shah’s sense of justice, ‘If you don’t get justice, go to Gorkha’ (Nyay
napaye Gorkha janu).

Prithvi Narayan Shah the Great (1723–1775 AD), the founder King of the unified Nepal, in his
Divya Upadesh (Divine Counsel) has acknowledged diversity at the level of caste and ethnicity

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in Nepal and stressed on living together to create social harmony. Furthermore, Prithvi Narayan
Shah believed in clean administration and always desired to protect those who were vulnerable
to the wrath of ‘palace officials’. So he elaborated the same in Divya Upadesh, “Let the king see
that great justice is done. Let there be no injustice in our country. Justice is crippled when bribes
are given and when bribes are taken.” He discouraged corruption and considered both the bribe-
taker as well as bribe-giver as enemies of the state. Bhimsen Thapa (1775-1839 AD), the Mukhtiyar
of Nepal (equivalent to prime minister) from 1806 AD to 1837AD is also stated to have played
decisive role in banning Sati system in the society and bringing other social evils to end. He was
also against corruption and banned unnecessary expenditure just to show-off the wealth at the
time of Newars’ weddings and other such social occasions.

Social Reforms in Rana-Dictatorship

The Rana dynasty ruled over the Kingdom of Nepal from 1846 until 1951 AD (for 104 years),
reducing the Shah monarch to figurehead puppet by making Prime Minister and other government
positions hereditary. Founder of Rana Dynasty (as hereditary Prime Minister) Junga Bahadur
Rana ruled over Nepal from 1846 AD till his death on 25 February 1877. Junga Bahadur Rana
had given first codified Mulki Ain (Civil Code) in 1910 BS (1854 AD) containing administrative
procedures and legal frameworks for interpreting civil and criminal matters like inter-caste
disputes, marriage and family disputes, landlord-peasant disputes, etc. Bir Shumsher ruled
over Nepal as Prime Minister for over 15 years (from 1885 to 1901AD) and brought important
reforms particularly in areas of education and health for general public like opening up Durbar
High School for common people to spread English language amongst the masses, setting up Bir
Library for the collection and preservation of valuable books and manuscripts, establishing many
Pathshalas (School) in different parts of the country along with Bir Hospital and a sanitary system
to preserve the health of common men and women.

Although Dev Shamsher remained Prime Minister just for 144 days in 1901 AD he earned the
nickname of “The Reformist” for his progressive policies. Dev Shamsher was the first non-elected
Prime Minister who earnestly wanted to realize the goal of “universal education” in Nepal by
building schools all around the country by making Nepali as the language of instruction and
opened Durbar High School for those who were not the members of the Rana clan. Not only this,
he went even one step further by allowing admissions to a few middle-and-low-caste children to
Durbar High School and took concrete steps to abolish slavery besides introducing several other
social welfare schemes. Chandra Shamsher was the fifth Prime Minister from Rana Dynasty who
served for more than 28 years (from 27 June 1901 to 26 November 1929) and during his rule, he
brought regulations to abolish SATI PRATHA (1977 BS) and slavery system (1981 BS) besides
making it illegal for a woman to be killed on the accusation of practicing witchcraft. Chadra
Shumsher introduced law to protect runaway slaves caught after three years when their body-
price was paid to the owner but slaves caught after 10 years by owner would be considered as
totally free.

Efforts for Social Reforms from 2007 BS (1951AD) till today

The revolution for democracy that could successfully overthrow Rana autocracy in 1951 AD
(2007 BS) created unprecedented public awakening as people from all the backgrounds cutting
across their gender, caste and ethnic backgrounds came together on the street to campaign against
Rana’s dictatorship. This was a great success story never witnessed before at such a scale and thus
heralded a new consciousness of social harmony and national integration. Land reform programs
were initiated in 1960 AD (2016 BS) in order to address plight of landless laborers and bonded
labor but due to political reasons they could not be implemented. Later, Muluki Ain 2020 BS (The
National Code, 1963 AD) was amended in Panchayat-rule to ensure that everyone was equal

104 Nova Social Studies Grade-9 >>

in law and punishment for any crime was not to be guided by caste, religion and gender of the
accused. Punishment was to be solely based on the extent or gravity of the crime (guilt) decided
by the evidence put forward before court of law. This is how the Muluki Ain, 2020 B.S. was able
to curb child and mis-matched marriages in Nepal and allowed divorcees and widows to enjoy
security of marriage thereby guaranteeing ‘women empowerment’ and ‘gender equality’. Major
reforms were initiated in the “Education Sector” in 2028 BS when ‘National Education System
Policy’ was implemented to reform the curriculum, text-books, method of teaching/instruction,
supervision of teachers, their eligibility and their appointment and so on.
Mass Movement I in 1990 (2046 B.S.) was able to speed up the pace of social reforms in Nepal. The
Constitution of Kingdom of Nepal, 1990 (Baishakh 5, 2047 BS) widened the range of fundamental
rights of the people to achieve JUSTICE (at political, social and economic level) by making special
arrangements for women and children to avoid their exploitation in order to protect the people
and achieve the goal of welfare state. Increasing protests against the Kamaiya system, organized
by the “Kamaiya movement” finally led to its abolition and the government of Nepal banned
this system on Shrawan 2, 2057 (17th July 2000). Supreme Court of Nepal in 2006 AD declared the
practice of Kamlari as illegal in its decision.
Mass Movement II 2006 AD (2063 BS) proved successful to establish Nepal as “democratic and
republic country” which introduced a number of social reforms. Nepal was declared a secular
state on Jestha 4, 2063 by House of Representatives (PRATINIDHI SABHA) after the success of
Mass Movement II. Further, Interim Constitution of Nepal, 2063 BS (2007 AD) included assertive
and bold provisions to address the concerns of Dalits marginalized and suppressed class of
Nepalese society. This constitution transferred sovereignty to the hands of people and provided
extra set of fundamental rights to the people of Nepal for the first time. A slavery system being
practiced in modern Nepal called HALIYA was abolished in nine districts of far-western Nepal
on Bhadra 21, 2065 (September 6, 2008). Witchcraft (Charge and Punishment) Act 2014 AD has
been put into effect to stop the inhuman treatment of females accused of practicing witchcraft and
thus torturing women through thrashing, slandering, smearing them with black soot, pouring
acid on them or forcibly feeding them feces, on charge of witchcraft has been made a crime
now. The latest constitution known as “Constitution of Nepal – 2072 BS” which institutionalized
democracy in Nepal is an achievement for the Nepalese society. This Constitution declared Nepal
as democratic, republic, federal and secular state. The new Constitution provides a long list of
fundamental rights especially for women, children, Dalits, ethnic groups and other marginalized
classes. The Constitution includes a provision for affirmative action for historically deprived or
disadvantaged communities, among others. The rights of the women, Dalits, indigenous people
and minorities have been further ensured by creating Commissions for each of such groups.
Thus, Nepalese society has seen several social reforms in the past and the present but the pace
of actual transformation has been slow. Still, Nepalese society is facing problems and challenges
due to the presence of social evils and social problems. We are optimistic to see “New Nepal”
where all the citizens are progressive and our country emerges as a model country in this region
and the whole world.

Words and terms you would like to know

Authoritarianism (n.): a state where a political system demands strict obedience to the ruling person
without wisdom and intelligence
Unprecedented (adj.): having no such example before
Decentralization (n.): making it wide-spread, not concentrated in one hand or in one place
Encroachment (n.): interference, exceeding one’s own limits and disturbing others
Vulnerable (adj.) unable to resist, open to be attacked
Sanitary (adj.): relating to public health, cleanliness

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Activities
1. There could be problems in your class-room. Make a proposal of some rules and regulations

1. There could be problems in your class. Make a proposal of some rules and regulations
to handle and manage those problems in the class. Discuss them so that the rules (and
regulations) are implemented to tackle the problems effectively.
2. Write a story, poem and folk song on prevailing social evils in the society and the possible
solutions to end them. Also draw a sketch and picture related to the same theme. Display all
your creations on school notice-board.
3. Several announcements and declarations to end the social evils were made in different time-
periods in Nepal. But despite all that, we still find social evils in the Nepalese society. Why
is it so? Write an analytical essay for a national daily newspaper.
4. Outline the main provisions mentioned in the Constitution of Nepal, 2072 BS with regard to
initiating social reforms in the Nepalese society.
5. Present a detailed account on the measures (steps) taken to bring social reforms in the
Nepalese society after Nepal was declared the republic. Do self-research and inquiry on the
matter before attempting to write on it.

Exercise
1. Find out the similarities and dissimilarities of social reforms brought by King Jaysthiti Malla

and King Ram Shah.
2. Explain how the elimination (abolition) of SATI and slavery customs has promoted social

justice in Nepal.
3. What do you understand by KAMAIYA system? How is it different from HALIYA?
4. Just enactment of law does not bring social reforms if it is not effectively implemented. Justify

the statement with related examples and arguments.
5. Make a list of social reforms according to the dates/years and then show them in a time-line.
6. Outline the major social reforms brought in Nepal during Lichavi, Malla and Shah Dynasties.
7. Ranas were absolute dictators but they could not ignore the need of reforms in the Nepalese

society. Highlight the social reforms which they brought in their 104-long years of rule.
8. Modern Nepal after the end of Rana-rule has been speeding in transforming the society into

“New Nepal”. List the social reforms which have really made us proud of ourselves.

Community Work
What changes do you see in your community in last 10 years? Write down those changes as you
have seen and felt them. Also mention the observations made by elders and other responsible
members.

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Lesson

6 Conflict-cycle and Resolution

Two villages in Khotang district had been facing problem of drinking water for long until
permanent solution to this problem was found. One village has source of water but another
doesn’t. Dispute arose on sharing of drinking water between the two villages off and on. Verbal
duels often led to fisticuffs but solutions to this conflict between the villages remained remote for
quite a long time. Intervention of ex-chairman and secretary of Village Development Committee
used to bring peace for some time as this kind of conflict management lasted only till eruption
of next round of fresh clash between them. So, interventionist approach of conflict management
was not helpful in conflict resolution. Permanent solution in the form of conflict resolution to the
dispute of sharing drinking water was still awaited.

Conflict creates friction, discord, disagreement, disputes and violent confrontations.
Local youth club took a lead to organize face-to-face interaction between the two villages. Finally,
old wise-men and thinking individuals from both the sides (villages) were brought together
to have discussion and interaction on all dimensions of the conflict of sharing drinking water
between the two villages. Both the villages were able to thrash out their differences and arrived
at the solution amicably. Since then, there has not been any dispute and clash between them. It
is called conflict resolution. Now, the villagers from both the sides openly talk on any problems
or conflicts they face to find out mutually agreed solution. This has improved their relationship
with one another and has created an environment of social harmony, mutual cooperation and
community level participation in various development projects. They have ended up establishing
‘common market’ on every Thursday in a week to sell their local products and invite other traders
from outside the district. They have been coming together on important social events and are
vocal against social problems and social evils prevailing in the region. They have been working
jointly on preservation and conservation of community forest and local ecology and their women
are taking lead in this endeavour. Thus, successful conflict-resolution has resulted in creation of
friendly and harmonious environment in the villages.
Conflicts at political, social and economic levels keep on surfacing because human groups and
systems created by them face challenges and problems. We all know that society, enterprise,
culture and even political entity called STATE are all created by human beings. A group of
humans are always motivated by domineering motives like power, pride, money on one side
but majority of human beings desire and demand equality, freedom, inclusion, participation,
democratization and justice on the other side. A sort of tug of war begins between two clashing
(opposing) interests resulting in conflict. Conflict may arise at individual, group or organizational
level. That is why conflict is understood as clash of interests between two individuals or between
two groups of individuals or an individual and a group of individuals. Baseline for conflict is
clash of interest between (amongst) two or more sides.

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Conflict resolution often uses counseling, mediation and negotiation for win-win result

There are following three most probable outcomes of any conflict:
1. Conflicts are deliberately or negligently continued. In such a situation, conflict destroys one and

all the parties of conflicts either by violence or cunning manipulation.
2. Conflicts are managed for some time to come or may be for longer time period. But, conflicts are

still present in passive manner and resurface any time.
3. Conflicts are resolved by involving all the parties to the greatest possible satisfaction for all of

them. This is win-win situation and that conflict will never resurface again in future.

1. Conflict -- unsolved 2. Conflict -- managed 3. Conflict-- resolved

Allowing or generating conflicts in society for selfish political and social interests is extremely
dangerous for the well-being of the people. Conflict management for subsiding (suppressing)
the conflicts for some time may give important strategic option for permanent resolution of the
conflicts. Conflict management is highly recommended when immediate solutions to conflicts
are not available. No doubt, every conflict requires its resolution at permanent level and it is the
best option for us to do so. Conflict management minimizes the negative aspects of conflict and
maximizes its positive aspects. Conflict resolution eliminates or terminates the conflict by offering
the solutions to the satisfaction of the parties involved in the conflict. There are situations where
conflict resolution between the two or more parties (sides) are not possible due to non-negotiable
elements involved in it like hard core patriotism, religion, gender, etc. In such situations, conflict
management is the best available option where negative aspects are reduced and positive aspects
as agreed by the parties involved are enhanced to have maximum outcomes.

Virtuous and vicious cycles of conflict

Conflict can be either virtuous or vicious in its nature and effects. If conflicts are managed well or resolved
properly, they have positive outcomes with little or less negative outcomes. This makes it virtuous in
nature and effect. And, drawing a cycle of such conflict is called virtuous cycle of conflict. On the contrary,
there are conflicts which disintegrate, damage and destroy the society or organization by rotating into
same dangerous grooves with no possibility of conflict management or resolution. Such kind of conflict
rotating into unresolved path with maximum negative outcomes is called vicious cycle of conflict.

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Conflict resolution (also known as reconciliation) uses the methods and processes which facilitate
the peaceful ending of conflict. Effective communication and negotiation to iron out the differences
between two sides are effective methods of conflict resolution. There are other methods too for
conflict resolution such as mediation, arbitration, diplomacy and creative peace-building. Conflict
resolution always makes virtuous conflict-cycle.

Virtuous Conflict-cycle Vicious Conflict-cycle

Important features (characteristics) of conflicts:

1. Conflict is a state of friction, discord, disagreement and disputes.
2. Conflict involves two or more than two parties (sides).
3. Conflict can produce either positive or negative or both types of results.
4. Conflict is the natural and inseparable part of society.
5. Conflict as a challenge to handle develops the society and forms virtuous conflict-cycle.
6. Conflict as a problem if mishandled worsens into violence and creates disharmony in society.

This forms vicious conflict-cycle.

Words and terms you would like to know

Intervention (n.): a deliberate (willful or thoughtful) entry into a dispute (conflict) in order to prevent
undesirable consequences
Domineering (adj.): tyrannical, showing a tendency to exercise control or authority over others
Tug of war (n.): contest of strength, struggle
Deliberately (adv.): intentionally
Iron out (v.): to settle a dispute or resolve a problem by removing difficulties
Irreconcilable (adj.): irresolvable, not capable of being made to agree or coexist with somebody or
something

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Activities

1. Identify what types of conflicts exist in your class, school and community. Discuss the causes
of these conflicts and suggest the methods (processes) to resolve these conflicts. Make a group
presentation in your class.

2. Organize a debate in the class on the topic, “Conflict lays basic foundation for future development
in a society.”

3. You must have mediated the disputes between your friends. Write down your experience as a
mediator in a dispute between two of your friends. Share the things which you couldn’t do that
you should have and missed out on the things that you shouldn’t have as a mediator.

4. Now, go for the self-evaluation and say YES in case it applies to you:

S. N. General Behaviour Always Quite often Sometimes
1. I don’t fight with others.
2. I fully understand the futility of fight
and behave accordingly.
3. I speak up against injustice.
4. I mediate in duels and disputes.
5. I create an environment of love and co-
operation after the fight.

Exercise

1. Define conflict. Analyze the reasons why conflicts are created (generated) in a society.
2. Outline the main features (characteristics) of conflict.
3. Differentiate between conflict management and conflict resolution.
4. Briefly explain the processes and procedures involved in conflict resolution.
5. Win-win outcome is the best possible result of conflict resolution. Illustrate this with relevant

examples.
6. What do you understand by a conflict cycle? Present a detailed account along with a figure on the

ways of virtuous conflict cycle and vicious conflict cycle in a society.
7. Analyze various types of conflicts existing in the Nepalese society and its future prospect in

development.
8. If a conflict continues beyond crisis level without resolution, then it forms vicious cycle. Examine

the statement with appropriate examples.
9. Evaluate the nature of conflict and its impact on a society depending upon the outcomes.

Community Work

Collect all the relevant information on a conflict which occurred in your community and the way it
was managed or resolved. Talk to the people who were involved in the conflict and those who saw it
unfolding. Prepare a report highlighting the nature, feature, reasons and impact of the conflict on your
community with the methods adopted to resolve it.

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Unit

5

Civic Consciousness

Learning Objectives:

At the completion of this Unit, students will be able to:
 State the main features of the constitution, fundamental rights and fundamental duties
 Clarify the concept of peace and order, Good Governance, and Sovereign State
 Describe the nature and functions of Civil Society
 Understand the meaning of Unity in Diversity and behave accordingly
 Develop a healthy feeling of nationalism and protect the interest of the nation

Lesson

1 Introduction to Constitution

The concept of constitution dates back to city states of ancient Greece. The philosopher Aristotle
(384 – 322 BC), in his work Politics had described a constitution as the frame upon which the
government and laws of a society are built. Constitution is a living document, an instrument which
makes the government system work. It determines the nature and structure of the government.
It limits the powers and authority of the STATE in the interest of the people. Constitution creates
a political and legal relationship between the government and the citizens and with rest of the
world by providing vision and guidelines. The constitution is the fundamental law (written
or unwritten). Thus, constitution provides legal validity to the functions of the Government.
Constitution guarantees and protects the fundamental rights of the people and ensures separation
of powers amongst its different organs (like executive, legislature and judiciary) and other
constitutional bodies. It makes clear provisions with regard to legislative, executive and judicial
structure in the country at different levels with their respective powers and functions generally
in written form.

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The Constitution: The necessity for modern Democracy

Modern democratic states cannot survive without the constitution because citizens will be
suppressed in absence of the constitution. In modern democracy, constitution gives ultimate political
power in the hands of the people to elect their representatives to rule over the society in the best
interests of the people. Political powers flow from the people as svereignty lies in them. Constitution
ensures people’s sovereign status and prevents the ruling representatives from depriving the
people of their rights. It further dissuades the ruling class from becoming despotic, autocratic and
authoritarian. Constitution makes the ruling class more responsible in their exercise of powers and
holds them accountable to the people for the political acts and omissions. Government organs and
other constitutional bodies do not overstep their boundaries as prescribed under the constitution
with regard to their respective powers and functions. This is how constitution creates a systemic
arrangement in exercise of political powers and authority with expertise and greater responsibility. It
is not necessary that constitution is adopted only by democratic government. Yes, all the democratic
governments function in accordance with the provisions laid down in the constitution to preserve and
continue the best of democratic values (equality, liberty, freedom and justice) in a society. However,
there are non-democratic governments preferring to have constitution to consolidate their political
powers in concrete manner to spread and apply their political ideology. It happened in Nepal too
when King Mahendra got Constitution of Nepal, 2019 BS to consolidate his absolute monarchy and
support his Panchayat Rule. One has to understand here that nature and characteristics (features)
of a constitution in a democratic regime are totally different from a constitution of non-democratic
regime. Constitution of a democratic regime never allows the GOVERNMENT to enjoy unlimited
political power and authority because constitutional provisions impose restraints on the Government
in the interest of the people and for upholding the democratic values. Constitution in democracy
puts limit on the Government with the help of separation of powers and checks and balances of
several kinds so that no political leader must develop uncontrolled ambition to concentrate all the
political powers in his/her hands to impose dictatorial regime to continue even after his/her death.

Every country has evolved because of its own political environment, economic conditions, social
and cultural characteristics and geographical placement. A constitution has reflection of all those
factors and elements which have helped a country evolve. Although the tradition of political-
governance through constitution has a long history, yet written constitution has been traced to
begin from later part of the eighteenth (18th) century. The oldest written democratic constitution
in the world is the Constitution of the United States which was drafted in 1787 AD and ratified
in 1788 AD. At present, most of the countries in the world have their own constitution which
reflects their own social values and beliefs in political governance. Nepal has its own history
of constitutional development which started from 2004 BS with a series of constitutions being
drafted and adopted as per the political situation in the country. The latest constitution known as

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“Constitution of Nepal – 2072 BS” which established Nepal as a democratic, republic, federal and
secular state was adopted on 3rd Asoj (Aswin) 2072 (20th September 2015) by replacing the Interim
Constitution of Nepal 2063 BS (2006 AD).
The constitution of a country must fit into contemporary society and its provisions must be able to
tackle (handle) the present problems and challenges of a society. Amendment of the constitutional
provisions without changing the core values for which the constitution stands ensures the
dynamism of the constitution in changing needs and aspirations of a society. Amendment brings
change in the constitution by way of addition, modification or deletion of the provisions to serve
the purpose and need of a society and to handle the new challenges. Flexibility of the constitution
lies in its amendments. A constitution with real democratic spirit reflects the aspirations of all
the people living in a country. A constitution must not be imposed by few privileged groups
showing their superiority and force the minorities, ethnic groups and other marginalized sections
to own it. A constitution with true democratic values must be based on inclusion, participation
and representation of all the diverse groups living in a country. Amendment in the constitution
helps in realizing (achieving) the democratic goals in a society by ensuring justice to all at political,
social and economic level. In such a case, all sections of the people irrespective of their diverse
backgrounds develop faith in the constitution and a constitution becomes a living document.

Written Versus Unwritten Constitution

Constitution of a country may be written or unwritten. Written constitution is codified legal document
duly enacted in the form of law(s). It is precise, definite and systematic framed by a representative
body duly elected by the people. It is always promulgated on a specific date. For example, the
Constitution of Nepal is a written constitution. Written constitution is always superior to ordinary
laws and ordinary laws must conform to constitutional provisions in order to be effectively valid.
That is the reason constitution is called supreme law of the land.
Unwritten constitution does not have enacted (codified) form of law(s) to enshrine the principles of
governance. In unwritten constitution, political governance depends upon customs, conventions,
traditions, and some written laws. Such a constitution is not the result of conscious and deliberate
efforts of the people, rather it is generally the result of historical development. Unwritten constitution
is never made by a representative constituent assembly, nor is it promulgated on a particular date.
Therefore, it is called evolved or cumulative constitution. The constitution of England is a classical
example of an unwritten constitution which is the result of historical growth.
Distinction between the written and the unwritten constitution does not appear scientific because
there is no constitution which is totally written. Nor is there any constitution which remains entirely
unwritten. Every written constitution has the unwritten components in it in the form of customs
and traditions observed at political level and every unwritten constitution has written components
coming from (or being supported by) ordinary laws, judicial pronouncements and so on. The
constitution changes with changed situations in socio-economic life in a society and that happens
through convention (custom and usage) most of the times rather than law. England is guided in its
political governance by scores of written laws though it does not have a written constitution. Some
of these written laws are the Magna Carta, the Bill of Rights, Parliamentary Act and so on. This is
how written documents support the unwritten British constitution from outside through statutes,
court judgments and treaties.

Importance of A Good Constitution

A government which derives legitimate political power from the will of the people functions in
accordance with the constitution. And, constitution is implemented fully only when instructions
(provisions) enshrined in the constitution are implemented by the government on behalf of the people.

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Unless the constitution is actually enforced, it is only a paper tiger and therefore, does not serve its
purpose.

Importance (significance) of the constitution

1. Constitution guarantees our most basic rights, including our right to life, freedom, property
and to participate freely in our democratic system.

2. Constitution articulates the values for which the people stand and the goals for which they have
struggled hard by sacrificing their lives. Constitution is the reminder of a long struggle of the
people to achieve democracy.

3. Constitution actively promotes the equality of all in order to achieve social justice and inclusive
society without any discrimination. It safeguards our right to practice religion, language and
culture. This is really important for cultural, political and religious minorities living in a society
with ethnic diversity. Minorities are always dependent on the constitution as the source of their
rights.

4. Constitution prohibits unfair discrimination of any kind and provides a blueprint for peace,
justice and harmony which is non-negotiable in a society. Constitution, therefore, provides
against the encroachment on the individual’s rights by the government or by any other
institution or person.

5. Constitution delimits the power of the government as a whole and of its various organs such as
executive, legislature and judiciary in order to establish the rule of law and not the rule of man.
This is how constitution preserves the democratic political institution against political whim
and caprice.

Words and terms you would like to know

Separation of Powers: Separation of powers refers to the division of responsibilities into distinct branches
of Government such as executive, legislature and judiciary to limit the interference (encroachment)
of any one branch to another branch of the Government or any other constitutional bodies. It is the
model of political governance in democracy which was first developed in ancient Greece. Each branch
of the Government with separate and independent core powers and areas of responsibility develops
specialization and expertise in their work.
Checks and Balances: The constitution in democracy develops provisions (system) of checks and balances
to keep the government from getting too powerful in one branch. For example, the Executive branch
controls the introduction of bills in the Legislature and the Legislature preserves the rights of passing
the bills. Similarly, the Judiciary depends upon the Executive for appointments of judges and upon the
Legislature for passing bills and making laws. The Judiciary can pull both the Legislature and Executive
for non-performance or negligence or excess and abuse of authority in the interest of democracy and
welfare of the society. No branch of government in the system of checks and balances can ever become
over-ambitious and extra-zealous to control the entire government by overshadowing the other branches
and twisting the constitution.
Autocratic (adj.): characteristic of an absolute ruler; despotic, tyrannical
Omission (n.): neglect, carelessness, default,
Systemic (adj.): affecting an entire system

Activities

1. What do you understand by the term “People’s Interest”? Explain its significance in modern
political governance.

2. Constitution of a country must be made in the interest of the people (People’s interest). Explain
why people’s interest is gaining primary importance in constitution drafting at present.

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3. Divide the class in five groups and assign a task to each of the groups to write about written and
unwritten constitution. Finally, ask the leader of each group to write all the points in the following
table:

Written Constitution Unwritten Constitution

Exercise

1. Define constitution. Outline its five important features (characteristics).
2. Differentiate between written and unwritten constitutions. Which constitution would you prefer

and why? Give reasons.
3. Constitution is adopted by both democratic and non-democratic governments. Explain the ways

to distinguish the constitution of a democratic government from the non-democratic one.
4. What is amendment? Explain why a constitution needs amendment.
5. Why do we call a constitution as fundamental or supreme law?
6. What is rigid constitution? What are its drawbacks?
7. Name the oldest written constitution of the world. Mention the year in which it was drafted and

adopted.
8. Nepal has seen a series of constitutions from 2004 BS to 2072 BS. Identify at least two constitutions

which served the interests of anti-democratic regime and mention two constitutions which were
truly democratic in letters and spirit.
9. Present a detailed account on the importance of the constitution.
10. What is the meaning of ‘limited government’ (limits on the Government)?
11. Elucidate the concept of “separation of powers”.
12. A good constitution ensures equality, liberty and justice to the people by having ‘checks and
balances’. Critically comment on the extent, scope and implications of ‘checks and balances’
enshrined in a constitution.

Community Work

Consult intellectuals, legal experts, and politicians from your community and discuss the nature,
features, provisions and various other unique aspects of the constitution in general and the Constitution
of Nepal, 2072 BS in particular. Prepare an analytical essay incorporating the views, opinions and
thoughts you have received from them and share it with other young people from your community in
‘people’s participation-programs’.

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Lesson History of Constitutional
Development of Nepal
2

Constitution in a democratic country is the basic mechanism to ensure and deliver the core values
of democracy such as liberty, equality and justice to the people and for the people. We have
already understood that constitution guarantees human rights (known as fundamental rights)
to the citizens and determines the limits of political power and authority of the government.
Constitution as the supreme law of the land incorporates all the required political, legal, economic,
social and cultural aspects/dimensions of a society. All other laws touching upon or related with
any dimension/aspect of the society must conform to constitutional provisions to acquire legal
validity. Every country does not follow proper procedure and due process to draft the constitution.
There are different types of bodies which normally take up the task (responsibility) of constitution-
making. Such bodies like Commission, Committee, Constituent Assembly, or any other body
as agreed upon draft and deliver the constitution. There are examples where one country has
ended up delivering constitution several times. Venezuela has delivered the constitution for 27
times, Haiti 20 times and Thailand has delivered it for 19 times. Looking at these countries, Nepal
appears to have made great job by issuing (or delivering) just 7 constitutions till now.

Nepal’s history of constitutional development started from 2004 BS when hereditary Rana Prime
Minister wanted to show the world that Nepal was a constitutionally governed country. The
latest constitution of Nepal was adopted on 3rd Ashwin 2072 (20th September, 2015). Thus, Nepal
has been changing its constitution on an average of every 10 years. Let us analyze the strengths
and weaknesses of all the constitutions delivered so far in Nepal:

1. Government of Nepal Act 2004 BS (1948) (Baidhanik Kanun): The then Prime Minister Padma
Shamsher Rana declared this Act and it was supposed to be adopted on 1st Baisakh, 2005 but
it never came into force (implemented). For historical records in constitutional development
of Nepal, the government of Nepal Act 2004 BS is the first written constitution which contains
6 chapters and 68 articles with an index. Legal experts from India like Sri Prakash Guha,
Raghunath Singh and Dr. Ramugra Singh helped in preparing the draft of this constitution.
Following were the salient features:

a) Provisions for a set of fundamental rights such as right to freedom in speech, assembly,
publication, and religion, right to equality, cheap and speedy justice, free and compulsory
primary education and so on.

b) Shree 3 amongst the Ranas was the main source of all the rights and all the political powers
were concentrated in his hand as the hereditary Prime Minister of th country.

c) Fundamental rights like right to justice, right to religion, and other rights were incorporated
for the first time in writing.

d) Provisions for Village Panchayat, Town Panchayat and District Panchayat with their
elected Chiefs

e) Provision for bi-cameral legislature at central level – first one the Rastra Sabha (National
Assembly) and the second one Bharadari Sabha (Advisory Assembly)

f) Administration of Justice with Apex Court (Pradhan Nyayalaya) at the top consisting of
Chief Justice and other judges

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The following were the criticisms (weakness) of this Constitution:
a) Doctrine (principle) of Separation of Powers was not incorporated.
b) Shree 3 did not care for having clear provisions on powers and functions of the Head of the

State with regard to formation and dissolution of the Council of Ministers.
c) There remained total confusion with regard to actual role of the STATE.

2. The Interim Government of Nepal Act 2007 BS (1951): This constitution known as the Interim
Government of Nepal Act, 2007 BS was the direct result of the success of anti-Rana revolution
and the subsequent Delhi Agreement, 2007 BS which reinstated the monarchy as traditional
head of the state with democratic parties having the control of the government on behalf of the
people. This is the first constitution of Nepal which was promulgated by a King. This was also
the first constitution which was implemented in Nepal. It accepted the presence of democracy
and democratic government though under the umbrella of monarchy. The Interim Government
of Nepal Act 2007 BS was passed on Chaitra 17, 2007 BS and promulgated by King Tribhuvan
on 29 Chaitra after the overthrow of Rana autocracy. This constitution had 7 parts, 73 Articles
and 3 Schedules and was amended for eight times. Following were the salient features of this
constitution:
a) Executive power vested in the King and Council of Ministers with the Prime Minister at
the head to aid and advise the King in the execution of his function
b) Provisions for Directive Principles of State Policy and ensuring favorable social conditions
to citizens such as equality before law, prohibition of traffic in human beings, begging and
child labor, no discrimination on grounds of religion, race, caste and gender, etc
c) Provisions for village Panchayats as units of Self-Government
d) Creation of Pradhan Nyayalaya for delivering justice and Advisory Assembly to discuss
the matters connected with the legislative and executive functions of the Government
e) Creation of several constitutional bodies like Comptroller and Auditor General, Public
Service Commission and the Election Commission
f) Introduction to General Electoral Roll and Adult Suffrage (21 years)
The following were the criticisms (weakness) of this Constitution:
a) King was empowered to constitute ‘Council of Ministers’ and dismiss the same.
b) There was no provision of ‘separation of powers’.
c) King imposed his will in amendment to the constitution without having any provision
regarding this.

3. The Constitution of the Kingdom of Nepal 2015 BS (1959): This constitution was comparatively
based on the British model of Parliamentary Democracy. Constitution Drafting Commission
under the Chair of Bhagwati Prasad Singh had drafted the Constitution on the technical
advice received from Sir Ivor Jennings. King Mahendra promulgated this constitution on 1st
Falgun 2015. It consisted of 10 parts and 77 Articles. Articles 73 and 74 were implemented with
immediate effect and other articles were implemented from 16 Asar, 2016. This constitution
tightened the grip of monarchy over political administration to narrow down the scope of
democracy in Nepal. Following were its salient features:

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a) Constitution as the fundamental and supreme law of the land was written for the first time.
b) Sovereignty was vested in Shree 5 (the monarch -- King).
c) The King’s position was strengthened by vesting the executive power in him along with

emergency and other discretionary powers. Creation of State Council (Rastriya Parishad)
and Regency Council increased the control of King over elected government. The supreme
command of military forces was vested in the monarch.
d) Provision for bi-cameral legislature: Senate (Mahasabha – Members indirectly elected and
nominated) and House of Representatives (Pratinidhi Sabha – members elected by the
voters)
e) Executive was formed out of House of Representatives (Pratinidhi Sabha). Cabinet
consisted of the Prime Minister and other Ministers.
f) Provisions for fundamental rights like right to freedom, right to equality, right to religion,
right to constitutional remedy, etc.
The following were the criticisms (weakness) of this Constitution:
a) Fundamental rights were always under threat in the hands of legislature.
b) Although preamble of this constitution declared constitutional monarchy as political
system, yet in realty King (monarch) remained active in governance to serve the interest of
dynastic rule.
c) Despite being called the supreme law of the land, Constitution could not amend the
hereditary dynastic rule of Shah-monarchy.

4. The Constitution of Nepal 2019 BS (1962): This Constitution was promulgated by King
Mahendra on 1st Poush, 2019 BS in an attempt to make himself as absolute monarch to
consolidate his undemocratic party-less Panchayat System. Though the constitution shielded
autocracy and despotism in Nepal, it was the longest serving constitution in the country. The
constitution which was drafted under the chair of Shri Rishikesh Shah had 20 parts, 97 articles
and 2 schedules. Following were its salient features:
a) Nepal’s sovereignty rested in the crown (Shree 5: King). Nepal was declared as monarchical
Hindu Kingdom. Constitution was the fundamental law of the land.
b) Directive Principles of Panchayat System meant for providing an alternative to
multiparty democracy in party-less political culture to make the authority of monarchy
unchallengeable.
c) Creation of hierarchy of Party-less Panchayat (assembly) right from local level up to
national level like Village Panchayat, Town Panchayat, District Panchayat, and finally
National Panchayat
d) National Panchayat acted as national legislature and was at the top of the partyless
democratic panchayat system.
e) Appointment of judges of the Supreme Court was made by the sole decision of the King.
Provisions for Public Service Commission, Attorney General, Election Commission, Co-
ordination Commission were made but they functioned to serve the interest of the Palace
(King).
The following were the criticisms (weakness) of this Constitution:
a) Government was not accountable to the people, rather it was loyal to the King.

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b) First amendment of the constitution made the condition of “Partylessness” as compulsory
feature for everything in governance.

c) Decision of the Supreme Court was not final and it served as appellate court to the decision
of the King. There was no place for independent judiciary.

5. The Constitution of the Kingdom of Nepal 2047 BS (1990): The Constitution was promulgated
by King Birendra on 23rd Kartik which marked the restoration of multi-party democracy after
the success of the Mass Movement–I and end of Panchayat System. The constitution was drafted
by Constitution Reform Recommendation Commission under the Chair of Shri Bishwanath
Upadhyay and then it was reorganized by the Council of Ministers before its implementation.
The constitution was divided into 23 parts, 133 Articles and 3 Schedules. Following were the
salient features of this Constitution:
a) The constitution was the supreme law of the country.
b) For the first time in the history of Nepal, sovereignty of the state was transferred to the
people of Nepal.
c) Bi-cameral legislature: House of Representatives directly elected for five years and National
Assembly, a permanent House
d) Independent judiciary with three tiers as District Court at the lowest, Appellate Court in
the middle and the Supreme Court at the top
e) Constitutional bodies like CIAA (Commission for the Investigation of Abuse of Authority),
Auditor General, Public Service Commission, Election Commission, and Attorney General
f) More number of fundamental rights like Press and Publication Rights, Right Regarding
Criminal Justice, Right to Information, Right to Property and so on besides Right to
Freedom and Right to Equality
g) Directive Principles and Policies of the State
The following were the criticisms (weakness) of this Constitution:
a) There was no place for referendum even in this constitution of democratic nature.
b) Despite having made the political system of “Constitutional Monarchy” in this constitution,
King enjoyed independent powers to dissolve the elected parliament and dismiss the
elected government.
c) There was no clear provision in the constitution regarding social justice.

6. Interim Constitution of Nepal, 2063 BS (2007): This Interim Constitution marked the end of
Monarchy and was promulgated on 1st Magh 2063 by Speaker Subash Chandra Nembang on
behalf of the Interim Parliament in the name of the people. The Constitution had 25 Parts, 167
Articles and 4 Schedules. Following are its salient features:
a) Established Nepal as secular, federal and democratic republic state for the first time in its
history
b) Elected President as the head of the state as well as supreme commander of the Army
c) Sovereignty vested in the people of Nepal and executive power vested in the Council of
Ministers headed by the Prime Minister under the Multi-party Parliamentary Democracy
d) Unicameral legislature and provision for electing Constituent Assembly to draft final
democratic constitution

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e) Guarantee of more fundamental rights such as Right against Untouchability and Racial
Discrimination, Right Relating to Health and Environment, Rights to Women and Rights to
Children, Right to Social Justice, Right to Employment and Security besides other regular
rights and Universal Adult Franchise ( Right to Vote at 18 years of age)

7. Constitution of Nepal, 2072 BS (2015): This constitution is the first constitution in Nepal which
has been drafted by elected constituent assembly and promulgated by the elected head of the
state (President). The Constitution was promulgated on 3rd Ashwin 2072 (20th September, 2015)
by the President of Nepal, Dr. Ram Baran Yadav, and this Constitution is currently in force. The
Constitution has 35 Parts, 308 Articles and 9 Schedules. Following are its salient features:
a) Nepal continues to be sovereign, secular, federal democratic republic state. And,
sovereignty lies in the people of Nepal.
b) All the executive powers have been vested into Council of Ministers headed by the Prime
Minister under Multiparty Parliamentary Democracy.
c) Bicameral legislature at central level and unicameral legislature at provincial level,
if federalism becomes operational along with ‘independent judiciary’ as protector of
constitutional democracy.
d) The Constitution restructures Nepal as a federal country with 7 provinces. Federal
Commission has been authorized to demarcate the boundary of federal provinces in case
of any disputes. Division of powers and authority has been ensured at central, provincial
and local levels to ensure smooth functioning of federalism.
e) A long list of fundamental rights, including economic, social and cultural rights protects
all communities and groups in the country besides enjoying regular basic rights. Universal
Adult Franchise ( Right to Vote at 18 years of age) and provisions for affirmative action for
historically deprived or disadvantaged communities allows the government to make laws
to protect women, children, disabled, Dalits (marginalized/suppressed class) and other
ethnic and indigenous groups by providing them reservation, inclusion and participation.
f) Specific independent constitutional commissions (such as the Women Commission, Dalit
Commission, Janajati Commission, Madhesi Commission, Tharu Commission and Muslim
Commission) have been established along with the National Human Rights Commission
to protect the respective communities and groups.

Words and terms you would like to know

Democracy: The term “democracy” means people’s power as the word democracy has Greek root demos
for people and kratos for power...combined together it becomes people’s power. Democratic government
is periodically elected by the people and rules on behalf of the people. Therefore, it is also known as
representative democracy as the government represents the people and works for their welfare. But,
democracy is much more than just being the representative of the people. It is also about the government
for the people (truly working for their welfare) and of the people (inclusive democracy).
Partyless Panchayat Democracy: Partyless Panchayat democracy launched by King Mahendra was not
the democracy in true sense and the Constitution of Nepal 2019 BS was not the democratic constitution
at all. It simply protected absolute rule of the monarch by using clever words like Panchayat Democracy.
Democracy is not all about merely holding of elections for nominated or favored candidates to be elected
by the people as it happened for 30 years in Panchayat era in Nepal. The true litmus test for democracy
lies in how inclusive the parliament is and how free are the political parties to compete with each other in
electoral contests. Success of democracy is judged by the extent to which people have progressed and is
measured in terms of the numbers having access and equity in enjoying fruits of democracy.
Multiparty Parliamentary Democracy: Multiparty parliamentary democracy has more than two political

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parties contesting (competing) in elections to gain majority seats in parliament either all alone or through
coalitions with an aim to form the government under the leadership of elected Prime Minister.
Independent Judiciary: Independent judiciary in (constitutional) democracy is not influenced by the
executive and the legislature (other two organs of the Government) in its core functioning because
judiciary upholds the democratic values of the constitution and protects the fundamental rights of the
citizens. Independent judiciary is never involved in power-politics like the executive and the legislature
are.
Legislature: Legislature is primarily the law-making body. Bicameral legislature has two Houses whereas
unicameral legislature has only one House.
Sovereignty: Sovereignty is the supreme political power that validates and legitimizes the orders given
by the executive and the laws made by the legislature. If sovereignty lies in the people then the society is
said to be following democratic political system, otherwise not.
Secular, Federal, and Democratic-Republic State: Nepal is Secular, Federal, and Democratic-Republic
State. Secular state does not consider or follow religious ideas or behavior while governing the country.
In a secular state, religion is a private matter for citizens and the state has nothing to do with it in public
administration. Federal Nepal will have elected governments for provinces created under Constitution
of Nepal, 2072 BS and those provincial governments will function under the overall supervision of the
central government. All the political powers concerning legislative and executive matters have already
been mentioned in the said constitution. Nepal as a democratic-republic state is different from People’s
Republic of China. In democratic-republic state like Nepal, periodic elections are held for political parties
to get elected by the people’s vote and both the head of the state as well as the head of the government
are periodically elected.
Universal Adult Suffrage allows every adult of a particular age to cast vote in elections under democratic
political system without discrimination of whatsoever nature. Currently, minimum voting age in political
elections in Nepal has been fixed at 18 years.
Council of Ministers and Cabinet: The Council of Ministers consists of senior ministers called “Cabinet
Ministers”, and junior ministers, called “Ministers of State”. The Council of Ministers is led by the
Prime Minister. A smaller executive body, called the Cabinet is the supreme decision-making body in
most countries following the ‘parliamentary democracy’ including Nepal. Only the Prime Minister and
ministers of the rank of “Cabinet Minister” are members of the Cabinet.

Activities

1. Explain why Nepal witnessed several constitutions being adopted and then rejected later.
2. The Constitution of the Kingdom of Nepal, 2047 BS was more democratic than the Constitution of

Kingdom of Nepal, 2015 BS. Analyze in points how it is so.
3. Constitution of Nepal, 2072 BS is the document of consensus. Justify the statement.
4. Arrange different constitutions of Nepal from 2004 to 2072 BS in ascending order of their consensus

and acceptance amongst the people. Choose two constitutions from the history of constitutional
development of Nepal which you think represent democracy to a large extent. Give reasons in
detail for your choice.

Exercise

1. Give reasons why we call Interim Constitution of Nepal, 2063 BS as document of political
consensus (mutual understanding).

2. Compare and contrast the features of the Constitution of Nepal, 2072 BS with that of Interim
Constitution of Nepal 2063 BS.

3. Identify at least two constitutions in the history of constitutional development in Nepal that you
think were the most undemocratic (anti-democratic) in nature. Give four reasons for your choice.

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4. What is sovereignty of state? How do you decide if a state is democratic or not? Explain with the
help of examples from Nepal’s constitutions in the past and the present.

5. Distinguish between the following:
a) Constitution of the Kingdom of Nepal 2015 BS and Constitution of Nepal 2019 BS
b) Interim Government of Nepal Act, 2007 BS and Interim Constitution of Nepal, 2063 BS
c) Constitution of Kingdom of Nepal 2047 BS and Interim Constitution of Nepal 2063 BS

6. Outline the salient features of Constitution of Nepal, 2072 BS. Explain their impact on the present
Nepalese society.

7. Explain the term democracy. Differentiate multiparty parliamentary democracy with party-less
panchayat democracy.

Community Work

1. Meet the elders in your society and seek their views on different constitutions they have been
governed with, write their analysis and evaluation of these constitutions with the strengths and
the weaknesses. Prepare an assessment report with your comment at the end.

2. Constitution must look after welfare and care of every single member of the society, especially
indigenous and ethnic communities, underprivileged, marginalized and the excluded populations.
Inclusive democracy in such a case must necessarily evolve into inclusive development which
consists of both economic as well as social justice to every section of population. Present a report to
evaluate the degree of inclusiveness in different constitutions of Nepal (on the basis of interviews
and discussions you have with elders, intellectuals, local politicians, teachers and social activists).

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Lesson

3 Constituent Assembly

A constituent assembly is a body or assembly of representatives formed for the purpose of
drafting or adopting a constitution. It is not necessary that every constitution around the world
is drafted by a constituent assembly only. There are different ways and procedures to draft
the constitution. A constituent assembly is one amongst many ways to draft and deliver the
constitution. Formation of the constituent assembly too differs according to the context and
need of a country. For example, the constituent assembly in India consisted of indirectly elected
representatives to draft a constitution. The members of the Constituent Assembly were elected
by the provincial assemblies. The Constituent Assembly in Russia consisted of democratically
elected representatives. But the assembly could not continue as Lenin’s Red Guards dissolved it
in 1918 AD just one day after its meeting. In case of Nepal, constituent assembly which delivered
the Constitution of Nepal, 2072 BS was elected by the people. It took two constituent assemblies
elected based on people’s vote to draft the constitution. The elections to form the First Constituent
Assembly as per the provisions of Interim Constitution of Nepal, 2063 BS took place on Chaitra
28, 2064 (April 10, 2008). There were 601 representatives in this constituent assembly. The first
sitting of the constituent assembly to draft the constitution took place on Jestha 15, 2065. But
the first constituent assembly could not draft the constitution in four-long years. Therefore, the
elections to form the second constituent assembly took place on Mangsir 4, 2070 (November 19,
2013). Finally, second constituent assembly drafted the much awaited Constitution of Nepal, 2072
BS which was adopted on Asoj 3, 2072 BS (September 20, 2015).

The constituent assembly of Nepal (Kathmandu), which drafted the constitution in 2072 BS
Here are some of the most commonly asked questions about constituent assembly.
 What do you understand about Constituent Assembly?
Constituent Assembly is the way or the method which provides the platform for drafting the
constitution. Constituent Assembly can also be understood as people’s assembly having a task to
draft the constitution on behalf of people. Constituent assembly consists of people’s representatives
who work on the drafting of the constitution according to the will and aspirations of the people.
Constituent Assembly is born out of democratic revolution due to which greatest possible
participation and inclusion from the side of the people is ensured in drafting of the constitution.

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 Why did Nepal feel the need of having Constituent Assembly?
In Nepal’s history of constitutional development, no constitution was drafted with the participation
of the people. After the success of two Mass Movements in Nepal, democracy was to be firmly
institutionalized and therefore, a constitution based on pure values of democracy was urgently
needed. To serve this purpose, constituent assembly was elected in Nepal in order to draft the
constitution with the direct votes and feedback of the people. Moreover, sovereign power of the
STATE lies in the people and electing a constituent assembly with people’s vote was proof of this
political TRUTH. Elected constituent assembly is also the reflection of the political empowerment of
the people. Elections to form constituent assembly gave the opportunity to all sections of the people
in Nepal to send their representatives in order to safeguard their interests and rights during the
drafting process of the constitution.
 Why do people show more confidence and faith in the constitution drafted by the constituent
assembly?
The main reason of growing confidence and faith in the constituent assembly is the way it is
constituted (formed) by following the principles of inclusion and participation. Firstly, people of
all classes, castes and ethnic backgrounds take part in elections for the formation of the constituent
assembly. Secondly, their elected representatives make sure to protect the rights of minorities,
marginalized classes and DALITS in the constitution after having extensive debate and discussion.
All the factors existing in a country are taken care of while drafting the constitution. Population
size, regional dimension, and issues (conflicts) related to caste, gender, language and religion find
reasonable and politically correct resolutions through proportional representation. Constituent
Assembly never imposes the constitution on the people as it follows the process of getting feedback
from them and then revises the constitution accordingly. There is always a room for improving
upon the constitution even after it is passed by majority of the members in Constituent Assembly as
a draft through amendment.
 What was the composition of Constituent Assembly of Nepal?
Constituent Assemblies around the world differ in size, composition and in how their members
are chosen.  The Constituent Assembly which also acted as legislature-parliament of Nepal was
a unicameral body of 601-members assigned the task to draft a new constitution for Nepal. The
601-seats in the Constituent Assembly were filled through a mixed (parallel) electoral system having
both first-past-the-post and proportional representation.
1. Following the first-past-the-post system, from every electoral constituency one representative

who gets (obtains) more votes than rest of the contestants (candidates contesting the election
from that electoral-constituency) is declared elected. There were a total of 240 such elected
representatives in the Constituent Assembly.
2. Following the proportional representation electoral system, entire country was treated (taken)
as one (single) electoral constituency and votes were cast by the adult citizens for political parties
not for a particular candidate. There were a total of 335 candidates sent by their respective
political parties in the Constituent Assembly on the basis of their percentage of votes received
in the elections.
3. There were a total of 26 members who were nominated by the Government of Nepal to give
representation to those ethnic, indigenous and minority communities which remained under-
represented in the Constituent Assembly and those who had made valuable contributions in
different fields of the nation’s life.
 What kinds of efforts (steps) were taken up to make the Constituent Assembly all inclusive?
Following efforts (steps) were made to make the Constituent Assembly all inclusive:
1. Political parties were expected to give due consideration to gender, region and population
while selecting candidates for contesting the elections and sending them in the Constituent
Assembly to represent the political party in proportional representation. This was based on the
principle of inclusive democracy (or simply inclusiveness).

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2. In proportional representation electoral system, women candidates were to get at least 50% of
the representation from each class/region.

3. Combining both the electoral systems, total representation in the Constituent Assembly
required to be one third of the total strength of the HOUSE (Constituent Assembly).

4. Under the system of proportional representation, political parties were expected to give more
preference to the candidates representing the poor, farmers, laborers, disabled and other
marginalized and suppressed classes.

 What was the time-duration for which the Constituent Assembly in Nepal was constituted?
As enshrined in the Interim Constitution of Nepal, 2063 BS, the duration for the first Constituent
Assembly was two years from the first meeting. But the Constituent Assembly couldn’t draft the
constitution due to transitional unstable politics and this is how first Constituent Assembly went on
getting extension by amending the Interim Constitution, 2063 BS and lasted for four years in total
before it was dissolved. The first Nepalese Constituent Assembly served from Jestha 15, 2065 (May
28, 2008) to Jestha 15, 2069 (May 28, 2012). The second Nepalese Constituent Assembly endorsed
the Constitution of Nepal, 2072 BS on Bhadra 30, 2072 (September 16, 2015) and stopped working in
capacity of Constituent Assembly from the date of adoption of the constitution on Asoj 3, 2072 BS
(September 20, 2015).

Words and terms you would like to know

Covet (v.): to want to have something very much
Transitional (adj.): changing in nature
Feedback (n.): response, comments in the form of opinions about and reactions to
Reasonable (adj.): rational, in accordance with common sense
Indigenous (adj.): original to a place, originating in and naturally living or growing in a region or a country
Minority (n.): a group of people, within a society, whose members have different ethnic, racial, national,
religious, sexual, political, linguistic, or other characteristics from the rest of the society

Activities

1. Explain why it was felt that Constitution was to be drafted by the elected Constituent Assembly
after the 2nd Mass Movement (in 2062/63 BS).

2. The popularity and success of the Constituent Assembly lies in its process of formation which is
based on the principle of inclusion (inclusiveness). Justify the statement with illustrations.

3. Describe the process of providing legal validity to the constitution drafted by the Constituent
Assembly.

4. The Constituent Assembly which drafted the Constitution of Nepal, 2072 BS was totally different
from the commissions/committees formed in the past to draft earlier constitutions. Outline the
differences with valid facts and argument.

Exercise

1. Define Constituent Assembly.
2. Analyze the nature and scope of the Constitution drafted by the Constituent Assembly.
3. Explain how we can prove that our Constituent Assembly was the most inclusive in nature and

the constitution drafted by it reflected the all-inclusive features of the Nepalese society.

Community Work

Divide the students at least in five groups. Select a leader who enjoys confidence from each group.
Have a debate and discussion on how to make the school a zone of peace and children-friendly place.
Present (share) the conclusion of debate and discussion on the topic in the class.

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Lesson

4 Fundamental Rights

Fundamental Rights: Nature and Characteristics

Rights are claims that are essential for the existence and development of individuals. The list
of human rights can be long. These rights are recognized by the society but some of the most
important rights are recognized by the State and enshrined in the Constitution. Such rights are
called fundamental rights. These rights are fundamental because of two reasons. First, these are
mentioned in the Constitution which guarantees them and the second, these are ‘justiciable’,
i.e. enforceable through courts within the country. Fundamental Rights are those human rights
without which living dignified human life is not possible. Fundamental rights are inalienable
rights which are basic foundation to realize the potential of human life. The Fundamental
Rights are regarded as basic human rights of all citizens guaranteed by the Constitution and
protected by the Supreme Court from government encroachment. Fundamental rights are not
as wide as human rights. It is because fundamental rights are given by the specific political
regime (government) in a country. Nature and scope of fundamental rights differ from one
country to another country in accordance with the constitutional arrangement of that country.
But, democratic governments around the world give more number of fundamental rights than
non-democratic governments. There are fundamental rights which derive their source and
commitment from universal declaration in political, social, cultural and economic aspects/
dimensions of the human’s individual and community life.

Features or characteristics of the fundamental rights

a) Fundamental rights are given to every citizen of the country. And, they enjoy (exercise) these
rights within the geographical boundary of the country.

b) There is no hierarchy of fundamental rights as being the most important and less important. All
the fundamental rights are equally important.

c) Fundamental rights are constitutionally guaranteed (given) and therefore constitutionally
guarded.

d) Fundamental rights, if violated, there is a provision for punishment to the violators of the
fundamental rights.

e) Supreme Court is regarded as the protector of the fundamental rights of citizens.
f) During the state of emergency in the STATE, most of the fundamental rights may get suspended.

The Constitution of Nepal, 2019 BS had provisions of fundamental rights but the Constitution
had put up a lot of unnecessary restrictions on the exercise (enjoyment) of the fundamental
rights. The Constitution of Kingdom of Nepal, 2047 BS had treated “fundamental rights” as the
basic element of the Constitution and had a mention of these rights in Part-3 of the Constitution.
Similarly, Interim Constitution of Nepal, 2063 BS had placed “fundamental rights” in Part-3 of the
Constitution. Part-3 once again in the Constitution of Nepal, 2072 BS has the list of ‘Fundamental
Rights’ given to citizens of Nepal.

Types of Fundamental Rights

Following are different Types of ‘Fundamental Rights’ as mentioned in Part-3 of the Constitution
of Nepal, 2072 BS from Article 16 to Article 46:

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1. Right to live with dignity (Article 16): Every citizen has right to live with dignity and hence
no death punishment shall be given to them by the court in any situation.

2. Right to Freedom (Article 17): No citizen is deprived of right to freedom except in accordance
with the provisions established by law. Right to freedom includes following rights:
a) To give opinion and expression
b) To assemble peaceably and without arms
c) To form associations or unions
d) To launch (register) a political party
e) To move freely throughout the territory of Nepal
f) To reside and settle in any part of the territory of Nepal; and
g) To practice any profession, or try to carry on any occupation, trade or business

3. Right to Equality (Article 18):
a) All the citizens are equal before the law. The state shall not deny to any person the equal
protection of the laws within the territory of Nepal.
b) The state shall not discriminate against any citizen on grounds only of religion, race, caste,
sex (gender), and place of birth, ideological orientation or any of them.
c) No citizen shall, on grounds only of sex (gender), be subject to any discrimination with
regard to equal payment (salary) and social security for equal work and access (entitlement)
to parental property.

4. Right to Publication, Transmission and Press (Article 19):
a) The State shall not prevent any citizen from publishing or transmitting news, thoughts,
opinions, compositions or expressing any kinds of views on electronic and print media.
b) The State shall not stop the operation of electronic and print media and telephonic
transmission except in accordance with the provisions established by laws.
c) The State shall not seize upon (or confiscate) any materials meant for publication and
transmission on audio or audio-visual or visual or print media through radio, television,
online internet, or any other electronic and print media.

The STATE has power and authority to impose ban and necessary restrictions on materials related
with publication and transmission if the said materials disturbs or compromises with sovereignty,
integrity and national unity of the country or impairs the relationship between the central and state
governments or promotes sedition, untouchability, gender discrimination, religious intolerance and
go against public health and morality.

5. Right to Justice (Article 20):
A. No person who is arrested shall be detained in custody without being informed of the
grounds for such arrest.
B. No person who is arrested shall be denied the right to consult, and to be defended by, a
legal practitioner (lawyer or advocate authorized to practice law in any court of Nepal) of
his choice. All the legal advice and interaction which goes between the detainee and the
legal practitioner will remain confidential.
However, above provisions do not apply on the detainee from the enemy country.
C. Every person who is arrested and detained in custody shall be produced before the
nearest magistrate within a period of twenty-four hours of such arrest excluding the time
necessary for the journey from the place of arrest to the court of the magistrate and no such

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person shall be detained in custody beyond the said period without the authority of the
magistrate.

However, this provision does not apply in case of preventive detention and for the detainee
from enemy country.

D. No person shall be convicted of any offence for which no law exists for punishment nor be
subjected to a penalty greater than that which might have been inflicted if the law had been
in force at the time of the commission of the offence.

E. No person shall be considered as convict unless proved and established by court of justice
after having followed the law of the land.

F. No person shall be persecuted and punished for the same offence more than once.
G. No person accused of any offence shall be compelled to be a witness against himself.
H. No person accused of any offence shall be deprived of knowing about charges leveled

against him and actions being taken in this regard.
I. No person accused of any offence shall be deprived of fair trial conducted by independent,

impartial and competent court of justice or any legal tribunal.
J. Every accused has right to be represented by the legal practitioner and if an accused is

incapable of hiring such legal protection to defend himself then the State shall provide free
of cost legal services to such accused.

6. Right to Victims of Crime (Article 21):
A. Every victim of crime has right to know about the progress of investigation and actions
being taken against the perpetrators of crime.
B. Every victim of crime has right to have rehabilitation in mainstream society and due
compensation along with other required justice against the crime committed on him.

7. Right against Exploitation (Article 22):
No person who is arrested and detained in custody shall be subjected to physical and

psychological torture or any kind of cruel (barbaric), immoral (inhuman) or derogatory
(insulting) treatment.
8. Right against Preventive Detention (Article 23):
a) No person shall be subject to preventive detention unless sufficient evidence is available

with regard to endangering sovereignty, national integrity and unity of Nepal or
disturbing peace and order within the country.
b) Every person so arrested and detained in custody as part of preventive detention shall
have right to inform his family members and relatives with regard to his situation. But,
this right is not available to the citizen of enemy country.
c) Every person so arrested and detained in custody as part of preventive detention shall
have right to get compensation if preventive detention is exercised by ill-motive and
that contravenes the established process (procedure) of law.

9. Right against Discrimination and Untouchability (Article 24):
a) No person shall be subject to discrimination or untouchability at private or public place on
grounds only of place of birth, caste, community, profession, occupation or physical status
(disability) or any of them.
b) No person from any particular caste or community shall get priority or preferential
treatment to buy and (or) sell the goods, services or any other facilities during the course
of production and distribution of such goods, services and facilities.

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c) No person shall promote, practice and propagate any act or thought concerning with social
discrimination, or untouchability and caste superiority on grounds only of place of birth,
caste, community and physical status or any of them.

d) Caste based untouchability or social discrimination in any form is forbidden in work-place.
e) Untouchability shall be an offence punishable in accordance with law and victim of the

enforcement of any disability arising out of untouchability shall be entitled to compensation
in accordance with law.
10. Right to Property (Article 25):
A. Every citizen shall have the right to earn, use, buy and sell the property or get the
commercial benefit from it and shall be entitled to do any other business of (with) the
property.
However, State can impose tax on property and on individual’s income.
Explanation: Property here means moveable/immoveable as well as intellectual property.
B. State shall not acquire or confiscate individual’s property except for public welfare nor
shall State limit the right to enjoyment of individual’s property.
However, this provision shall not apply to property earned in an illegal manner.

11. Right to Freedom of Religion (Article 26):
A. All persons are equally entitled to freedom of conscience and the right freely to profess,
practice and preserve religion.
B. Every religious denomination (section) shall have the right to establish and maintain
institutions for religious purposes.

12. Right to Information (Article 27):
Every citizen shall have the right to demand and get the information on individual’s own

affairs or public affairs of the Government.
However, information required to be kept confidential in accordance with law shall not be

passed on or shared.
13. Right to Privacy (Article 28):
Every person shall have right to privacy with regard to individuality (personality), residence,

property, written document, correspondence and character except in the cases demanded by
law.

14. Right against Exploitation (Article 29):
a) Every person shall have right against exploitation.
b) No person shall be subject to exploitation of any kind on grounds only of religion, custom,
tradition, rites, rituals or any other such grounds.
c) No person shall be enslaved or trafficked or be bonded labor.
d) No person shall be compelled to become forced labor against his wish (will).
e) Nothing in this article shall prevent the State from imposing compulsory service for public
purposes.

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15. Right to Clean Environment (Article 30):
a) Every citizen shall have right to live in clean and healthy environment.
b) Victims of environmental pollution or degeneration shall have the right to get compensation
from the polluter.
Nothing in this article shall prevent the State from enacting laws with regard to bring
harmony and balance between environment and development of the nation.

16. Right to Education (Article 31):
a) Every citizen shall have right to basic education.
b) Every citizen shall have right to get free and compulsory basic education and shall have
free education till secondary level.
c) State shall provide free higher education for citizens who are disabled and economically
poor.
d) Braille script for visually impaired (sightless) citizens and symbolic language for citizens
having hearing and speaking problem shall be used to provide free education in accordance
with law.
e) Any section of the citizens residing in the territory of Nepal shall have the right to get
education in their own mother-tongue and for that matter shall have the right to establish
and administer educational institution of their choice.

17. Right to Language and Culture (Article 32):
a) Every citizen and community residing in the territory of Nepal shall have the right to use
(practice) one’s own language (mother-tongue).
b) Every citizen and community residing in the territory of Nepal shall have the right to
participate in one’s own cultural festival and life.
c) Every community residing in the territory of Nepal having a distinct language, script or
culture of its own shall have the right to conserve and promote the same.

18. Right to Employment (Article 33):
a) Every citizen shall have the right to employment. Status and terms of employment along
with unemployment allowances shall be fixed in accordance with federal (central) law.
b) Every citizen shall have the right to choose or select employment on his own.

19. Right to Labor (Article 34):
A. Every worker shall have right to duly practice labor.
Explanation: Worker for this article refers to a person who gives manual or intellectual
contributions to employer for wage or salary.
B. Every worker shall have suitable wage (salary), facilities and social security.
C. Every worker shall have the right to open and participate in trade unions with a view to
safeguard worker’s interest and to go for collective bargaining with the employer.

20. Right to Health (Article 35):
a) Every citizen shall get free basic health care service from the State. No person shall be
deprived of emergency health services.

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b) Every person shall have the right to get information regarding one’s own health and
treatment (diagnosis).

c) Every citizen shall have equal access to health services.
d) Every citizen shall have reach (access) to hygiene and clean drinking water.
21. Right to Food (Article 36):
a) Every citizen shall have the right related with food.
b) Every citizen shall have the right to secure one’s own life in case of food-scarcity.
c) Every citizen shall enjoy food sovereignty as per the law.
22. Right to Residence (Article 37):
a) Every citizen shall have suitable residence.
b) No citizen shall be deprived of or encroached upon the place of residence except the

provisions made by law.
23. Right to Woman (Article 38):

A. No woman shall be subject to gender discrimination.
Every woman shall be ensured protected and secured maternity and shall have right to

reproductive health.
B. No woman shall be subject to physical, mental, sexual or psychological or any other

kind of violence or exploitation on the basis of (in the name of) religious, social and
cultural tradition or custom or any other such system.
 There shall be inclusive participation of women in all the departments and

institutions functioning under the Government of Nepal.
 Special opportunity shall be provided to women on the basis of positive

discrimination to ensure their education, health, employment and social security.
 Married woman shall have equal rights in the matter related with property and

family.

24. Right to Children (Article 39):
a) Every child shall have right to own the name for identity and register the birth.
b) Every child shall have access to family in addition to education, health, nutrition, bringing
up, sports and entertainment provided by the State for his/her all round development.
c) No child shall be employed in industry-factory, mines or in any other such hazardous
work.
d) No child shall be subject to child-marriage, illegal trafficking, abduction, or slavery.
e) No child shall be enlisted (recruited) or used for any purposes in army, police or any other
armed group, nor be abused, discarded or neglected in the name of cultural and customary
traditions or in any other ways and therefore be the subject to physical, mental and sexual
exploitation.
f) No child shall be compelled to undergo physical, mental or any other kind of torture at
home, school, or in any other place or situation.

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g) Every child shall be entitled to child related justice.
State shall provide special security and facility to children who are destitute, orphan,

handicapped or displaced or victims of any armed struggle within the territory of Nepal.
25. Right to Dalits (suppressed and marginalized class) (Article 40):

A. State shall ensure proportional representation to Dalits in all the departments and
institutions under Government of Nepal.

B. Dalit-empowerment including their representation and participation shall be ensured in
public services along with employment in other such areas by making special laws in this
regard.

C. Dalit students shall get free education with scholarship from primary level up to higher
level education. Special arrangement shall be made by making laws to provide education
to Dalits in technical and professional fields.

D. Dalit community shall have access to health and social security provided by making special
arrangement through laws.

E. Dalit community shall have right to practice, promote and propagate their own traditional
occupation, knowledge, skill and use of technology. State shall provide relevant skills to
help Dalits cope up with modern occupation by giving them priority and help them blend
their traditional skills with the modern ones.

F. State shall provide land to landless Dalits as per the laws.
State shall provide residential facility to homeless Dalits.

26. Right to Senior Citizens (Article 41):
State shall provide special protection and social security to senior citizens.

27. Right to Social Justice (Article 42):
A. State shall ensure inclusive representation and participation in all the departments of the
government to socially backward women, Dalits, indigenous groups (Adivashi), ethnic
groups, Madhesis, Tharus, minorities, disabled, marginalized groups, Muslims, backward
classes, youth, farmers, laborers, citizens from extremely backward areas, economically
backward Khas-Arya people and sexual minorities.
B. State shall provide special opportunities and benefits in areas of health, education,
residence, employment, food and social security to economically backward class and
endangered communities with a view to protect, uplift, empower and develop them.
C. Disabled citizens of Nepal shall have their identity based on diversity and avail of public
services and facilities in order to live the life with self-respect and dignity.
D. Every farmer shall have access to land, use of traditionally preserved seeds and selection
as well as preservation of types of agricultural crops for cultivation in accordance with the
laws.
E. State shall provide justice and due respect with priority-based access and facilities in
areas of health, education, employment, residence and social security to all those who
had participated in mass movements to bring democracy or those whose family members
have sacrificed their lives as martyrs during armed struggle and revolution or have gone
disappeared, grievously injured, disabled or have become victims of such struggles and
movements.

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28. Right to Social Security (Article 43):

State shall provide social security in accordance with laws to economically poor, helpless
and destitute person, helpless single woman, disabled children, citizens incapable of looking
after themselves and those coming from endangered community.

29. Right to Consumers (Article 44):
A. Every consumer shall have the right to consume the quality goods and services.
B. Every consumer shall be entitled to get compensation as per the law in case of damage
caused by consuming sub-standard goods and services.

30. Right against Exile (Article 45):
No citizen shall be exiled from the country.

31. Right to Constitutional Remedy (Article 46):

Every citizen shall have the right to directly approach the Supreme Court or the High Court
of Nepal in case of encroachment (or infringement or limitation created) on enjoyment of one
or more fundamental rights given by the Constitution.

Words and terms you would like to know

Confidential (adj.): private and secret
Detainee (n): someone who is kept in police custody or prison
Compensation (n.): an amount of money or something else given to pay for loss, damage, or work done
Impartial (adj.): not biased, having no direct involvement or interest and not favoring one person or side
more than another
Contravene (v.): to break rule or law
Enforcement (n.): forceful obedience to law, regulation, or command
Correspondence (n.): written messages, written communication
Degeneration (n.): worsening of condition
Grievously (adv.): in a very serious or bad or severe way
Infringement (n.): failure to obey a law or regulation or observe the terms of an argument

Activities

1. Fundamental rights help the individuals survive with dignity and honor. Justify the statement
with examples.

2. Fundamental rights keep changing according to time and situation. Discuss it in the group of
your class-mates and arrive at the conclusion.

3. What is the present condition of “Right to Education” in your community? Is it having strong
impact there or not? Inquire from elders, social activists and local political activists. Share your
findings in the class.

4. Highlight the provisions related with “Right to Dalits” in the Constitution of Nepal, 2072 BS.
Examine the effect of these provisions in the Nepalese society.

5. Do you think more fundamental rights are required to be included in the constitution? If so, list
the fundamental rights you want to be included and give reasons for inclusion.

6. Right to Children has been given to safeguard the interests of children in the country and save
them from all kinds of exploitation. Go through the provisions related with children and their
welfare mentioned in the ‘fundamental rights’ and analyze their impact on Nepalese society.

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Exercise

1. Define Fundamental Rights. Outline the features (characteristics) of fundamental rights.
2. Examine the interrelationship between “Human Rights” and “Fundamental Rights” with the help

of examples.
3. List the various rights which fall under “Right to Freedom”. Analyze their roles in personality

development of an individual.
4. Nature and scope of fundamental rights differ from one country to another. Critically analyze the

statement.
5. Democratic and non-democratic governments differ in their degree of acceptance of fundamental

rights. Critically comment on it.
6. Discuss the impact of “Right to Education” on the Nepalese society.
7. Describe how ‘right to education’ has addressed the problems of the people with different or less

ability. How do you think such provisions are justified in eyes of law and justice? Give your views
on it with relevant facts and argument.
8. Explain how right to justice, right against exploitation and right against preventive detention are
interrelated with each other.
9. Right against discrimination and untouchability is a right step towards bringing social equality in
the Nepalese society. Analyze by citing several provisions from these rights.
11. Right to religion, language and culture reflects the true nature of the Nepalese society based
on the values of secularism, diversity and tolerance. Justify the statement by giving arguments
supported by facts and evidences.
12. Find out the fundamental rights relating to human health, hygiene and protection of environment
mentioned in the Constitution of Nepal, 2072 BS. List the provisions mentioned in these
fundamental rights.
13. Children, women and Dalits are extremely vulnerable groups in the Nepalese society hence they
require special protection. Mention the provisions which have been listed in specific fundamental
rights given to protect and safeguard the interests of children, women and Dalits.
14. Critically analyze the implications of right to information and privacy on our personal growth
and development.
15. There is no meaning and significance of fundamental rights without having right to constitutional
remedy. Examine the statement by highlighting the meaning and scope of ‘Right to Constitutional
Remedy’.

Community Work

Divide the class into five groups and ask each group to investigate about the status of fundamental
rights being enjoyed by their respective community and neighborhood. Every group should prepare
a report by compiling the observation made by an individual. Present the group report in the class
with remedial measures to be taken to create awareness regarding the exercise of fundamental rights.

134 Nova Social Studies Grade-9 >>

Lesson Fundamental Duty and
Fundamental Rights
5

Fundamental Duties and its relationship with Fundamental Rights

Fundamental Duties are obligations to be fulfilled by citizens. Fundamental Duties are like
some noble advice of which some are civic, social and legal duties and others are moral duties
to be discharged in right earnestness. They are generally not legally binding upon the citizens,
particularly in case of moral duties and even the courts cannot enforce them. In general,
Fundamental Duties are not enforceable by the courts of our country. No one can be punished
if s/he does not perform his/her duties unless non-performance of duties violates other’s rights
and other laws or any other related laws of the land. In this way, some Fundamental Duties are
enforceable by the courts of the country. Duties like abiding by the Constitution, respecting the
National Flag and the National Anthem, defending the country and render national service when
called upon to do so and safeguarding public property, etc. fall in this category and the courts can
enforce them in case of violation or non-performance of these duties.
Even though Fundamental Duties are not legally enforceable, Article 48 (the Constitution of
Nepal, 2072 BS) which deals with “Fundamental Duties” of the citizens is the integral part of the
constitution and hence cannot be removed through amendment of the constitution. Following are
the Fundamental Duties enlisted under Article 48 of the Constitution of Nepal, 2072 BS:

Every citizen of Nepal has the following obligations as fundamental duty.
a) To remain committed to the nation with a view to protect unity, integrity and sovereignty of the

nation,
b) To follow the constitution and laws of the land,
c) To provide compulsory service to nation as and when State demands the same,
d) To protect and preserve the public property.

These duties have moral impact and contain educative value for the citizens. Therefore people
obey these duties on moral obligation for welfare of the people. Both the Fundamental Rights and
the Fundamental Duties are deeply interrelated to each other. Every right implies a corresponding
duty towards the individual and a society. No right can be separated from the duties on the other
side and vice-versa. For example, if a citizen has the right to education or right to movement from
one place to another place then the corresponding duties exist on parts of other citizens not to
create hindrance on the path of obtaining education or on the path of movement. Teachers have
corresponding duties to teach in the class-room and publishers must publish quality books so that
students can enjoy their rights to education. Similarly, drivers and pilots must go for safe driving
and traffic must get cleared in no time with crime-free and strike-free routes in order to have the
right to movement. Therefore, both rights and duties are important for personal development of
the individual as well as for the prosperity of the country.

Types and Significance of Fundamental Duties

To understand the significance of fundamental duty, it is necessary to know its types and related
features.
A. Moral Duties are very personal for any individual as to how to behave and what to do

135<< Nova Social Studies Grade-9

towards the society and with any other individuals. Since moral-duties are matter of personal
moral and emotional personality growth, they cannot be targeted for legal action until and
unless non-fulfillment of moral-duties turns out to be a criminal act in accordance with laws.
Thus, a particular way of behavior towards teachers, parents, elders, juniors and so on cannot
be strictly enforced except by social approval or disapproval, family or peer pressure.
B. Legal Duties constitute the responsibility to respect, obey and follow the laws of the land. No
one must violate the constitution and laws knowingly. The violation of existing provisions of
the constitution and laws invites sanctions or punishment to the violator.
Concrete differences between moral and legal duties for easy understanding are as follows:

Moral Duty Legal Duty

Examples of moral duty are showing respect and Examples of legal duty are following the
honor towards parents, teachers and elders and laws of the land and obedience to the Con-
showing affection towards children and helpless. stitution of the country.

The essence of moral duty is all about showing The essence of legal duty is all about
good behavior, goodwill and respectful thoughts cooperating with the agencies and
for all the humans. institutions in implementing laws.

The main purpose of moral duty is to live clean, The main purpose of legal duty is to be sin-
pious and ideal life without showing disrespect cerely cooperative in legal reforms and in
to anyone. implementing laws.

C. Civic Duties are obligations towards the society as a whole. For example, serving the nation,
paying the tax, casting vote in democratic elections, and raising one’s voice against injustice
and so on are some of civic duties.

Following are some of the important ways for citizens to fulfill civic duties:
 To make positive contributions in maintaining peace and order in the society (country),
 To cooperate with Government agencies/institutions and other related organizations
working for welfare of the society,
 To participate in development works of the country,
 To pay both direct as well as indirect taxes meant for proper functioning of the
Government,
 To exercise one’s own fundamental right to vote without falling (trapped) into any kind
of fear, favor or greed,
 To elect the candidate who has high moral standing and has a tendency to work for the
welfare of the people,
 To raise the voice in favor of truth and justice without compromise or fault,

136 Nova Social Studies Grade-9 >>

 To stand up and speak against violation of fundamental rights and against any attempt
which endangers national unity and integrity.

D. Social Duties regulate our behavior in the society and more so on several social occasions.
We are social beings and therefore we cannot live without society. Our conducts and
attitudes towards society we live in help shape up the type of society it will be. We alone
are responsible if the society we live in goes worse, violent and immoral because we did not
perform our social duties.

Following are some of the important ways for citizens to fulfill social duties:
 To show interest and become aware of social values, norms, beliefs and traditions,
 To participate and encourage others to participate in social and cultural festivals,
 To protect, preserve and maintain religious sites and religious places like temples, MATHs,
monasteries, Stupas and so on,
 To discourage and fight against social evils and social problems,
 To stop justifying wrong beliefs and blindly followed traditions by using false argument,
fraudulent speech and malicious behavior in the name of freedom,
 To cooperate in every effort aimed at maintaining religious tolerance and social harmony.

Significance of Fundamental Duties

 They serve as a reminder to the citizens that while enjoying rights they also have some
fundamental duties to fulfil.

 They act as a warning against the anti-national activities and  anti-social activities like
burning of constitution, and national flag, etc.

 They serve as a source of inspiration for the citizens and promote a sense of discipline and
commitment among them. They create a feeling that the citizens are not mere spectators
but active participants in the realization of national goals.

 Though non-justiciable in nature, it still helps the court in  examining the constitutional
validity of the law. If the court finds that a law  in question seeks to give effect to a
fundamental duty, it may consider such  law to be enforced. Hence the Parliament
can provide for the imposition of appropriate penalty or punishment for failure to fulfill
any of them.

Words and terms you would like to know

Enforceable (adj.): having quality to compel obedience to a law, regulation or command
Justiciable (adj.): capable of being settled in a court of law, able to be settled by applying the principle of
law
Non-justiciable (adj.): not capable of being settled in a court of law
Tradition (n.): custom

137<< Nova Social Studies Grade-9

Activities

1. Fundamental duties help citizens in exercising their rights better and make the society a better
place to live. Justify the statement with examples.

2. Fundamental duties are based on eternal values of SATYAM (Truth), SHIVAM (Balance or
harmony) and SUNDARAM (beauty or auspiciousness) and always come before fundamental
rights. Discuss it in the group of your class-mates and arrive at a conclusion.

3. What is the situation (condition) of “Moral Duties” in your community? Do you see erosion of
moral values in family, school and community? Inquire from elders, social activists and local
political activists. Share your findings in the class.

4. Highlight the interrelationship between civic and social duties. Present a speech how the civic
and social duties can transform our urban and rural society in Nepal.

5. Do you think more fundamental duties are required to be included in the constitution? If so, list
the fundamental duties you want to be included and give reasons for the inclusion.

Exercise

1. Define Fundamental Duty. Outline the main features (characteristics) of fundamental duty.
2. Examine the interrelationship between “Fundamental Duties” and “Fundamental Rights” with

the help of examples.
3. List the various duties which fall under the category “Civic Duty”. Analyze their roles in

democracy for enhancing ‘Rule of Law’, Good Governance’, and ‘Peace and Order’.
4. Fundamental Duties are expectations from the citizens. Therefore, both democratic as well as

non-democratic governments need them. Critically comment on it. Or,
It is unthinkable for any society to sustain and prosper without observance of fundamental duty.

Examine the statement in the context of Nepalese society.
5. Describe the impact of social duties on Nepalese society.
7. Describe how observance of ‘moral duties’ helps senior citizens, sick people, young children and

disabled citizens to live with dignity and happiness.
8. Highlight the significance of the fundamental duties.
9. Differentiate between moral duty and legal duty.

Community Work

Divide the class into fice groups and ask each group to investigate about the status of fundamental
duties in terms of their observance or non-observance in the family, community and neighborhood.
Every group should prepare a report by compiling the observation made by individuals. Present
the group report in the class with remedial measures to be taken to create awareness regarding the
fulfillment of fundamental duties.

138 Nova Social Studies Grade-9 >>

Lesson

6 Right to Information

Miss Bhawana Upadhyay saw three advertisements sponsored by the Government of Nepal on
television and listened to them on the radio too. These three advertisements were related with
“Right to Information”. She collected the advertisements and brought them to the class to have a
discussion with the Social Studies Teacher Mr. Sushil Gyawali.

Mr. Sushil Gyawali looks at the advertisements brought by Miss Bhawana Upadhyay and gives
instructions for making groups in the class to go through the provisions mentioned under Right
to Information in Part-3 of the Constitution of Nepal, 2072 BS. After 10 minutes, Miss Bhawana
rises up and asks: Sir, What is right to information? Please explain to us.
Teacher: Information here means public-disclosure of decisions, works and any other events of
public interest and significance made by Government (public) department, agency and institution.
So, Government releases information to an individual (citizen) or to any organization working
for the people or a group of people. In democracy, Government cannot deny information to the
people because Government has been formed by the people and therefore, people have every
right to know how Government is working or functioning. We know that Government functions
through ministries, departments, and other institutions. All of them are termed public offices
because they serve people at large and it is mandatory for them to share information with people.
Bhawana: Does it mean that a citizen or organization can demand any kind of information from
the Government?
Teacher: In general, a citizen can demand for information which affects him/her either positively
or negatively at personal and professional level. A citizen can further seek information regarding
any policy, plan, project or issue which serves the public interest and it is of public significance.
But, Government or public agency can deny sharing some information which endangers national
security, unity and integrity. Government can further deny sharing the information which may
stir up (provoke) communal riots and disturb the peace of society.

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Mingma Lama: Sir, just now you have used terms like public agency, public interest and public
significance. Would you explain these terms to us?
Teacher: The term public agency is a broad concept which means any organization or institution
which is operating (functioning) under legal-sanctity (approval) for the public-at-large and not
created (owned) by private individual (capitalist or layman).

the following organizations and institutions come under the term “public agency”:
a) Agencies (departments and offices) functioning under the constitution
b) Agency created by Act and regulation
c) Agency formed by the Government of Nepal
d) Agency and organization established by law to provide public services
e) Agencies owned and controlled by Government of Nepal either fully or partially or any other

agency (organization) operating on Government’s grant
f) Non-Government Organizations (NGOs) operating on grants and financial contributions

received from Government of Nepal or foreign country or any other international organization

Terms like public interest and public significance are used for the issues or subjects that concern
the people directly by touching and transforming their life positively. Both the terms are used
interchangeably and independently too. Those issues which are of public interest definitely hold
public significance. Such issues of public interest are road and highway, drinking water, schools,
hospitals and so on where sincere efforts and serious thoughts are paid on making plan and its
execution. Therefore, all the development plans right from their stage of inception to the stage
of execution and at last till completion hold public significance because success of development
plans and policy transforms the people’s life positively.
Sukhdev Shah: Sir, I have next question to ask. How does RTI (Right to Information) strengthen
our democracy and make the Government responsible?
Teacher: If citizens in a democratic country are alert and aware about their rights to know what
the elected Government is doing for them then every citizen gets interested in the performance of
government agency and other agencies working for people’s cause and public welfare. This is our
civic duty too to know about political (executive) decisions which affect and shape up our political,
social and economic future. People’s participation in political governance does not end just by
casting vote and electing the Government. Right to information helps the citizens to analyze the
work of the Government and other NGOs that claim to work for the people but may work for their
own selfish interest. In such a situation, citizens by using RTI (Right to Information) can expose
dishonest politicians and corrupt public officials so that in next election honest Government
comes into power and corrupt officials are brought to justice. Knowing about money spent on
development projects, delay in completion and other such aspects puts the public agencies under
pressure to perform and keep clean. They become accountable to the people for which democracy
functions and maintain transparency in their financial and administrative dealings.
We know that transparency in administration and governance gets rid of corruption at all the
levels. This is possible only when citizens wherever they are exercise the right to know or right
to information about what is happening to them and around them. Prime Minister, ministers and
public officials are always on their toes (alert) as they have to furnish explanation to the people
when asked why they have done (or not done) something which was in the interest of the people
at large or a group of people or to an individual. This is how it strengthens democracy.
Makbul Ansari: Sir, what are the various dimensions or aspects of right to information?

140 Nova Social Studies Grade-9 >>

Teacher: Right to information has various dimensions attached to it because it is available only
in democratic country. But, not all the democratic countries guarantee this right to their citizens.
On top of it, nature of this right may vary from country to country because even a democratic
country hides information from the people in the name of national security and confidentiality of
the official document.

Different dimensions or aspects attached with the right to information

1. It proves that people are sovereign and they are the real master in democracy for whom public
governance or administration functions.

2. It makes the process (procedure) of public decision more effective.
3. It minimizes (reduces) the financial irregularity, indiscipline and abuse of administrative power

and authority.
4. It reduces all kinds of corruption (corrupt practices).
5. It enhances the quality and speed of public-service delivery.
6. Right to information helps people to participate in administrative system directly or indirectly.
7. It promotes rule of law in the society.
8. Right to information discourages rumours and propaganda. People get right information at the

right time, therefore they do not chase falsity which prevents the creation of environment of
falsehood.
9. It educates the citizens in various ways and teaches them right lessons of democracy. People
become conscious of what public authorities are really doing for the welfare and development
of their society. This helps in consolidating the democratic system at different levels like local,
provincial and national level.
Ajaya Khanal: Sir, in the beginning you told us that public administration does not share all
kinds of information with public even under the right to information. Would you elaborate
on the types of information worth sharing and the types of information not to be shared
(disclosed)?
Teacher: Yes, a citizen or an organization cannot just ask for any information from the agency
engaged in public administration. It depends upon the nature and type of information before it is
shared with the information-seeker.

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The following is the (negative) list of information which cannot be shared under the right to
information.
a) Information which may endanger sovereignty and integrity of Nepal or national security or

may disturb public peace and order shall not be shared.
b) Information which may seriously impair (damage) international relations with friendly

countries and other important countries cannot be shared.
c) Any information which may adversely influence the investigation of a crime or may affect the

trial of a case shall not be shared.
d) Information which has potential to destroy or damage the economy, trade and money-value or

financial circulation in a country or any trade secret at national and international level cannot
be shared.
e) Information which goes against the maintenance of social harmony between various ethnic
groups, castes and denominations or sects is not made public (disclosed).
f) Information that puts a person’s life and property at risk and makes him/her vulnerable to
malicious and dangerous attack on his/her privacy and health need not to be shared.

Information which does not fall in above (negative) list can easily be shared for creative and
education purposes or for doing analytical and comparative study.
Following is the list of information which can be shared under the right to information:
a) To go through or look into any work, paper and archives,
b) To copy the document or record or to extract (pull out) part of it to take certified copy of it,
c) To take certified copy of any text, object or thing,
d) To allow any such information flow unhindered through tape, video, pen-drive, compact-disc

or such electronic devices.

Krishna Adhikari: Sir now we want to know about the procedure or way (method) to get
information from the public administration (public offices or agencies).
Teacher: One who seeks information needs to write an application to the concerned information
officer. Application must contain the type and nature of information being sought. Therefore,
information-seeker must frame a clear question in order to get clear answer (information) from
the public-administration office. Clear question elicits clear answer (information).
Krishna Adhikari: Sir, is there any fee (payment for getting service) to be paid for seeking
(getting) information?
Teacher: Generally, there is no fee for going through information in form of notice, written
paper, documents and archives for first half an hour. Then after one is charged for collecting or
consulting information at a rate of 50 rupees for an hour. Places dedicated for people at large such
as Public Library do not charge any money or fees for normal observation but they charge money
in following cases:
a) Information up to 10 pages contained in normal-size paper (A-4) is absolutely free-of-cost

but one has to pay 5 rupees for every extra page. It means that for every extra page after 10
pages (which do not incur money payment) one needs to pay 5 rupees.
b) For digital transfer of information through video, Compact Disc, pen-drive and so on, one
has to pay 50 rupees per Disc.
Students were extremely happy the way Social Studies teacher Mr. Sushil Gyawali explained
all the queries and clarified their concerns about Right to Information.

142 Nova Social Studies Grade-9 >>

Words and terms you would like to know

Mandatory (adj.): compulsory, needing to be done
Interchangeably (adv.): in switching for each other or being used for each other
Confidentiality (n.): something to keep secrets, not to reveal information
Malicious (adj.): deliberately harmful
Elicit (v.): draw out

Activities

1. Find out the arrangement done or made by Government of Nepal in order to promote the
right to information. Explore on your own from different sources, collect the information and
then present it in the class.

2. Write an editorial for a national daily newspaper on the topic, “Positive Impact of Right to
Information” on Government agencies/organizations and community”.

3. What steps have to be taken to make the right to information more effective? Write a letter to
this effect by incorporating your views on the topic and send it to the Chief Commissioner of
National Information Commission.

Exercise

1. What is information? Define Right to Information.
2. Clarify where and in what conditions in fact right to information applies.
3. Public agency and public interest play vital roles in exercising right to information. Elaborate

on the terms like ‘public agency’ and ‘public interest’.
4. Explain how right to information has served both the sides of democracy – the People who

elect the Government and the Government elected by the people.
5. RTI (Right to Information) helps in establishing corruption-free society by exposing dishonest

politicians and corrupt public officials. Critically analyze the statement with the help of
suitable examples.
6. Discuss the impact of RTI on individual’s personal development and development of the
community.
7. In context of Nepal, RTI is a powerful tool to ensure transparency and accountability in
political governance. Highlight the major obstacles (roadblocks) which come on the way of
exercising RTI (Right to Information).
8. RTI has various dimensions/aspects attached to it. Make a list of those aspects.
9. There is information which cannot be shared under RTI. Make a list of such information.
How far do you agree with it? Give reasons.
10. Briefly describe the process (procedure) involved in getting (pulling) information from
public agency/organization.
11. Explain the significance of RTI in a democratic country such as Nepal.

Community Work:

There must be someone from your community working in a public organization. Get detailed
information on how the organization has transformed itself into a transparent agency and
made his officials accountable to the people (service-takers or service beneficiaries). Prepare a
questionnaire for this purpose. Prepare a report on ‘RTI brings transparency and accountability’
with the help of details received through the questionnaire.

143<< Nova Social Studies Grade-9

Lesson

7 Good-Governance

Before we attempt to know about “Good-Governance”, let us first understand what Governance
is. Governance simply means the rule by rulers, no matter who is ruling and under what political
ideology – democratic or non-democratic. Governance is the process – by which authority is given
to rulers for making and modifying the rules (laws) and then to enforce them on to the people. It is
clear here that the traditions and institutions by which authority in a country is exercised is called
Governance. The World Bank has defined Governance as the way....power is exercised through
a country’s economic, political, and social institutions. Therefore, Governance is «the process of
decision-making and the process by which decisions are implemented (or not implemented)». How
far Governance is effective is judged by its quality and effects (outcomes) on the society and the
people. This is how Governance can be categorized as ‘Bad-Governance’ and ‘Good Governance’.
Bad governance is one of the root causes of all evils within our societies. International community,
major donors, foreign investors and global/international financial institutions want to put money
(investment) or give aid and loans only when “Good Governance” is ensured in a country. The
word “Good Governance” brought into popular use after 1990 AD is a broad and contemporary
concept. Lately nation-states have been showing great interest in achieving Good Governance.
Good Governance has emerged as the top priority for all the stake-holders such as society as
whole, political system, civic society and other partners in development. Good Governance is
defined on the basis of positive and benevolent quality and outcomes of Governance.
Let us look at some of the definitions given by the world organizations/institutions:

 Good Governance is “.......among other things participatory, transparent and accountable. It
is also effective and equitable. And it promotes the rule of law.” – UNDP (United Nations
Development Programme)

 Good Governance “…creates the environment in which economy functions in such a way
which judiciously distributes the benefits of resource utilization and economic opportunities in
judicious manner and establishes mutually beneficial and reciprocal relationship between the
ruler and the ruled.” – OECD (Organization for Economic Cooperation and Development)

 Good Governance is characterized by predictable, open and enlightened policy making, with
Government being accountable for its actions, and a strong civil society participating in public
affairs; and all behaving under the rule of law.”— World Bank

Good Governance is actually related with the process and procedure of state administration. Good
Governance increases the capacity and effect of public service with an objective of establishing
welfare-state. Good Governance in itself includes rule of law, protection of human rights, effective
people participation, multi-party system, transparency and accountability. It further incorporates
political equality, justice to all, right to information and conscious citizenry. Good Governance is
no longer limited to just public agencies/organizations. It has now become widespread by taking
private organizations and civil society in its fold. Whole society consisting of civil society, public
and private organizations is the platform (ground) for display of Good Governance.
United Nations in its publication “Good Governance practice for the protection of human rights
has explained Good Governance in the following manner:

144 Nova Social Studies Grade-9 >>