inhuman treatment have been alarming, notwithstanding the huge loss of life on both sides. The right to life is also being violated or put at high risk due to negligence of service providers, such as transportation companies and health service providers. In the absence of necessary legal protections, the lives of the people are unnecessarily lost during travel and while seeking medical treatments. Freedom of opinion and expression has been curtailed by the state under the Terrorist and Destructive Activities (Control and Punishment) Act and the media has faced various kinds of threats. The Maoists are actively engaged in incidents of abductions, torture and other inhuman and degrading treatment, including “disappearances”, the use of people as human shields and killings are rampant. Such actions of the state and the Maoists have seriously jeopardized people’s human rights, especially their right to life and liberty. In addition, the people’s right to associate peacefully has been seriously infringed, especially in regions that are seriously affected by the conflict. Fair trial is a fundamental right guaranteed under the Constitution, but a number of legislative and procedural factors such as provisions contained in the Public Security Act, the Public Offence and Punishment Act, Terrorist and Destructive Activities (Control and Punishment) Act, and the Police Act adversely affect the right to fair trial. Other impeding factors include inadequate transparency in the judiciary, and the complexity and length of time taken by legal process. Caste based discrimination (untouchability): Caste-based discrimination is widespread. Such a practice violates the fundamental rights guaranteed by the constitution and international treaties to which Nepal is a party. Weak legislation, poor enforcement and apathy of the state authorities to the issues have been some of the major factors contributing to the violation of these fundamental rights. In addition to creating social disharmony, caste-based discrimination has given impetus to the violent conflict as evident from participation of large number of discriminated and marginalised people in the violent conflict. Gender based discrimination: Women still face discrimination in many fronts. Differential wages in the private and informal sector for the same kind of work, especially in agriculture, construction work, industry and the informal sector is prevalent. The inheritance right to ancestral/family property, citizenship right of women, the practice of identifying only on the basis of paternal lineage, etc. are some of the key gender based discriminations prevalent in Nepal. Penal reform: Nepalese penal system lays great emphasis on punishment with minimum concern for reform and rehabilitation. The system violates a number of rights of the prisoners. The requirement of separating convicted prisoners from those awaiting trials is not practiced systematically. The overwhelming majority of prisoners in Nepal are detained in dilapidated buildings with leaking roofs, very poor ventilation, foul smelling toilets and crowding. However no special provisions are made for the accommodation and special needs of the elderly, mentally disabled, or pregnant prisoners or for those with dependent children. The Prison Act regulates the prisoners’ right to meet and communicate with their immediate family, friends and relatives. It prohibits communication in the inmate’s mother tongue, 15

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