provisions of the international instrument related to economic, social and cultural rights have
not been incorporated as fundamental rights in totality but have been included under the guiding
principles and policies of the State. This means that the state has to make provisions for the
progressive implementation of these rights, as has been mentioned in Article 2 of the
international instrument. Given that in a country like ours, economically backward and where
the majority of the population are deprived of educational and health services and suffer from
massive unemployment, the economic and social rights of the citizen have not been clearly
guaranteed in the constitution, there is the necessity on the part of the government of
implementing the provisions of the instrument by making progressive laws.
Also, even though there are provisions in the constitution and also in some Acts for special
social security measures for the children, aged and the disabled, they have not been
implemented effectively and in a proper manner as of the present. This is an indication of
laxation on the part of the government in fulfilling its responsibility. Another issue is related to
the Acts and laws that discriminate against women. Although voices have today been raised
from all quarters calling for immediate amendments to such discriminatory laws, the traditional
discriminatory laws remain as obstacles in establishing equal rights for women. The traditional
societal malpractices like Deuki, Jhuma, Badi as well as untouchability are still deeply rooted in
the society as social evils. As regards the rights of children, no effective work plan has been
prepared to raise the living standard of the children and provide them with free education. The
untimely death of people due to the lack of basic health services is also an area of equal
concern. From the perspective of various human development indicators, the living standard of
the Nepalese appears very low compared to other countries. Hence, an evaluation of the overall
situation of the Nepalese people in the context of human rights does not provide much ground
for satisfaction.
The fundamental rights guaranteed by the law have also been violated to a considerable extent
due to the lack of practical commitment on the part of the government. Unlawful arrests,
inhuman torture in custody, deaths in police firings, and incidences of abductions and
disappearances have come to appear as the normal course of events as of today. The total
number of complaints by aggrieved parties at the National Human Rights Commission during
the period of this report was 407. Taking into account the fact that the Commission has its
office only in Kathmandu, along with the low awareness regarding human rights among the
public and the economic, social and geographical structure of the country, one can assume that
the number of complaints filed at the Commission is not a true indication of human rights
abuses in the country. It is only a small fraction of such human rights abuses.
The passivity and unhelpful attitude of the police and other concerned government agencies
during the course of the activities of the commission such as study, research, observation, action
and investigation of complaints has unnecessarily delayed the Commission’s activities and
hindered its effectiveness.
1.1.2
Human Rights Commission for Human Rights Protection
In order to form an independent and autonomous National Human Rights Commission for the
effective implementation and protection and promotion of human rights as provided by the
constitution and the prevailing laws, the parliament enacted the Human Rights Commission Act
(1997). The parliament, the government, opposition political parties and the civil society had a