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,
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