Even before World War I, universal, inborn, essential, indivisible and inalienable human rights
had been developing with such historical incidences as the Magna Carta, the Bill of rights, the
American Independence movement, the French Revolution and the Russian Bolshevik
revolution. Following the massacres of World War II, the United Nations, for the cause of
world peace and to protect human rights permanently, enshrined human rights in the Charter of
the United Nations. Three years later, the Universal Declaration of Human Rights (1948) was
issued. After the promulgation of the Declaration, the world community has taken special
initiatives for the effective protection and promotion of human rights and fundamental freedoms
keeping in view the fundamental values and principles of the Declaration. In this context, the
Declaration has been a milestone in the area of human rights.
For the purpose of implementing the principles enshrined in the United Nations Charter and the
Universal Declaration in all the countries of the world and for making the countries
accountable, separate international conventions with special emphases on human rights related
to various aspects such as political, economic, social and cultural rights, children’s rights, and
women’s rights have been created. As countries are responsible for ratifying the international
conventions and implementing them within their boundaries, a country cannot absolve itself
from the responsibility of protecting and promoting human rights and implementing its
provision in totality. For this, the government or the State has to give maximum attention to not
only the making of policies and laws but also has to undertake effective measures regarding
their implementation. Also, the government has to undertake appropriate changes in its working
style for the creation of human rights culture.
The first written document in the legal history of Nepal is the National Legal Code of 1854. The
National Legal Code of the time, however, gave legal protection to the prevailing ethnic/caste
based attitudes and did not give due consideration to human rights. The first constitutional
document in the history of the country is the Government of Nepal Constitution Act (1948).
The Act, taking into account the worldwide emphasis on human rights, had made provisions for
some fundamental freedoms of citizens. The Act was followed by the Act related to
Organization and Assembly (1949), Press and Publications Act (1949), Act related to Individual
Liberty (1950) and the Civil Rights Act (1955). All these Acts made some legal provisions
related to human rights. Afterwards, the Constitution of the Kingdom of Nepal (1959) and the
Constitution of Nepal (1962) also continued with this tradition. Despite all this, the practical
aspects related to human rights were not satisfactory in the country at the time.
The popular Movement of 1990 is an important chapter in the history of human rights in Nepal.
The movement, leading to the restoration of multiparty democracy in the country, led to the
promulgation of the Constitution of the Kingdom of Nepal (1990). The constitution has come to
guarantee political freedom along with other various human rights of the citizens. The
constitution has provided for citizens various fundamental freedoms in accordance with the
Universal Declaration of Human Rights (1948), including effective remedial measures. In
addition, Nepal has shown its commitment to human rights at the national and international
level by being signatory to various international conventions and optional protocols, as well as
by the enactment of the Human Rights Commission Act (1997) and with the formation of the
Human Rights Committee in parliament. The list of human rights related international
instruments to which Nepal has been a State party following the restoration of democracy is
provided in the Annex 1. The Annex also provides the date on which the instrument was
ratified/acceded to by Nepal. Part 3 of the 1990 Constitution provides for fundamental