The challenge of implementing fundamental rights

The Right to Employment Act provides for unemployment benefits for citizens, but our current situation is a nightmare of people flying in the sky for jobs and returning home in red boxes.

असार ३, २०८२

दुर्गा कँडेल (छत्कुली)

The challenge of implementing fundamental rights

There were huge protests for democracy in the country. Thousands of people sacrificed. Had to deal with Gelnail for years. Many structures were destroyed in the name of protest. Due to these repeated movements, the development of the country could not proceed at the speed it should have, with the loss of large amounts of money.

Thus, almost a decade has passed since the Constitution of Nepal, 2072 was drafted and implemented as an achievement of various periods of movement. Among the 35 parts and 308 articles of the constitution, articles 16 to 46 mention the fundamental rights of citizens. Article 46 also provides for the treatment of fundamental rights. 

Right to freedom, right to equality, right to end slavery, right to physical and mental civilization, right to access to justice, right to victims, right to physical freedom, right to property, right to receive information, freedom of expression and publication, right to privacy, right to residence, right to employment, right to workers, right to education, right to health, right to food, right to housing, right to climate and sanitation, right to language and culture, right to social justice, right to women, right to children, right to senior citizens, There are a total of 31 civil rights in the constitution, including the right of the disabled, the right of Dalits, the right of the neglected class, the right of the consumer, the right to the environment and the right to constitutional remedies.

In the implementation of the fundamental rights mentioned in the constitution, some rights are automatically applied since the constitution is issued, such as the right to life, the right to freedom, the right to equality, etc. Some rights are of a nature to be implemented by creating laws, such as the right to social justice, the right to workers, the right to food and housing, etc. If someone violates a fundamental right, the aggrieved party can file a writ petition in the Supreme Court and the Supreme Court can order to stop such violation, provide compensation and protect rights.

The fundamental rights of people were mentioned in the constitution, laws were formulated. The Government of Nepal has also passed 15 laws related to fundamental rights in 2075. The Education Act, 2075 is one of the 16 laws enacted under the Fundamental Rights Act, 2075 to implement the fundamental right to education under Article 31 of the Constitution. Its purpose is to provide free and quality education to all citizens, to ensure inclusive, equal, quality and useful education, to increase the access and participation of all citizens in education, and to implement the fundamental right to education as stipulated in the constitution.

Education Act, 2075 states that free education is ensured from class 1 to 12 under free and quality education. There is a provision to provide this facility to extremely poor Dalits and those with disabilities. All these things were written in golden letters on the pages of the law but could not be implemented. It does not seem possible to make classes 11 and 12 free. Due to the majority of the private sector in education, it is well known that the quality of private schools and government schools is very poor.

The development of the entire society is impossible without the development of women who occupy more than half of the population. Under Article 38 of the Constitution, in order to implement the fundamental rights of women, there is a system to provide equal opportunities to women in political, social, economic, educational, health and other fields and provide legal protection against gender violence, discrimination and exploitation. It is clear that the issues of gender equality and equal opportunities are rooted in the position of women in political parties, the situation of women in positions of responsibility, the practice of depriving women of opportunities, and overall patriarchal thinking. Women are also going outside the country for education, health and employment.

The Right to Employment Act 2075 was passed to implement the fundamental right to employment mentioned in Articles 29 and 33 of the Constitution. The purpose of this Act is to ensure access to employment for citizens, reduce unemployment, create job opportunities, and clarify the responsibilities of the Union, State and local levels. The Act mentions many topics including unemployment benefits and employment rights. The Right to Employment Act provides for unemployment benefits for citizens, but our current situation is one where people fly in the sky for jobs and return home in red boxes.

The right to social justice Article 42 and Article 50 lay the foundations of social justice in the state policy. The objectives of social justice are ending inequality, ensuring equal opportunities, removing structures based on discrimination, access to justice, education, health, employment, land and resources. When reading and listening to the implementation of this law, which has high ideals, there is no need to do much analysis when comparing the employees working in private organizations that provide employment to government schools and government hospitals, and the landless, who are enjoying the facilities of private expensive schools, private hospitals, public services, and land owners. 

Access to justice as a fundamental right of citizens is guaranteed in Articles 20 and 21 of the Constitution of Nepal. Article 20 provides for the personal liberty of an ordinary citizen and right to access to justice in Article 21. Provisions have been made in the articles of the constitution, but the condition of literacy in terms of citizens' justice is very weak. The effect of its implementation is not happening as much as it should have been.

These are some of the fundamental rights considered as important rights of citizens. Analyzing the provisions and implementation of their laws, there is a very deep gap. This gap is getting smaller and deeper.

is a carrier of law change. The significance of the laws made remains only when it is fully implemented. It is difficult to say that the law is alive if the law remains a golden letter on paper and citizens have to live their lives. Therefore, building a prosperous society by fully implementing fundamental rights has become a major challenge today.

दुर्गा कँडेल (छत्कुली) कँडेल राष्ट्रिय वाणिज्य बैंककी उपकार्यकारी अधिकृत हुन्

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