International Human Rights Day is celebrated on December 10, the day the Universal Declaration of Human Rights was adopted, under which various programs were also held in Nepal. On the 77th anniversary of the Declaration, Nepal has ensured various rights to its citizens in various laws including the Constitution. In this article, I have tried to analyze the status of guaranteeing and ensuring those rights through the eyes of a Gen-G.

Human Rights Situation in the Protests 

Amnesty International has released a report titled ‘We Went There to Raise Our Voice, Not to Kill’ on human rights violations during the Gen-G People’s Movement on 23 and 24 Bhadra. The report concludes that the use of unnecessary and excessive force, including lethal weapons, in controlling the Gen-G demonstration in Kathmandu on 23 Bhadra was a serious violation of international human rights law. When the Constitution of Nepal clearly provides for the right to freedom of peaceful assembly without weapons, using excessive force to suppress is not only condemnable but also a crime. 

The Seven Years Revolution in Nepal put an end to the 104-year-old Rana regime. Since then, in the 75-year history of the country, there have been many violent movements against the government, including the student movement, the first and second people’s movement, the Madhesh movement, the Tharu movement, the Gen-G movement. The government changes, the system changes, but the provisions of the Local Administration Act, 2028, which contains provisions on crowd control during the movement, do not change.

Even that provision is not followed. There is hardly any movement in which there are no reports that the police used unreasonable force in the movement. Even the Police Act is silent on the extent of force that the police can use. Therefore, it is necessary to issue separate, decisive, clear and unambiguous guidelines and procedures in accordance with the standards of international human rights law on crowd management, control and use of force.

Not only in the incidents of 24 Bhadra, but also in the incidents of 23 Bhadra, all those who violated human rights should be punished as soon as possible according to the law, and a 'precedent' should be established for future movements. Impunity should not and cannot be encouraged.

Fundamental rights and implementation 

The Constitution of Nepal, which provides 31 fundamental rights, is one of the best constitutions in South Asia. However, the implementation of those provisions to guarantee these rights is weak. Although Article 16 of the Constitution provides the right to live with dignity, according to the National Statistics Department, 20.27 percent of the population is below the poverty line.

Although Article 17 provides for the right to freedom, there are ample examples of excessive force being used during peaceful assembly. Article 18 provides for the right to equality for every citizen, but according to the Nepal Country Inequality Report (CIR, 2025), there is widespread economic, political and social inequality in Nepal, especially in the areas of education, health, politics, economy and food.

Similarly, Harikrishna Karki's report has pointed out that there are various policy, legal, structural, operational and environmental problems due to distortions, inconsistencies, irregularities, corruption and middlemen in the judiciary, the 'prime' body of the right to justice provided for in Article 20.

The advocacy that although the incidence of torture in Nepal has gradually decreased since 2011, the rate of torture remains high, as shown by the report titled 'Torture in Nepal in 2019', is contrary to the right against torture provided for in Article 22. The United Nations' 'Report on the Perceptions of Communities on Harmful Customs and Traditions Practiced in Nepal' shows that the aforementioned caste discrimination and belief in untouchability (particularly prevalent in Karnali and the Far West) are in direct violation of the right against untouchability and discrimination under Article 24. 

Although Article 26 provides for the freedom to profess and practice one's religion, clashes have occurred between Hindus and Muslims in the Terai, especially during festivals. According to the 'Global Slavery Index (2023)' published by the Walk-Free Foundation, Nepal ranks 121st out of 160 countries, with 97,000 of the total population in modern slavery, which is contrary to the right against exploitation provided for in Article 29.

Although Article 30 ensures the right to a clean environment, the capital Kathmandu is among the top polluted cities in the world with an AQI level of 166. According to the report of the High-Level National Education Commission, 2075, although the Constitution provides for the right to education in Article 31, Nepal has not been able to ensure satisfactory access to education and quality education for children of special target groups. Although Article 33 provides for the right to employment with unemployment assistance, the Nepal Labor Survey, 2075 showed a total unemployment rate of 11.4 percent in Nepal. Similarly, despite the right to basic health in Article 35, the indicator of universal health access in Nepal is only about 50 percent.

Amnesty International's report titled 'No Where to Go: Forced Evictions in Nepal' has concluded that the government has not been able to ensure the right to housing as per Article 37. The report of the Women, Law and Development Forum has revealed that women, as per Article 38, have not been implemented in practice in terms of equal rights to hereditary property as per men. The National Council on the Rights of the Child's 'National Report on Children' states that ensuring the rights of children in need of special protection, child labor, child marriage, violence against children, sexual abuse and discrimination, and illegal trafficking are challenges that exist in violation of the rights of children under Article 39.

The National Human Rights Commission's 'Report on the Status of Human Rights of Dalit Communities' states that Dalits are socially excluded due to their weak social, economic, and political status, contrary to the rights of Dalits under Article 40, and that discrimination and untouchability-related discrimination and bad customs are still practiced in society. Similarly, although Article 42 ensures the right to social justice, the Social Audit Report of the Women, Law, and Development Forum states that the protection of the rights of women, children, adolescents, senior citizens, the disabled, and citizens in vulnerable groups is still weak.

Conclusion 

Overall, various national, international, and civil society reports show that the practice of fundamental rights provided by the Constitution has not been as envisioned. Since the implementation of some human rights is possible only through the government's 'positive action', it is imperative for the government to take the necessary initiative as soon as possible.