Press freedom and Constitution of Kingdom of Nepal 1990

1.    Right to Freedom: (Article 12 of part 3 of constitution 2047 BS)

(1) No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.

(2) All citizens shall have the following freedoms:

(a) Freedom of opinion and expression;

(b) Freedom to assemble peaceably and without arms;

(c) Freedom to form unions and associations;

(d) Freedom to move throughout the Kingdom and reside in any part thereof; and

(e) Freedom to practice any profession, or to carry on any occupation, industry, or trade.

Provided that -

(1) Nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behavior or morality;

(2) Nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act, which may undermine the sovereignty, integrity or law and order situation of the Kingdom of Nepal;

(3) Nothing in sub-clause (c) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act, which may undermine the sovereignty and integrity of the Kingdom of Nepal, which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, which may instigate violence, or which may be contrary to public morality;

(4) Nothing in sub-clause (d) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act, which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities;

(5) Nothing in sub-clause (e) shall be deemed to prevent the making of laws to impose restriction on any act which may be contrary to public health or morality, to confer on the State the exclusive right to undertake specified industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.

2.         Press and publication right :( Article 13 of part 3 of constitution 2047)

(1) No news item, article or any other reading material shall be censored.

Provided that nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act against which may be contrary to decent public behavior or morality.

(2) No press shall be closed or seized for printing any news item, article or other reading material.

 3) The registration of a newspaper or periodical shall not be canceled merely for publishing any news item, article or other reading material

3.         Right to Information: (Article 16 of part 3 of constitution 2047)

Every citizen shall have the right to demand and receive information on any matter of public importance; Provided that nothing in this Article shall compel any person to provide information on any matter about which secrecy is to be maintained by law.

4.         Right to Privacy: (Article 22 of part 3 of constitution 2047)

Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone, is inviolable.

4.         Right to Constitutional Remedy: (Article 23 of part 3 of constitution 2047)

The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed. However, the article 115 has given the right to impose emergency in crisis situation but the government of Nepal has been misusing and misinterpretation it from time to time after the first emergency imposed in 2001. Our constitution clearly states that "if a grave emergency arises in regard to the sovereignty or integrity of the kingdom of Nepal or the security of any part there of, whether by war or disarray, his Majesty may, by proclamation, declare or order a state of emergency in respect of the whole of the kingdom of Nepal or of any specified part thereof."