Article 16 Part 3 – Fundamental Rights and Duties

Article 16 – Right to live with dignity

(1)

Each person shall have the right to live with dignity.

(2)

No law shall be made for capital punishment.

Legal Insights & Jurisprudence

Constitutional Analysis & Interpretation

Right to Live with Dignity Abolition of Capital Punishment Inviolability of Human Dignity

1. Doctrinal Concept & Legal Meaning

Article 16 guarantees every person the fundamental right to live with dignity. Clause (2) unconditionally prohibits the enactment of laws imposing capital punishment. The right encompasses not merely physical survival, but a qualitative existence imbued with dignity, safety, and human decency.

2. Purpose & Constitutional Significance

Fulfills Nepal's international commitments under the Second Optional Protocol to the ICCPR, cementing Nepal's status as an abolitionist nation dedicated to human rights.

3. Judicial Precedents & Court Practice

The Supreme Court consistently interprets Article 16 to encompass prison reforms, humane custody conditions, emergency healthcare access, and social welfare support as vital dimensions of dignified existence.

4. Related Constitutional & Legal Provisions

National Penal Code, 2017
Prisons Act, 2022
Anti-Torture and Cruel Treatment Frameworks