Article 24 Part 3 – Fundamental Rights and Duties

Article 24 – Right against untouchability and discrimination

(1)

No person shall be treated with any kind of untouchability or discrimination in any private or public place on grounds of caste, ethnicity, origin, community, occupation, or physical condition.

(2)

No person belonging to a particular caste or ethnicity shall be prevented from buying an object or getting services or facilities in the process of production of such objects or in the distribution or delivery of services, or no such objects shall be sold to, or facilities or services distributed or delivered to persons belonging to a particular caste or ethnicity only.

(3)

Racial discriminations shall not be encouraged in any way, or there shall not be any behavioral attitude to exhibit high or low status on grounds of a particular caste, ethnicity or community, or physical condition of a person, or there shall not be any behavioral attitude that justifies social discrimination based on caste, ethnicity, or untouchability, or encouragement for the propagation of attitudes based on caste superiority and untouchability, or hatred.

(4)

There shall not be any racial discrimination in the workplace by indulging or not indulging in untouchability.

(5)

All forms of untouchability or discrimination contrary to this provision shall be punishable by law as a serious social crime, and the victim of such an act shall have the right to compensation as provided for by law.

Legal Insights & Jurisprudence

Constitutional Analysis & Interpretation

Constitutional Domain: Fundamental Rights, Human Dignity & Civic Duties Core Doctrine: Justiciability of Rights, Social Justice & Proportional Inclusivity Rule of Law & Statutory Compliance

1. Doctrinal Concept & Legal Meaning

Article 24 operates as an integral component of Fundamental Rights, Human Dignity & Civic Duties within the constitutional architecture of Nepal. This provision sets forth precise normative standards and operational boundaries governing Article 24 – Right against untouchability and discrimination. Under constitutional jurisprudence, the terms of this article ensure that all exercising state authority remain subject to defined legal procedures, mitigating administrative arbitrariness and reinforcing the supremacy of the Constitution. From a doctrinal perspective, the rights and obligations codified here are grounded in Justiciability of Rights, Social Justice & Proportional Inclusivity. The article structures executive and administrative authority, harmonizing federal democratic norms with practical statecraft. It establishes clear guidelines for implementation, mandating that enabling legislation and institutional actions conform to the overarching ethos of the 2015 Constitution.

2. Purpose & Constitutional Significance

The primary constitutional intent behind Article 24 is to Insulate individuals against state excess while establishing enforceable economic, social, and cultural claims. Prior to the promulgation of the 2015 Constitution, regulatory ambiguity frequently led to jurisdictional friction and discretionary overreach. By detailing these provisions within the permanent text of the Constitution, the Constituent Assembly insulated these governance standards against political vicissitudes, fostering institutional durability and democratic predictability.

3. Judicial Precedents & Court Practice

In judicial practice, the Supreme Court of Nepal frequently examines provisions related to Fundamental Rights, Human Dignity & Civic Duties when adjudicating public law challenges, writ petitions, and constitutional interpretation matters. The courts emphasize that Enforced dynamically via Supreme Court writ jurisdiction, binding the state to implement rights without delay. Any administrative order, discretionary directive, or subordinate legislation in contravention of this article remains vulnerable to judicial scrutiny and nullification under Articles 133 and 137.

4. Related Constitutional & Legal Provisions

Fundamental Rights Implementation Acts, 2018
Civil Code, 2017
Penal Code, 2017
Constitution of Nepal, Article 24
Judicial Administration Act, 2016