Home Assignment

Submitted to :

Ramji Adhikari 1
Submitted by:
Lecturer, SDSE Sagar Sunuwar
Pokhara University
 Questions Page Number

1.Define civil and political right. Briefly discuss about the 3

human right issues of children and migrant workers of abroad
from Nepal.

2.Critically analyse the current provisions of fundamental 6

rights in the constitution of Nepal. Do you think that some
additional provisions are required? Present your arguments.

3.Mention about the structure and functions of National Human 12

Right Commission of Nepal.

4.Explain the major outputs of Geneva Conventions. 14

5.Explain about the forms of discrimination in Nepalese society. 15

Also discuss on the principles of non-discrimination.

6.What do you mean by social exclusion? Do you agree with the 17

current policies of social inclusion of Nepal? Critically discuss.

7.Nepal is signatory member of CEDAW, but we commonly 19

hear the news about discrimination and violation against
women and girls. What policy measures can we adopt to have
equity and equality in gender? Present your views with
practical ideas.

8.Discuss on the current endeavors of International Red Cross 21

Society for the implementation of international humanitarian
law with its major principles.

9.Define social justice. Show the relation between social justice 25

and human right. Highlight the role of youths for social justice
in Nepal.

10.List out the major social, political and economic changes in 28

Nepal after the mass movement-II. Are you satisfied with such
changes or need some efforts from the level of citizens, civil
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 society and the students like you? Present your views.

1.Define civil and political right. Briefly discuss about the human
right issues of children and migrant workers of abroad from Nepal.
Civil Rights
These are the rights that every person should have regardless of his or her sex, race
or religion. These are the rights of personal liberty guaranteed to the citizen of any
country by the constitutions of that
country. These rights are an expensive and significant set of rights that are
designed to protect individuals from unfair treatment. These rights are the rights of
individuals which help them to receive equal treatment in a number of settings
like-education, employment,housing, etc
Some Civil Rights are:
1.Right to life
2. Freedom from torture or cruel, inhumane or degrading treatment or punishment.
3.Freedom from slavery,slave trade or forced labor.
4.Right to liberty and security of the person.
5.Right of detained person to humane treatment.
6.Right to freedom from imprisonment for inability to fulfill a contractual
obligation.
7.Right to freedom of movement and choice of residence.
8.Right of aliens to due process when expelled.
9.Right to equality before the law.
10.Right to visa-vis no crime without law.
11.Right to recognized as a person.
12.Right to privacy.
13.Right to freedom of though and expression.
14.Right to hold and express opinions without interference.
15.Right to peaceful assembly.
16. Right to freedom of association.
17.Right of men and women to marry.
18.Right of the child to be treated as a part of the family,society and state.
12.Right and opportunity of every citizen to take part in public affairs directly or
through his representative.
13.Right to equality before the law.

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 Political Rights:
It refers to an individual's ability to participate in the civil and political life of the
society and state without any discrimination and is tied closely to citizenship
status. These are the rights that are exercised in the formation and administration of
a government given to the citizen by the constitution for administration and
political participation.

Some Examples of Political Rights:

1. Right to vote
2. Right to get elected
3. Right to hold public offices
4. Right to petition
5. Right to form political parties
6. Right to criticize
7. Right to oppose the government 

Issue of Migrant Workers Abroad in Nepal:

Migrant workers refers to a person who is to be engaged, is engaged or has been

engaged in a remunerated activity in a country of which he or she is not a
national.

1. Discrimination and Abusement

Nepali migrant workers are facing some sort of discrimination in their
workplace. They have been abused verbally with words like “Bahadur”.
In some countries, they have been beaten for just being Nepali. In this
growing tension between Nepal and India, Nepalese migrant worker in
India are facing discrimination and abuse from Indians.
2. Unequal Payment
Nepali Migrant workers in the abroad do not get salary according to their
skills or work. Their salaries have been compromised because they are
Nepali.
3. Working in a Bad condition
Most of the Nepalese migrant workers are working in bad conditions and
unhygienic places. It has been reported that Nepalese migrant workers are
living in a room with other partners crossing the limit of room capacity.
4. Lack of Access to Medical Facilities

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 Migrant workers get injured during their work. It is found that they have
been medically treated badly. Due to this reason many Nepalese migrant
workers come to Nepal for treatment. In this COVID-19 pandemic,
Nepalese migrant workers are either neglected or treated badly by their
host countries. They have been thrown out of the Quarantines or not given
enough medicines or treatment.
5. Forced and Bonded Labor
In some of the News report, it has been revealed that Nepalese workers
when they go to host countries their passports are being taken from their
employers and they are forced to work until the date of agreement. During
this time, they are being treated badly and are not given salary.
6. Sexual Harassment and Exploitation
Like Nepalese men, Nepalese women are also interested in labor
migration. But when they arrive at host countries they are sexually
harassed or exploited. In some of the news, they have become pregnant
because of rape by their employers and are forced to go back in Nepal.
7. Unfair justice and Punishment
Some of the Nepalese migrant workers who unknowingly or accidently
did any crime or accidents have become the victim of unfair justice and
punishment. Some of Nepalese migrant workers have been given death
punishment whereas some of them have been deported or sent to jail.

Nepalese migrant workers are suffering from many problems and issues.
Government is the parent of migrant workers and being parent, it is the
responsibility of the government towards migrant workers to protect them
and solve their issues through diplomatically.

Human Rights issues of Children

Children have two types of human rights under international human rights law:
1. They have the same fundamental general human rights as adults except
some human rights, such as the right to marry.
2.  They have special human rights that are necessary to protect them during
their minority.
United Nations educational guides for children classify the rights outlined in
the Convention of the Child Rights as the "3 Ps": Provision, Protection, and
Participation. They may be elaborated as follows:

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  Provision: Children have the right to have an adequate standard living,
health care, education and services, and to play and recreation.These include
a balance diet, a warm bed to sleep in, and access to schooling.
 Protection: Children have the right to protection from abuse, neglect,
exploitation and discrimination. This includes the right to safe places for
children to play; constructive child rearing behavior, and acknowledgment of
the evolving capacities of children.
 Participation: Children have the right to participate in communities and
have programs and services for themselves. This includes children's
involvement in libraries and community programs, youth voices activities, and
involving children as decision-makers.
In a similar fashion, the Child Rights International Network (CRIN) categorizes
rights into two groups:

 Economic, social and cultural rights, related to the conditions necessary to

meet basic human needs such as food, shelter, education, health care, and
gainful employment. Included are rights to education, adequate housing, food,
water, the highest attainable standard of health, the right to work and rights at
work, as well as the Cultural rights of minorities and indigenous peoples.
 Environmental, cultural and developmental rights, which are sometimes
called third genderation rights and including the right to live in safe and healthy
environments and that groups of people have the right to cultural, political, and
economic development.

2.Critically analyse the current provisions of fundamental rights in

the constitution of Nepal. Do you think that some additional
provisions are required? Present your arguments.
Fundamental rights are the basic human rights of all the citizens. The
fundamental rights guaranteed by the Constitution of Nepal are given below:

1. Right to live with dignity (Article 16)

Every Nepalese people has right to live as a human being with all dignity and
respect. No one has the right to interfere or destroy his/her dignity

2. Right to freedom (17)

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 Every Nepalese people are free from birth to death. No one has allowed to take
Nepalese people as a slave.

3. Right to equality (18)

Everyone is equal according to the constitution. No one must be discriminated on

the basis of the sex, race, religion,caste and other man made or biological
construction.

4. Right to communication (19)

Everyone has right to freedom of opinion and expression, democratic media

governance, media ownership and media control, participation in one's own
culture, linguistic rights, rights to education, privacy, assemble, and self-
determination. No one must be excluded from the means of communication

5. Right to Justice (20)

Everyone has the right to access to justice and no one shall be excluded from the
justice.

6. Right of a victim of a crime (21)

Right of a victim of a crime are legal rights afforded to victims of crime. These

may include the right to restitution, the right to a victim’s advocate, the right not to
be excluded from criminal’s justice proceedings, and the right to speak at criminal
justice proceedings

7. Right against torment (22)

In the prison or detention, prisoner or detainee must not be tormented either by

physically, mentally or emotionally.

8. Right against preventive detention (23)

 No person will be held under preventive detention unless there is a sufficient
ground of the existence of an immediate threat to the sovereignty, territorial
integrity or public peace and order of Nepal.

9. Right against untouchability and discrimination (24)

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 No person shall be subjected to any form of untouchability or discrimination in any
private and public
places on grounds of his or her origin, caste, tribe, community, profession,
occupation or physical condition.

10. Right to Property (25)

11. Every citizen shall, subject to law, have the right to acquire, own, sell,
dispose, acquire business profits from, and otherwise deal with, property.
12. Right to religious freedom (26)

Every person who has faith in religion shall have the freedom to profess, practice
and protect his or her religion according to his or her conviction.

13. Right to information (27)

Every citizen shall have the right to demand and receive information on any matter
of his or her interest or of public interest.

14. Right to privacy (28)

The privacy of any person, his or her residence, property, document, data,
correspondence and matters relating to his or her character shall,
except in accordance with law, be inviolable.

15. Right against exploitation (29)

No person shall be exploited in any manner on the grounds of religion, custom,

tradition, usage, practice or on any other grounds.

16. Right to clean environment (30)

Every citizen shall have the right to live in a

clean and healthy environment.

17. Right to education (31)

Every citizen shall have the right to get compulsory and free education up to the
basic level and free education up to the secondary level from the State.

18. Right to language and culture (32)

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 Every person and community shall have the
right to use their languages, participate in the cultural life of their communities,
preserve and promote its language, script, culture, cultural civilization and
heritage.

19. Right to employment (33)

Every citizen shall have the right to have and choose employment.

20. Right to labour (34)

 Every labourer shall have the right to participate in labor, appropriate
remuneration,
facilities and contributory social security and form and join trade unions and to
engage in collective bargaining, in accordance with law.

21. Right to health (35)

Every citizen shall have the right to free basic health services from the State, equal
access to health services, access to clean drinking water and sanitation and no one
shall be deprived of emergency health services. Every person shall have the right
to get information about his or her medical treatment.

22. Right to food (36)

Every citizen shall have the right relating to food. Every citizen shall have the
right to be safe from the state of being in danger of life from the scarcity of food.

23. Right to shelter (37

Every citizen shall have the right to an appropriate housing. No citizen shall be
evicted from the residence owned by him or her nor shall his or her residence be
infringed except in accordance with law.

24. Right of women (38)

25. Every woman shall have equal lineage right without gender
based discrimination, safe motherhood and reproductive health, and participate in
decision making bodies. No woman shall be subjected to physical, mental, sexual,
psychological or other form of violence or exploitation on grounds of religion,
social, cultural tradition, practice or on any other grounds.

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26. Right of children (39)
27. Every child shall have the right to name and birth
registration along with his or her identity, education, health, maintenance,
proper care, sports, entertainment and overall personality development from the
families and the State, right to elementary child development and
child participation. No child shall be employed to work in any factory, mine or
engaged
in similar other hazardous work, subjected to child marriage, transported illegally,
abducted/kidnapped or taken in hostage, recruited or used in army, police or any
armed
group, or be subjected, in the name of cultural or religious traditions, to abuse,
exclusion or physical, mental, sexual or other form of exploitation or improper use
by any means or in any manner, subjected to physical, mental or any other form of
torture in home, school or other place and situation whatsoever.
28. Right of dalit (40)
The Dalit shall have the right to participate in all bodies of the
State on the basis of the principle of proportional inclusion. Special provision shall
be made by law for the empowerment, representation and participation of the Dalit
community in public services as well as other sectors of employment, Provision of
free education with scholarship, from primary to higher education, shall be made
by law for the Dalit students.

29. Right of senior citizen (41)

The senior citizens shall have the right to special protection and social security
from the State.

30. Right to social justice (42)

 The socially backward women, Dalit, indigenous people, indigenous nationalities,
Madhesi, Tharu, minorities, persons with disabilities, marginalized communities,
Muslims, backward classes, gender and sexual minorities, youths, farmers,
labourers, oppressed or citizens of backward regions and indigent Khas Aryashall
have the right to participate in the State bodies on the basis of inclusive principle.

31. Right to social security (43)

The indigent citizens, incapacitated and helpless citizens, helpless single women,
citizens with disabilities, children, citizens who cannot take care themselves and

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 citizens belonging to the tribes on the verge of extinction shall have the right to
social security, in accordance with law.

32. Right of consumer (44)

Every consumer shall have the right to obtain quality goods and services .A person
who has suffered injury from any substandard goods or services shall have the
right to obtain compensation in accordance with law.

33. Right against banishment (45)

No citizen shall be exiled.

34. Right to constitutional remedies (46)

The Constitution of Nepal has solved some serious issues of Nepali societies
like caste based discrimination, gender based discrimination, etc. by providing
fundamental rights. But still it need some more extension. I have presented
some more rights to be included in the fundamental rights of the constitution:
a. Right of Migrant Workers
During this COVID-19 pandemic, migrant workers issues have
become the headlines of the newspapers. Many migrant workers had
suffered more than regular people. Regarding this the lawmaker must
make certain rights ensuring some relief for migrant workers. No one
can guarantee that in the future this type of crisis won’t come so it is
better that Right of Migrant workers must be included.
b. Right of Medical Staff
We all have seen in the news that whenever a patient is death less
likely by the mistake of the doctors and medical staff, they are more
likely beaten by family members and relatives. This thing must be
stop. The lawmaker must include this in the fundamental rights and a
strong punishment must be given to those who beat doctors and
medical staff.
c. Right of victims of Natural Disaster
In the news, we have seen that the flood and landslides has caused
death and loss of many properties. Victims of the natural disaster are

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 not given required relief by the State. The lawmakers must include
this right in the fundamental rights with provisions like the
government must compensate the victims.
d. Right of Entrepreneurs
This COVID-19 has hit economically from high class businessmen to
the local businessmen. Some businessmen who have taken loan from
the bank are near to the bankruptcy. The lawmakers must take action
and must include this right in the fundamental rights with provision
like clearance of debt and promotion of local business.
e. Right of Farmers
Farmers of Nepal have seen many problems. The crisis of Sallah has
destroy many crops. The lawmakers must include right of farmer in
the fundamental rights with provision like compensation to farmers,
establishing markets for the farmers and providing agricultural inputs
to the farmers.
f. Right of Teachers
Teachers are the one who teaches the builders of nation .i.e. Children
and Youth . It depends upon the teachers how their students are going
to be. During this COVID-19, teachers have also suffered as they
haven’t got any salaries. The law makers must include this right with
provision of pension for teachers of both private and community
schools and universities and also social security.
3.Mention about the structure and functions of National Human
Right Commission of Nepal.
The National Human Rights Commission was established as an independent
statutory body in 2000.It is a powerful constitutional body with a commensurate
mandate, competence and independence. The NHRCN was elevated to a
constitutional body by the Article 131 of the Interim Constitution of Nepal, 2007
and by Article 248 of the present Constitution of Nepal (2015). NHRC Nepal has
a separate sphere of responsibilities as mandated in the Constitution of Nepal.
These responsibilities complement the normal machinery of the Supreme Court,
Office of the Attorney General, and other existing judicial and quasi-judicial
bodies of Nepal. NHRCN submits its annual report of its functioning to the
President, and the President causes that report to be laid through the Prime
Minister before the Federal Parliament. The NHRCN motto, ‘Human rights for
all, at every household: basis of peace and development’ has set a new goal to
take human rights consciousness in every household.

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Structure of NHRC:
NHRC has 6 personnels: 1 Chairperson, 1 Secretary and 4 members.
Article 248 and 292 of Constitution of Nepal Provides that members of the
Constitutional Bodies (including the NHRCN) are appointed on the
recommendation of the Constitutional Council pursuant to Parliamentary hearing
conducted for their appointments.
The selection and appointment process is as follows:
 The Constitutional Council proposes the candidates on the basis of
prerequisite as specified in the article 248 clause 6 (a) to (f) that details the
minimum qualification and experience. Article 248 (6) provides a person
shall be eligible to be appointed as the Chairperson or a member of the
National Human Rights Commission if he or she possesses the following
qualification:
1. The Chairperson of NHRCN if he/she:
2. is a retired Chief Justice or retired Judge of the Supreme Court
3. having rendered outstanding contribution to the protection and
promotion of human rights or
4. being a renowned person having been active for at least twenty years in
and rendered outstanding contribution to the protection and promotion
of human rights or to various fields of national life,
 a member of NHRCN, if he or she:
1. is a person being involved in the field of the protection and promotion
of human rights or rights and interests of the child or
2. is a renowned person having been active for at least twenty years in and
rendered outstanding contribution to various fields of national life,
3. holding a bachelor's degree from a recognized university,
4. having attained the age of forty five years,
5. not being a member of any political party at the time of appointment,
6. being of high moral character.
 
The Constitution has laid down the high qualifications that the members are
required to have, to be eligible to be appointed to the Commission. Article 248 of
the Constitution of Nepal, has provisioned the following:
1. National Human Rights Commission, Nepal, consists of a Chairperson
and four full time remunerated members.
2. The President on the recommendation of the Constitutional Council
appoints the Chairperson and members.
3. The term of the office of the Chairperson and members of the NHRCN
is six years from the date of appointment.

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 4. The Chairperson and members appointed are not eligible for
reappointment.
 
Functions of NHRC:
 

1. Respect, Protect and Promote human rights and ensure effective

enforcement of human rights.
2. Inquire on on petition or complaint sent to the Commission and investigate
complaints about the violations of human rights of an individual or group and
make recommendation for action against the perpetrators.
3. Recommend to the concerned authority to take departmental action against
any official, who fails to fulfill or perform his or her responsibility or duty or
shows reluctance in preventing violations of human rights.
4. Recommend to file a case in the court in accordance with law against any
person or organization who has violated human rights.
5. Coordinate and collaborate with the civil society in order to enhance
awareness on human rights.
6. Carry out periodic reviews of the relevant laws relating to human rights and
make recommendation to the Government of Nepal for necessary improvements
and amendments to such laws.
7. Recommend Government of Nepal for the implementation of any
international treaty or agreement on human rights, to which Nepal is a party.
8. Publish, in accordance with law, the names of the officials, persons or
bodies who have failed to observe or implement any recommendations or
directives made or given by the Commission in relation to the violations of human
rights, and record them as violators of human rights.
4.Explain the major outputs of Geneva Conventions.
1.Outcomes of the First Geneva Convention
It was held on 22 August, 1864 for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field. The outcomes of the First
Geneva Convention are given below:
a. During war,Ambulances and hospitals are considered as neutral as long as they
accommodate wounded and sick.
b. During war,Medical staff like Doctors are be considered neutral on their duty.

c. Inhabitants of the country who bring help to the wounded have been respected
and remain free.
d. The treatments of wounded and sick are done without any discrimination.

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e. The symbol of Red Cross have been recognized as the means of identifying
ambulances, hospital and evacuation parties.
2. Outcomes of Second Geneva Convention
It was held in Geneva on 6 July 1906. It extended the principles from the First
Geneva Convention of 1864 on the treatment of battlefield casualties. With this
convention, the protection of wounded, sick and shipwrecked members of armed
forces at sea was regulated for the first time in Geneva Convention. The major
outcomes of Second Geneva Convention are given below:
a. All the parties have protected and cared for the wounded, sick and shipwrecked.
b. A warship cannot capture the hospital ships' staff but can hold the wounded, sick
and shipwrecked as the prisoners of war.
c. The neutral vessels are allowed to collect and care for the wounded, sick
and  shipwrecked.
d. The hospital ships are not used for any military purpose and they should not be
attacked or captured.
3. Outcomes of the Third Geneva Convention
It was signed in 1929. It contained 143 articles. The major outcomes of the Third
Geneva Conventions are given below:
a. The prisoner of the war are the responsibility of the state not the person who
capture them.
b. The prisoner of war have been treated humanely without any discrimination and
their medical needs must be met.
c. The prisoner are not tortured neither by physically nor mentally.
d. The prisoner of war are treated as follows:
i. Allowed to correspond regularly with relatives and to receive relief parcel.
ii. Allowed to keep their clothes, feeding utensils and personal effects.
iii. Supplied with adequate foods and clothing.
iv. Provided with quarters not inferior to those of their troops.
v. Paid for any work they do.
vi. Repatriated if seriously ill or wounded.
vii. Quickly released and repatriated when hostilities case.
5. Outcomes of the Fourth Geneva Convention: It was adopted in 1969.
Protected civilians are-
1. Treated humanely at all times and protected against acts or threats of violence,
insults and public curiosity.
2. Entitled to respect for their honour, family rights, religious convictions and
practices, and their manners and customs.
3. Specially protected, for example in safety zones if wounded, sick, old children
under 15, expectant mothers
4. Enabled to exchange family news of a personal kind.
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 5.Explain about the forms of discrimination in Nepalese society.
Also discuss on the principles of non-discrimination.
Discrimination means treating a person unfairly because of who they are or
because they possess certain characteristics. It is the unfair or prejudicial treatment
of people
or group based on characteristics such as race, age or sexual orientation.

Grounds of Discrimination:
1)     Race
2)     Color
3)     Ancestry
4)     National Origin
5)     Marital Status
6)     Religion
7)     Familial Status
8)     Age
9)     Sexual Orientation
Forms of Discrimination:
a. Racism
It is a belief that particular race is superior or inferior to another and a person's
social and moral traits are predetermined by his or her inborn biological
characteristics. It takes many forms and can happen in many places and includes
prejudice, discrimination or hatred directed at someone because of their color,
ethnicity or national origin. It includes all the barrier that prevent people from
enjoying dignity and equality because of their race. It hurts people freedom and
dignity.
b. Religion or belief discrimination
It is treating a person or group differently because of the particular beliefs which
they hold about a religion. It is related to the religious persecution. It can take
place in the form of harassment, direct discrimination. The societies where there is
Freedom of Religion, this type of discrimination is easily found.
c. Gender Discrimination
It is also known as sexism or sex discrimination. It is defined as the prejudice
based on the sex. According to CEDAW, gender discrimination is any distinction,
exclusion or restriction made on the basis of sex. In patriarchal society, women are
discriminated because they have female body.
d. Age Discrimination

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 It is also known as agism. It is a discrimination against individual or groups on the
basis of their age which may be casual or systematic. It includes the discriminatory
attitude towards older people, old age and aging process. In Nepal, old people are
discriminated by their own sons and daughter. They are not given appropriate care
and are forcefully sent to the old-age home.
e. Caste Discrimination
It is the discrimination based on the caste. In Nepal especially Dalits are called so
called lower caste and have been discriminated. It has existed from history to till
this date. The recent incident in Rukum where Dalits boys were killed by the
villages is one of the example of caste-based discrimination.
Principles of Non-Discrimination
It seeks to guarantee that human rights are exercised without distinction of any
kind based on race, color, sex, language, religion, political or other opinion. It
requires equal treatment of people irrespective of their particular characteristics
and is used to access neutral criteria that may produce effects which systematically
disadvantage persons possessing those characteristics. It is
based on the principle that discrimination is socially constructed rather than
neutral.
Non-Discrimination Principles:
1.     Self-Determination
2.     No one size fits all
3.     Equal opportunity
4.     Inclusion
5.     Integration
6.     Physical Access
7.     Equal Access
8.     Effective Communication

6.What do you mean by social exclusion? Do you agree with the

current policies of social inclusion of Nepal? Critically discuss.
Social Exclusion:
It is a multidimensional concept which refers to the deprivation in the economic,
social and political sphere. It is the process in which individuals are blocked or
denied to various rights, opportunities and resources that are normally available to
the every members of the society. It is a form of discrimination.
Three features of Social Exclusion:
1. It involves culturally defined social categories with socio-cultural stereotypes.
2. It is embedded in social relations.
3. It affects people's rights and entitlements.

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Symptoms of Social Exclusion:
1. Unequal access to resources.
2. Unequal participation
3. Denial of opportunities
Forms of Social Exclusion:
1. Political Exclusion:
It includes the denial of citizenship rights, political rights, basic rights, civil
liberties and equal opportunities.
2. Economic Exclusion
It includes lack of access of labor markets, credit and the other forms of capital
assets.
3. Social Exclusion
It includes the gender, ethnicity and age exclusion.
4. Cultural Exclusion:
It refers to the extent to which diverse values, norms and ways of living are
accepted and respected.
Social Inclusion Practices in Nepal:
1. Constitutional Arrangements
Constitution of Kingdom of Nepal, 1990 has principally accepted inclusive
governance and it was not realized until the promulgation of Interim Constitution
in Nepal 2007. Interim Constitution of Nepal adopted the proportionate
inclusiveness for disadvantaged and oppressed group and it was materialized in the
Constituent Assembly of Nepal 2008. It had also extended the fundamental rights
of the citizen by including the rights of women, right of children, right to social
justice and so on. The sense of social inclusion has been further intensified the
Constitution of Nepal-2072. It has included the provision of acquiring citizenship
from the name of mother. It has increased the number of fundamental rights to 31
in number and some of the included fundamental rights are- right to language and
culture, right of Dalits, right of senior citizens. Constitution of Nepal has provision
of constitutional bodies like National Women Commission, National Dalit
Commission, National Inclusion Commission, Madhesi Commission, Adhibasi
Janjati Commission, Muslim Commission, etc. Article 84 of the constitution has
ensured at least 33% of the women's participation in Federal Parliament and
Provincial Parliament. Article 215 and 222 has ensured the representation of
women, Dalit or minority group in the State mechanism.
2. Institutional Arrangement
Several initiatives have been taken by the government to mainstream inclusion
through the arrangement of different institutions. Government set the Ministry of
Women, Child and Social Welfare in 1992. After 2 years, National Committee for
Development of Marginalized, Oppressed and Dalit Class was established.
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National Dalit Commission and National Women Commission have also been
established in 2002 AD . After the popular People's Movement II, the government
commissioned a high level Committee on Reservation to recommend appropriate
policy, mechanism and procedures for effective enforcement of reservation system.
Following the recommendation of high level commission, the government brought
the reservation policy in 2007 for the inclusive representation of women, Dalits,
indigenous people, backward community and people with disability.
3. Bureaucratic Arrangement
The amendment of Civil Services Act in 2007 has ensured the representation of
marginalized and excluded group in the State mechanism. The Act after the
amendment has the provision of 45% reservation seats. Considering the vacant
posts as 100%, 45% is fulfilled through inclusive competition exam and the rest of
the 55% is fulfilled through open competition. Considering 45% as 100%, the
inclusion is done by :
a. Female- 33%
b. Indigenous group-27%
c. Madhesi-22%
d. Dalit-9%
e. Candidates with Physical Disability-5%
f. Backward Districts-4%
4.  Policy Arrangements
For the first time, the government of Nepal incorporated the policies and programs
targeting for the development of indigenous people, women, Madhesi, Dalits and
other marginalized and excluded communities in Ninth Five Year Plan. All
periodic plans since 2000 AD has prioritized social inclusion. Local Self
Governance Act 1999 had provision for mandatory representation of
disadvantaged groups in local bodies. The concept of Social Inclusion and
exclusion got concern in 10th Five Year Plan. 11th, 12th and 13th Three Year Plan
focused on Social Inclusion and Gender Equality. 14th Three Year Plan has
incorporated " Gender Equality, Inclusion and Mainstreaming" as  a separate
component of development.

I have very mixed type of view regarding the inclusion practices in Nepal. In some
cases like making reservation, ministries and institutions; I am satisfied with the
Government’s effort but in the case of implementation and removing the
stereotypes discrimination, I am still not satisfied. Government has done reform in
the state mechanism, policy and law but still government need to erase the
discrimination and exclusion from the mind of the people. The recent case of
Rukum mass murder by village, rape of women in Quarantine and increase in the

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domestic violence. These recent incident shows that government is still far behind
implementing social inclusion successfully.

7.Nepal is signatory member of CEDAW, but we commonly hear the

news about discrimination and violation against women and girls.
What policy measures can we adopt to have equity and equality in
gender? Present your views with practical ideas.
The Government of Nepal ratified CEDAW on 22 April 19991. From that day,
Nepal has committed to fulfill the treaty of CEDAW in order to eliminate all forms
of violence against women. Yet, the government is still lacking behind to control
the violence against women. There are commonly news about the discrimination
and violence against women. For eg: During this COVID-19 Pandemic, a woman
was raped in quarantine. In my view, the following policy measures would be
effective to have equality and equity in gender:
a. Removing the Gender stereotypes from the society
In our society, we can see the gender stereotypes. Such stereotypes
includes women should cook, women should engage in household
works,etc. This type of stereotypes must be changed. A ethical type of
policy should be made which clearly forbids this type of gender
stereotypes.
b. Raising and Educating Child without Gender Difference
The socialization of gender starts from a very child period of a person.
A boy is raised differently whereas a girl is raised differently. In
school, the boy and girl are taught to maintain differences. So, this
type of gender differences seen in the very young age must be end. A
policy must be brought which clearly demands every child must be
raised without gender differences.
c. Making strict Provision on Domestic Violence
People learns when the example is set up. Domestic violence has been
one of the very serious gender based violence. The provision in
Domestic Violence Act has punishment of prison for just 2 or 3 years.
In order to control domestic violence, this provision must be made
very strict. The years of punishment must be extended and a trend of
boycotting families who have done domestic violence must be started.
d. Making Capital Punishment for Rape and Murder for dowry

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 In our country, rape and murder for dowry has been serious threat to
the gender equality and safety of women. Rape cases like Nirmala
Panta are not still solved. In Terai, the family is murdering women for
dowry. This type of act is continuously happening in our society. A
policy must be brough which legalizes the capital punishment for rape
and murder for dowry.
e. Economic package for Women
Women are discriminated and gender based violence arises as women
are lacking economically behind. Although government has provided
some economic incentives to women, there are still some loopholes
which needs to be watched. Every single women, divorced women
and victim of any crime should get economic incentive. They must be
provided with the means of resources through which they can earn
money for their livings.
f. Making a system which acts with a lightspeed in the case of gender
based violence
A system must be developed which acts very fast and effectively in
the case of gender based violence. The perpetrator of the violence
must be immediately captured. Yet in some cases due to the lack of
evidence the perpetrator easily escape from the charge so an effective
investigation is needed.

8.Discuss on the current endeavors of International Red

Cross Society for the implementation of international
humanitarian law with its major principles.
Jean Henri Dunant was a Swiss businessman, influenced by the horrific aftermath
of the battle of Solferino, founded the Red Cross Society in 1963 AD. He was
honored with the Nobel peace Prize in 1901 AD for all his good deeds throughout
the world. The International Federation of Red Cross and Red Crescent Societies
(IFRC) is the world’s largest humanitarian and development network, with
millions of volunteers in 190 member National Societies. They usually do work in
three key areas: Disaster response and recovery, development and promoting social
inclusion and peace.

Disaster response and recovery

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 Natural disasters have been increasing in number, scale and complexity. Red
Cross Society properly link humanitarian response to disaster preparedness and
risk reduction, as this saves lives, is cost-effective and builds resilience.
 Red Cross Red Crescent volunteers live in the communities they serve, and
are present before, during and after a crisis.
 They are the first to respond when disaster strikes and have the greatest
motivation in helping their community recover.
 Volunteers know best how to comfort and support the affected people,
because they are the affected people.
Development
 They are active in health (including extensive HIV/AIDS programming),
food security, water and sanitation.
 They deliver programming addressing the humanitarian consequences of
climate change, urbanization, violence and regular and irregular migration.
 They work in close collaboration with communities to support their capacity
building.
Promoting social inclusion and peace
 They promote the practical application of the Fundamental Principles.
 They support the integration of disadvantaged people into their
communities.
 Their volunteering and youth networks contribute to cross-generational
dialogue, bridge divides between religions and cultures, and quietly challenge
discrimination wherever it is encountered.
Works done by Nepal Red Cross Society in Nepal
The mission of the Nepal Red Cross is to relieve human suffering and to reduce
vulnerability through community participation and mobilization of an increased
number of volunteers, by expanding and strengthening the organizational structure
of the society and by building links with governmental and non-governmental
organizations.The Red Cross Society has a wide range of services, such as:
1.Providing food, clothes and other necessities for the disaster victims.
2.Rehabilitating refugees and the homeless people.
3.Conducting blood donation programs and providing blood for the sick and the
needy people from its blood bank.
4.Providing medical treatment for the injured and distributing medicines free of
cost.

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5.Conducting child health programs
6.Supplying clean drinking water to the people where it is lacking.
7.Running household management programs for women from remote villages.
8.Keeping the record of the missing people during wars.
9.Looking after physically challenged people.
10.Conducting rescue operations.
The further functions and objectives of NRCS are as follows:
1.To serve war-victims, both civilians and army personnel, in times of armed
conflict, and to work in the fields identified by the Geneva Conventions, including
Tracing, in times of peace.
2.To contribute to promoting and improving health condition, preventing of
diseases and reducing suffering.
3.To arrange for emergency relief services for disaster victims.
4.To organize Junior and Youth Red Cross as an integral part of Nepal Red Cross
Society and to conduct activities promoting their participation.
5.To promote the Fundamental Principles of the Red Cross Movement and
International Humanitarian Law with the objective of developing humanitarian
ideals.
6.To ensure respect for the International Humanitarian Law and protection of the
Red Cross Emblem.
7.To perform other functions of community development and public welfare.
Endeavors of Red Cross Society for the implementation of International
Humanitarian Principles
Principle of IHL :
1. Principle of Distinction:
It protect civilian population and civilian objects from the effects of military
operations. It demands the distinction between military combatants and civilians.
During war, Red Cross society evacuates the civilian and their properties from the
war zone.

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2. Principle of Proportionality
It limits and protects the potential harm to civilians caused by the military
advantage. It prohibits attacks which cause loss of civilian life, injury to civilians,
damage to civilian objects or combination of both. During war, Red Cross Society
makes sure that every civilians are protected. They inform the parties of war or
conflict about the civilian residents and also clearly warns not to attack them and
their properties.
3. Principle of Humane treatment
It demands that civilians should be treated humanely at all times. It prohibits
violence to life and person including cruel treatment and torture, taking hostages
and execution without regular trial against non-combatants. Civilians are entitled
to respect for their physical and mental integrity, their honor, family rights,
religious convictions and practices and their manners and customs. Red Cross
society humanely treats to the civilian people, victims of war and participants of
war irrespective of their sides. They also check the condition of prisoners and their
health.
4. Principle of Non-Discrimination:
It is the core principle of IHL. The treatment of prisoners of war, civilians and
wounded, sick or shipwrecked persons should be done without any discrimination
based on race, sex, nationality, religious belief or political opinion. Red Cross
Society is commonly known for treating humanely without distinction to prisoners
of war, civilians and wounded, sick or shipwrecked persons.
5. Principle of Military Necessity
It permits measures which are necessary to accomplish a legitimate military
purpose and are not prohibited by the IHL. In the case of an area conflict, the only
legitimate military purpose is to weaken the military capacity of the other parties.
6. Protection of attacks against sick, wounded and shipwrecked
All wounded and sick whether combatant or non combatant should be respected
and protected. All possible measures should be taken to search for and collect the
wounded and the sick. Red Cross Society protects the wounded and sick combatant
during the war in sea.
7. Prohibition on the infliction of unnecessary suffering

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 It prohibits the infliction of unnecessary suffering and superfluous injury. Under
this protection, even fighters who may be lawfully attacked are provided
protection. Red Cross Society checks the unnecessary torment given to the
prisoners of war. It clearly prohibits this type of torment and urges the party not to
commit such type of act.
8. Protections of detainees
Persons detained for reasons related to the conflict should have their life and
dignity protected. They are allowed as a minimum healthcare, food, hygiene,
appropriate shelter, minimal judicial guarantees, decent working condition,
freedom to practice their religion. Red Cross Society protects the detainees of
conflict and war. They check the necessary provisions made to the detainees.
9.Define social justice. Show the relation between social justice and
human right. Highlight the role of youths for social justice in Nepal.
Social Justice
It is a concept of fair and just relations between the individual and society as
measured by the distribution of wealth, opportunities for personal activity and
social privileges. It assigns the rights and duties in the institutions of the society
which enables people to receive the basic benefits and
burdens of cooperation.
Five Principles of Social Justice:

1. The poor should be placed at the center of development projects.

2. The institutions should be accountable for their actions.
3. The practice of development should be based on non-discrimination,
equity and inclusiveness.
4. Citizen participation and voices should be heard and linked with national
and international policy processes.
5. A linkage should be made between development and the legal
institutionalization processes and legal rights framework.

Importance of Social Justice:

1. It ensures that everyone gets the essentials for the good life.
2. It ensure everyone gets the adequate health care, education, food, etc.
3. It protects people from discrimination, disabled people.
4. It helps to promote economic equality.
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5. It helps to improve educational opportunities.
6. It helps to promote equality between men and women.

Relationship between Social Justice and Human Rights

Social Justice is a concept of fair and just relations between the individual and
society as measured by the distribution of wealth, opportunities for personal
activity and social privileges whereas human rights are the basic rights and ideas
that everyone should have rights. The relationship between social justice and
human rights can be explained through these points:
a. Promotion of Equality
Social justice and human rights have a shared goal .ie. human dignity
and equality for all. The issues that make social justice difficult to
achieve such as poverty, exclusion and discrimination are in direct
contradiction with human rights which apply to all individual
indiscriminately. Human rights can help to fight indignity. For eg:
Right to health should be secured for all as a part of respecting human
dignity.
b. Anti-Discrimination
Both Social justice and human rights doesn’t exist in those places
where there is discrimination. Bothe social justice and human rights
are anti-discrimination. Both argues that no one should be
discriminated and deprived from provision irrespective of caste,
gender, religion, race and other man made or biological constructions.
c. Welfare Systems
Human Rights and Social Justice argues for the welfare of the
humanity. Human rights argues that everyone should be treated
equally and must have the provision like everyone. Social justice also
argues that everyone should have provision of food, shelter, clothes
and other provision. Social justice also argues that the benefits of the
development must be reached to everyone.
d. Participation
Both human rights and social justice talks about the participation.
Human rights calls for the participation from the right to work
whereas social justice calls for the participation from every class of
society in order to make the better society.
e. Government’s Accountability

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 Both human rights and social justice calls for the government’s
accountability to make a better society. Human rights call for the
government’s action to implement and protect human rights of every
people whereas social justice calls the government’s for protecting
and providing provision to every class of the society.

Human rights and social justice are inter-related to each other. They not only share
some common points but they also can’t exist in the absence of another. In the
absence of human rights, there will be discrimination, increase in crime and
tyranny, in this case the social justice can’t exist. In the absence of social justice,
the existence of human rights is a complete waste.
Role of Youths in the Social Justice
Youths are the builder and pillar of the nations. Everywhere in the world, the
revolution has begun only with the help of youth. In Nepal, Rana regime was
overthrown with the help of youth, Panchayat rule was overthrown with the help of
youth. In order to bring social justice, the role of youth is inevitable. Youths can
help to bring the social just by following measures:
a. Generating Awareness
Most of the youths are educated and they know what is right and
wrong. They know who are vulnerable in the societies. They know
what things must be changed. They have a great passionate towards
any work and they can do that work. They can generate awareness to
the old class of the society, their parents, relatives and their societies.
b. Helping the vulnerable people
During this lockdown, we can see many youths engaged in social
services. Some are giving relief to the people, some are helping
people to go their home. During flood and landslide, they were the
one who helped victim people. Although, youths were from different
political parties or organizations, their works and contributions were
great. In future, they have the ability to help those kind of vulnerable
people.
c. Creating Change
Youths hold the power to create change. There might be social evils
like caste discrimination, dowry system, child labor, domestic
violence in the society. Various youth club are trying to solve these

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 problems. They are trying as they can do and are doing best. Hence,
youth holds the power to change.
d. Checking the Actions of Government
Youth can warn the government if the government is doing wrong
things. Various political parties youth wing always aware the action of
the government. Other youth organization also aware the government
about its actions. The recent “Enough is Enough” campaign launched
by the government to be responsible towards Covid-19 situation has
proved that youths are watching the government.
10.List out the major social, political and economic changes in Nepal
after the mass movement-II. Are you satisfied with such changes or
need some efforts from the level of citizens, civil society and the
students like you? Present your views.
The major social, political and economic changes in Nepal after the
Mass Movement II are given below:
e. Achievement of Republic Democracy in Nepal with no King.
f. Equal and fair representation of all people.
g. Commissions like Janjati , Dalit, Muslim, Madhesi were established
in order to promote inclusiveness.
Reservation system was adopted in which: Considering the vacant posts as 100%,
45% is fulfilled through inclusive competition exam and the rest of the 55% is
fulfilled through open competition. Considering 45% as 100%, the inclusion is
done by :
a. Female- 33%
b. Indigenous group-27%
c. Madhesi-22%
d. Dalit-9%
e. Candidates with Physical Disability-5%
f. Backward Districts-4%
d. Nepal adopted federalism in which Nepal was divided into 7 States.
e. Nepal conducted local level elections.
f. Nepal got its first Constitution made by the peoples leaders.
g. Declaration of Gender Based Violence Free Year.
h. Adoptation of Beijing Platform for Action (BPFA)

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I am not still completely satisfied with the changes. There are more changes
needed to be done. There is still existence of caste based discrimination, gender
based violence, corruption, people below poverty line,youth going for foreign
employment. All these issues are hinderance to the prosperous Nepal. It is not only
the duty of Government to solve these issues, the citizens, civil society and the
students like me have also the duty to solve these issues. An awareness is strongly
needed to tackle the social problems like caste discrimination and gender based
violence. These social problems can’t only be solved by the government, it needs
our actions too. People who are practicing such acts must be awared about the
consequences of their action. If they don’t obey then as a duty of the good citizen
we have to complaint to the police. The main duty of being citizen is to raise voice
against the injustice and crime. During this COVID-19 Pandemic, many people
especially migrant workers are suffering, as a good citizen we have to help them.
Changes don’t occur at a great amount in a less time, it occurs slowly.

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