समूहका हक र संवैधानिक उपचार (धारा ३८–४६)
महिलाको हक (३८), बालबालिकाको हक (३९), दलितको हक (४०), ज्येष्ठ नागरिकको हक (४१), सामाजिक न्यायको हक (४२), सामाजिक सुरक्षाको हक (४३), उपभोक्ताको हक (४४), निर्वासनविरुद्धको हक (४५), र संवैधानिक उपचारको हक (४६) — जसले अन्य सबै हकलाई कार्यान्वयनयोग्य बनाउँछ।
Protecting Specific Groups — and Enforcing All Rights
The Constitution gives special protection to groups that have historically faced disadvantage, and ends the list with the right that makes every other right enforceable.
- Article 38 — Rights of Women. Equal lineage rights without gender discrimination; the right to safe motherhood and reproductive health; the right against all forms of violence; and the right to participation in State bodies on the basis of proportional inclusion.
- Article 39 — Rights of Child. The right to a name and birth registration, to education, health, nurturing, and protection from child labour, marriage and abuse.
- Article 40 — Rights of Dalit. The right to participation in State bodies on the principle of proportional inclusion, with special provisions in education, health, housing, employment and more.
- Article 41 — Rights of Senior Citizens. Senior citizens have the right to special protection and social security from the State.
- Article 42 — Right to Social Justice. Socially and economically backward groups have the right to participate in State bodies on the basis of inclusion.
- Article 43 — Right to Social Security. Indigent, incapacitated, helpless, and vulnerable citizens have the right to social security.
- Article 44 — Rights of Consumer. Every consumer has the right to quality goods and services, and to compensation for harm from substandard ones.
- Article 45 — Right against Exile. No citizen may be exiled from Nepal.
- Article 46 — Right to Constitutional Remedies. Every citizen has the right to approach the courts to enforce the rights in this Part — the "guarantor" of all the others.
Without Article 46, the other 30 rights would be promises with no enforcement. It is the mechanism that lets a citizen hold the State to the Constitution.
Source: Constitution of Nepal, Articles 38–46 (Nepal Law Commission).
