Book

Description

This case study discusses the protection of fundamental rights guaranteed by the Constitution of Nepal, 2015 by the Supreme Court of Nepal. The study analysed 12 landmark Supreme Court decisions delivered between 2016 and 2023 and also examined the Supreme Court’s annual data on writ petitions relating to fundamental rights. The Constitution of Nepal, 2015 has guaranteed 31 fundamental rights in Articles 16 to 46 such as right to life, equality, freedom, social justice, health, education, environment and privacy. As per data available from the Supreme Court, 13,030 writ petitions invoking fundamental rights were filed between 2016 and 2023 and 11,530 of them have been disposed of. In 64 percent of the cases that the court ruled on, it found a rights violation or issued protective orders. The 12 landmark decisions selected for detailed study demonstrate how the court has expanded rights in areas including citizenship, gender equality, environmental protection, LGBTI rights, caste discrimination, privacy and reproductive health. But enforcement of court orders is still weak. Only 41% of Supreme Court directions in fundamental rights cases were fully implemented within a year, according to a monitoring report. The study concludes that the Supreme Court has played a strong role in safeguarding fundamental rights, but the mechanisms for implementation need to be strengthened. Recommendations are made for government, judiciary, civil society and future researchers. Keywords: fundamental rights, Constitution of Nepal 2015, Supreme Court, landmark decisions, judicial protection