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Nepal

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but security forces reportedly conducted arbitrary arrests during the year. The law gives chief district officers wide latitude to make arrests, and human rights groups contended that police abused their 24-hour detention authority by holding persons unlawfully, in some cases without proper access to counsel, food, and medicine, or in inadequate facilities.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Nepal Police is responsible for enforcing law and order across the country. The APF is responsible for combating terrorism, providing security during riots and public disturbances, assisting in natural disasters, and protecting vital infrastructure, public officials, and the borders. The Nepal Police and APF report to the Ministry of Home Affairs. The Nepali Army (NA) is responsible for external security and international peacekeeping, but also has some domestic security responsibilities such as disaster relief operations and nature conservation efforts. The NA reports to the Ministry of Defense. Civilian authorities maintained authority over the Nepal Police, APF, and Army.

The Nepal Police and APF each have a human rights section (HRS) and the NA has a human rights directorate (HRD). The NA HRD and Nepal Police HRS have independent investigative powers. The NA’s investigations were not fully transparent according to human rights NGOs.

In the local fiscal year 2017 to 2018, the Nepal Police HRS received 144 human rights violation complaints, for which 67 police personnel were punished. The Nepal Army HRD stated it received no complaints of human rights violations during the year. All security forces received human rights training prior to deployments on UN peacekeeping operations. The NA incorporated human rights training into professional military education, and conducted ongoing training in all units. Each brigade has a designated human rights officer, and divisions have larger human rights staff. At the Army headquarters, a brigadier general, who reports directly to the chief of staff, heads the HRD. Similarly, the Nepal Police and APF incorporated training on human rights into their overall training curricula for security forces. The APF and Nepal Police HRSs issued booklets outlining human rights best practices to most police officers, and mobile training teams reached remote areas of the country to instruct officers on human rights and democratic policing principles. The head of the Nepal Police Human Rights Cell credited this training with eliminating many of the minor human rights violations committed by untrained police personnel, including physical and verbal abuses, allowing her office to focus on serious cases when they arise. Nepal Police incorporated human rights into all levels of training, covering nearly 15,000 personnel during the year.

Lack of punishment or accountability for police abuses remained problems.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law stipulates that, except in cases involving suspected security and narcotics violations, or when the crime’s punishment would be more than three years’ imprisonment, authorities must obtain an arrest warrant and present the suspect to a court within 24 hours of arrest (not including travel time).

If the court upholds a detention, the law generally authorizes police to hold the suspect for up to 25 days to complete an investigation. In special cases (such as for suspected acts of corruption), a suspect can be held for up to six months. The constitution provides for access to a state-appointed lawyer or one of the detainee’s choice, even if charges have not been filed. Few detainees could afford their own lawyer, and the justice system does not receive sufficient funding to provide free and competent counsel to indigent defendants.

Detainees have the legal right to receive visits by family members, but family access to prisoners varied from prison to prison. Authorities routinely denied defense attorneys access to defendants in custody. While a system of bail exists, bonds are too expensive for most citizens. The accused have the option of posting bail in cash or mortgaging their property to the court. Unless prisoners are released on recognizance (no bail), no alternatives to the bail system exist to assure a defendant’s appearance in court.

Arbitrary Arrest: Human rights organization Informal Sector Service Center documented 84 incidents of arbitrary arrest as of June.

Pretrial Detention: Time served is credited to a prisoner’s sentence, but pretrial detention occasionally exceeded the length of the ultimate sentence following trial and conviction.

Under the Public Security Act, security forces may detain persons who allegedly threaten domestic security and tranquility, amicable relations with other countries, or relations between citizens of different castes or religious groups. The government may detain persons in preventive detention for as long as 12 months without charging them with a crime as long as the detention complies with the act’s requirements. The court does not have any substantive legal role in preventive detentions under the act.

Other laws, including the Public Offenses Act, permit detention without charge for as long as 25 days with extensions. This act covers crimes such as disturbing the peace, vandalism, rioting, and fighting. Human rights monitors expressed concern that the act vests too much discretionary power in local authorities.

According to human rights groups, in some cases detainees appeared before judicial authorities well after the legally mandated 24-hour limit, allegedly to allow injuries from police mistreatment to heal. AF estimated in a 2015 report–the most recent available–that 41 percent of detainees did not appear before judicial authorities within 24 hours of their arrests. THRDA stated police frequently circumvented the 24-hour requirement by registering the detainee’s name only when they were ready to produce the detainee before the court.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape, including marital rape, is illegal, with minimum prison sentences that vary between five and 15 years, depending on the victim’s age. The law also mandates five years’ additional imprisonment in the case of gang rape, rape of pregnant women, or rape of a woman with disabilities. The victim’s compensation depends on the degree of mental and physical abuse.

Police and the courts were responsive in most cases when rape was reported, although several high-profile cases highlighted the government’s failure to secure justice for victims of rape. On July 26, 13-year-old Nirmala Panta was raped and killed in Bhimdutta Municipality, Kanchanpur district. A government panel that reviewed the police response found that investigators acted with grave negligence and destroyed key evidence in the case. Human rights activists outside of Kathmandu expressed concern that police frequently refuse to register cases of gender-based violence, including occasionally rape cases. These groups report that police often prefer to use mediation rather than criminal investigation to resolve conflicts.

Domestic violence against women and girls remained a serious problem. NGOs reported that violence against women and girls, including early and forced marriage, was one of the major factors responsible for women’s relative poor health, livelihood insecurity, and inadequate social mobilization and contributed to intergenerational poverty. Additionally, the practice of early and forced marriage, which remained prevalent, limited girls’ access to education and increased their susceptibility to domestic violence and sexual abuse, including sex trafficking. The 2009 Domestic Violence (Crime and Punishment) Act allows for settling complaints of domestic violence through mediation with an emphasis on reconciliation. Authorities usually pursued prosecution under the act only when mediation failed.

The Nepal Police had women’s cells staffed by female officers in each of the country’s 77 districts to make it easier for women and girls to report crimes to police. According to the Women and Children Service Directorate, many women’s cells were not fully operational, but the Nepal Police, with assistance from foreign governments and NGOs, endeavored to build and improve their infrastructure and capacity. NGOs stated that despite improvements, resources and training to deal with victims of domestic violence and trafficking were insufficient. Although police guidelines call on officers to treat domestic violence as a criminal offense, this guidance was difficult to implement outside of the women’s cells due to entrenched discriminatory attitudes.

The government maintained service centers in 17 districts, rehabilitation centers in eight districts, and hospital-based one-stop crisis management centers in 17 districts to provide treatment, protection, and psychosocial and legal support for survivors of gender-based violence. Gender experts said the service centers have improved coordination among police, NHRC, National Women’s Commission, chief district officers, local authorities, community mediation centers, and NGOs working to address violence against women and girls.

Other Harmful Traditional Practices: The constitution criminalizes violence against or oppression of women based on religious, social, or cultural traditions and gives victims the right to compensation. The criminal code makes the practice of paying dowries illegal and imposes penalties of up to NRs 30,000 ($300), prison sentences of up to three years, or both. The legislation also criminalizes violence committed against one’s spouse in connection to a dowry, imposing fines of up to NRs 50,000 ($500), prison sentences of up to five years, or both. Additionally, the 2015 Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence stipulates that any psychological abuse of women, including asking for dowry, humiliation, physical torture, and shunning women for not providing a dowry, is punishable. Nevertheless, according to NGOs dowries remained common, especially in the Terai region. Government agencies documented incidents of dowry-related violence, recommended interventions, and occasionally rescued victims and offered them rehabilitation services.

Traditional beliefs about witchcraft negatively affected rural women, especially widows, the elderly, persons of low economic status, or members of the Dalit caste, despite a law specifically criminalizing discrimination and violence against those accused of witchcraft. There were no reported prosecutions under the law. Media and NGOs reported numerous cases of violence against alleged witches, and civil society organizations raised public awareness of the problem. For example, on August 2, family members of two persons accused of witchcraft filed a complaint against their accuser. According to the family members, both of the accused were socially neglected after the allegations of witchcraft.

Acid attacks were specifically criminalized; the NGO Burns Violence Survivors Nepal documented five acid attacks from January to September. For example, in September Bimal Shripali of Chitwan district attacked his neighbor Basanti Pariyar with acid. Police arrested Shripali, after, according to his police statement, he attacked Pariyar after she refused his marriage proposal.

The practice of chhaupadi (expelling women and girls from their homes during menstruation and sometimes following childbirth, including forcing women and girls to reside in cattle sheds) continued to be a serious problem despite a 2005 Supreme Court decision and 2008 guidelines from the Ministry of Women, Children, and Social Welfare outlawing the practice. The practice was particularly common in rural western districts, where women periodically died from exposure to the elements. For example, local media reported that in January a 21-year-old woman died of smoke inhalation while trying to warm herself in her menstruation hut, and in July a 19-year-old woman died of a venomous snakebite she suffered while sleeping in her hut. The criminal code formally criminalized the practice by stipulating a punishment of up to three months’ imprisonment, a maximum fine of NRs 3,000 ($30), or both.

Sexual Harassment: The law allows the top administrative official in a district to impose up to six months imprisonment, a maximum fine of NRs 50,000 ($500), or both, against a perpetrator, once a series of internal workplace processes to address a complaint have been exhausted. According to women’s rights activists, the law provides adequate protective measures and compensation for victims, but the penalties are insufficiently severe and the law does not cover the informal sector, where sexual harassment is most common.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the law provides protection, women faced systemic discrimination, including in employment (see section 7.d.) and especially in rural areas. Dalit women in particular faced discrimination by virtue of their gender and caste status. The law grants women equal shares of their parents’ inheritance and the right to keep their property after marriage, but many women were not aware of their rights, and others were afraid to challenge existing practice. The law also grants widows complete access and authority to the estate of their deceased husbands; the government did not take sufficient measures to enforce it.

The Gender Equality Act adopted in 2006–along with more than 60 other laws–contain discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of their spouses in property and family affairs, and special opportunities in education, health, and social security.

The constitution does not allow women to convey citizenship to their children independent of the citizenship of the child’s father (see section 2.d.) and has no specific provision for naturalization of foreign husbands married to Nepali wives.

Children

Birth Registration: Constitutional provisions, laws, and regulations governing citizenship discriminated by the gender of the parent, which contributed to statelessness (see section 2.d. Statelessness). There was no difference in birth registration policies and procedures based on the gender of the child.

Education: The constitution makes basic primary education free and compulsory nationwide. The 2016 Education Act divides the education system into Basic Education (Early Childhood Development and grades one to eight), which is free and compulsory, and Secondary Education (grades nine to 12), which is free but not compulsory. The government reported that during the 2017-18 school year 97.2 percent of school-age children attended primary schools with gender parity. A gender gap in secondary education persisted, with two-thirds of adolescent girls in rural areas reportedly not attending school.

Medical Care: The government provided basic health care free to children and adults although parental discrimination against girls often resulted in impoverished parents giving priority to their sons when seeking medical services.

Child Abuse: Violence against children, including sexual abuse, was reportedly widespread. NGOs stated that such reports have increased in part due to increased awareness, but no reliable estimates of its incidence exist. The government has some mechanisms to respond to child abuse and violence against children, such as special hotlines and the Central Child Welfare Board (CCWB), which has chapters in 75 districts.

Early and Forced Marriage: The law prohibits marriage for both boys and girls before the age of 20, but the country has a high rate of child marriage. According to UNICEF, more than a third of young women aged 20-24 report they were married by the age of 18, and somewhat more than 10 percent by age 15.

Social, economic, and cultural values promoted the practice of early and forced marriages, which was especially common in the Dalit and Madhesi communities. The law sets penalties for violations according to the age of the girls involved in child marriage. The penalty includes both a prison sentence and fine, with the fees collected going to the girl involved. The civil code provides that the government must take action whenever a case of child marriage is filed with authorities.

Sexual Exploitation of Children: Commercial sexual exploitation of children remained a serious problem, according to NGOs. There were reports of boys and girls living on the streets and exploited in prostitution and of underage girls employed in dance bars, massage parlors, and cabin restaurants (sometimes fronts for brothels). Enforcement was generally weak due to limited police investigation and capacity. The minimum age for consensual sex is 18 years. The penalties for rape vary according to the age of the victim and the relationship.

There is no specific law against child pornography, but the Children Act stipulates that no person can involve or use a child for an immoral profession, and photographs cannot be taken or distributed for the purpose of engaging a child in an immoral profession. Additionally, photographs that tarnish the character of the child may not be published, exhibited, or distributed.

Displaced Children: A large number of children remained displaced due to the 2015 earthquake and its aftershocks (see section 2.d.). The government did not have comprehensive data on children affected by the decade-long Maoist conflict, including the original number of internally displaced and the number who remained displaced.

Institutionalized Children: Abuse and mistreatment in orphanages and children’s homes reportedly was common. An NGO working in this field estimated that approximately one-third of registered children’s homes met the minimum legal standards of operation, and there is no reliable data on the many unregistered homes. The NGO also reported no significant change in the level or degree of abuse of children compared to previous years. A 2013 study by Children and Women in Social Service and Human Rights showed that few such homes in the Kathmandu Valley met CCWB standards, although they provided some basic services.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There was a small Jewish community in the country, and there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution prohibits discrimination based on disability or physical condition and contains additional rights for persons with disabilities. These include the right to free higher education for all physically disabled citizens who are “financially poor” and the provision of special instructional materials and curricula for persons with vision disabilities.

The government provides services for persons with physical and mental disabilities, including a monthly stipend, building shelters, and appointing one social welfare worker in each of 753 local governments. In 2017 parliament passed the Disability Rights Act, which provides that persons with disabilities have equal access to education, health, employment, public physical infrastructure, transportation, and information and communication services. The act also prohibits discrimination based on disability. Although government efforts to enforce laws and regulations to improve rights and benefits for persons with disabilities have gradually improved, they still are not fully effective. For example, books printed in Braille are not available for students at all grade levels, and free higher education is not uniformly available to all interested persons with disability. According to the Ministry of Women, Children, and Senior Citizens, the government did “no additional work” in this area during the year.

The government provided monthly social security allowances for persons with disabilities of NRs 2,000 ($20) for those categorized as “profoundly” disabled, and NRs 600 ($6) for the “severely” disabled. The law states that other persons with disabilities should receive allowances based on the availability of funds and the degree of disability. Additionally, the government provided financial support to sign language interpreters in 20 districts to assist persons with hearing disabilities in obtaining government services. The government allocated NRs 80 million ($800,000) from the national budget to fund programs for persons with disabilities, including grants to several disability-related organizations and a minimum budget to pay for community-based rehabilitation in all 75 districts. NGOs reported that, although the government attempted to implement the 2012 Supreme Court order by making budget allocations to empowerment and development programs, little progress had been made.

The Ministry of Women, Children, and Senior Citizens was responsible for the protection of persons with disabilities. Compared with primary school attendance, relatively few children with disabilities attended higher levels of education, largely due to accessibility problems, school locations, and financial burdens on parents. Although abuse of children with disabilities reportedly occurred in schools, no reports of such incidents were filed in the courts or with the relevant agencies during the year. The Ministry of Federal Affairs and Local Development mandates that each district allocate 15 percent of its budget for minority and vulnerable groups, including persons with disabilities. The Ministry of Women, Children, and Senior Citizens increased its budget for accessibility and distributed funds equally among 753 municipalities under the new federal system. Most persons with disabilities had to rely almost exclusively on family members for assistance.

There are no restrictions in law on the rights of persons with disabilities to vote and participate in civic affairs or to access the judicial system. According to the Ministry of Women, Children, and Senior Citizens, however, there were obstacles to exercising these rights, especially the lack of accessibility to public facilities.

National/Racial/Ethnic Minorities

The law provides that each community shall have the right “to preserve and promote its language, script, and culture” and to operate schools at the primary level in its native language. The government generally upheld these provisions. More than 125 caste and ethnic groups, some of which are considered indigenous nationalities, speak more than 120 different languages.

Discrimination against lower castes and some ethnic groups, including in employment (see section 7.d.), was widespread and especially common in the Terai region and in rural areas.

Caste-based discrimination is illegal, and the government outlawed the public shunning of Dalits and made an effort to protect the rights of other disadvantaged castes. The constitution prohibits the practice of untouchability and stipulates special legal protections for Dalits in education, health care, and housing. It also established the National Dalit Commission as a constitutional body to strengthen protections for and promote the rights of Dalits.

According to the Nepal National Dalit Social Welfare Organization, government progress in reducing discrimination remained limited in rural areas.

The government recognized 59 ethnic/caste groups as indigenous nationalities, comprising approximately 36 percent of the population. Although some communities were comparatively privileged, many faced unequal access to government resources and political institutions and linguistic, religious, and cultural discrimination. Some NGOs stated that indigenous people, whose settlements were disproportionately damaged by the 2015 earthquakes, were discriminated against in the quality and quantity of reconstruction materials they received. Other NGOs, however, stated that discriminatory practices were not widespread, and local and international NGOs engaged in reconstruction made efforts to prevent discrimination in the distribution of reconstruction materials.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize same-sex sexual activity, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons actively advocated for their rights. The constitution contains provisions outlining protections for LGBTI persons, but LGBTI activists continued to press for further legislation to increase protections for gender and sexual minorities.

In August the cabinet registered an amendment to the 2006 Citizenship Act that officially recognizes nonbinary gender identity for citizenship documents. This step is intended to reduce discrimination experienced by transgender persons. The current civil code, however, defines marriage only between opposite-sex persons, which LGBTI activists have interpreted as a sign of bias against LGBTI persons.

According to local LGBTI advocacy groups, the government did not provide equal opportunities for LGBTI persons in education, health care, or employment (see section 7.d.). Additionally, advocacy groups stated that some LGBTI persons faced difficulties in registering for citizenship, particularly in rural areas.

Although several LGBTI candidates ran for office in local elections in 2017, LGBTI activists noted that election authorities prevented one person who self-identified as third gender from registering as a candidate for vice mayor because electoral quotas required the individual’s party to register a “female” candidate for the position. Separately, LGBTI activists stated that some transgender persons refrained from voting out of fear of harassment or social scorn because transgender persons were forced to stand in lines reflecting the gender on their citizenship documents, regardless of whether they had changed gender in practice.

According to LGBTI rights NGOs, harassment and abuse of LGBTI persons by private citizens and government officials declined during the year, especially in urban areas, although such incidents still occurred. Several NGOs praised the government, specifically the Ministry of Women, Children, and Senior Citizens, for taking the initiative in organizing LGBTI-related trainings and sensitivity programs to reduce violence and discrimination targeting LGBTI persons.

LGBTI rights groups reported that gender and sexual minorities faced harassment from police during the year. The Nepal Police HRS confirmed that some low-level harassment occurred because many citizens held negative views of LGBTI persons. The HRS added that the Nepal Police were not immune to such social prejudices. According to LGBTI advocacy group Blue Diamond Society, in February police officers assaulted two transgender women without cause. After registering the case with police and the NHRC, the victims received a formal apology and the police paid medical expenses.

HIV and AIDS Social Stigma

There was no official discrimination against persons who provided HIV-prevention services or against high-risk groups that could spread HIV/AIDS.

Societal discrimination and stigma against persons with HIV remained common, according to NGOs.

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