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(5) Wome n shall have the right to obtain special opportunity in |
education, health, employment and social security, on the basis of positive |
discrimination. |
(6) The spouse shall have the equal right to property and family |
affairs . |
39. Rights of the c hild: (1) Every child shall have the right to name and birth |
registration along with his or her identity. |
(2) Every child shall have the right to education, health, |
maintenance, proper care, sports, entertainment and overall personality |
development from the families and the State. |
(3) Every child shall have the right to elementary child development |
and child participation . |
(4) No child shall be employed to work in any factory, mine or |
engaged in similar other hazardous work. |
(5) No child shall be subjected to child marriage, transported |
illegal ly, abducted/kidnapped or taken in hostage. |
(6) No child shall be recruited or used in army, police or any armed |
group , or be subjected, in the name of cultural or religious traditions, to abuse, |
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exclusion or physical, mental, sexual or other form of exploitation or improper |
use by any means or in any manner. |
(7) No child shall be subjected to physical, mental or any other form |
of torture in home , school or other place and situation whatsoever . |
(8) Every child shall have the right to juvenile friendly justice. |
(9) The child who is helpless, orphan, with disabilities, conflict |
victim, displaced or vulnerable shall have the right to special protection and |
facilities from the State. |
(10) Any act contr ary to in clauses (4), (5), (6) and (7 ) shall be |
punishable by law, and a child who is the victim of such act shall have the right |
to obtain compensation from the perpetrator , in accordance with law . |
40. Rights of Dalit : (1) The Dalit shall have the right to participate in all bodies of |
the State on the basis of the principle of proportional in clusion. 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. |
(2) Provision of free education with scholarship, from primary to |
higher education, shall be made by law for the Dalit students. Special provision |
shall be made by law for the Dalit in technical and vocational educat ion. |
(3) Special provision shall be made by law in order to provide health |
and social security to the Dalit community. |
(4) The Dalit community shall have the right to use, protect and |
develop their tradition al occupation, knowledge, skill and technology. The |
State shall accord priority to the Dalit community in modern business related |
with their traditional occupation and provide skills and resources required |
therefor. |
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(5) The State shall once provide land to the landless Dalit in |
accordan ce with law . |
(6) The State shall , in accordance with law, arrange settlement for |
the Dalit who do not have housing. |
(7) The facilities conferred by this Article to the Dalit community |
must be distributed in a just manner so that the Dalit women, men and Dalit in |
all communities can obtain such facilit ies proportionately. |
41. Rights of senior citizens : The senior citizens shall have the right to special |
protection and social security from the State. |
42. Right to social j ustice : (1) 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 , oppre ssed or citizens of |
backward regions and indigent Khas Arya shall have the right to participate in |
the State bodies on the basis of inclusive principle . |
(2) The indigent citizens and citizens of the communities on the |
verge of extinction shall have the right to get special opportunities and benefits |
in education, health, housing, employment, food and social security for their |
protection, upliftment, empowerment and development. |
(3) The citizens with disabilities shal l have the right to live with |
dignity and honour, with the identity of their diversity , and have equal access to |
public services and facilities. |
(4) Every farmer shall have the right to have access to lands for agro |
activities, select and protect local seeds and agro species which have been used |
and pursued traditionally, in accordance with law. |
(5) The families of the martyrs who have sacrificed their life , |
persons who were forced to disappear, and those who became disabled and |
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injured in all popular movements, armed conflicts and revolutions that have |
been carried out for progressive democratic changes in Nepal, democracy |
fighters, conflict victims and displaced ones, persons with disabilities, the |
injured and victims shall have the right to get a prioritized opportunity, with |
justice and due respect, in educati on, health, employment, housing and social |
security, in accordance with law. |
43. Right to social security : The indigent citizens, incapacitated and helpless |
citizens, helpless singl e women, citizens with disabilities, children, citizens |
who cannot take care themselves and citizens belonging to the tribes on the |
verge of extinction shall have the right to social security, in accordance with |
law. |
44. Rights of the c onsumer : (1) Every consumer shall have the right to obtain |
quality goods and services. |
(2) A person who has suffered injury from any substandard goods or |
services shall ha ve the right to obtain compensation in accordance with law. |
45. Right against e xile: No citizen shall be exiled. |
46. Right to constitutional remedies : There shall be a right to obtain constitutional |
remedies in the manner set forth in Article 133 or 144 for the enforcement of |
the rights conferred by this Part. |
47. Implementation of fundamental rights : The State shall, as required, make legal |
provisions for the implementation of th e rights conferred by this Part, within |
three years of the commencement of this Constitution. |
48. Duties of citizens : Every citizen shall have the following duties : |
(a) to safeguar d the nationality, sovereignty and integrity of Nepal, |
while being loyal to the nation, |
(b) to abide by the Constitution and law , |