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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 ,