Freedom of Religion and Due Process in Nepal
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Abstract
What happens when a Constitution, which is intended to guarantee religious freedoms, and a Penal Code, which should manage and protect those freedoms, are in conflict? Courts have a responsibility to see that any disharmony does not give unfair advantage to either the state or its citizens. The authors discuss whether such a situation persists in Nepal. Although all religions are constitutionally protected in Nepal, this conflict is seen in a series of “rubber clauses” in its Penal Code, and it has opened the door to ill-founded police investigations and biased prosecutions of religious minorities. This has led to extended pre-trial detentions and unnecessary trials, resulting in penal sanctions against exercising freedom of conscience, speech, and religion, all of which are protected by the Constitution of Nepal and its international commitments. The authors propose simple solutions to potentially dangerous problems.
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