of Nepal. The Interim Constitution of Nepal, 2063 B.S. has granted various fundamental
rights to women and children, and has also provided for making special arrangements for
their development and for empowering them, considering them as a disadvantaged and
marginalized group. Besides this, as Nepal has ratified the convention on the Child Rights,
1989 on September 14, 1990 and the Convention on the Elimination of All Forms of
Discrimination Against Women, 1979 on April 22, 1991, it is essential to see whether or not
those rights granted by the aforesaid international Conventions and the Interim Constitution
of Nepal are infringed in the case of the girls who function as Kumaris under the Kumari
tradition.
Article 12 of the Interim Constitution of Nepal, 2063 B.S. has granted to every citizen the
fundamental right prohibiting the deprivation of personal liberty save in accordance with
the law. Article 16 has granted the right to equality; Art 17 has granted the right to education
and culture; Art. 20 has granted women’s rights; Art. 21 has granted the right to social
justice; Art. 22 has granted children’s rights. Art. 23 has granted the right to religion and
Art. 29 has granted the right against exploitation. In case of an infringement of those
fundamental rights provided to women and children, Art. 107(2) of the Constitution has
conferred on this Court extra-ordinary jurisdiction for the enforcement of those rights. In
order to create an environment conducive to the enjoyment of those rights by the citizens,
the Constitution itself has directed the State, especially the Executive, through the directive
principles and policy of the State. According to this, Article 33(h) has prescribed as the duty
of the state to establish the right of all the citizens in matters like education, health, housing,
employment and food sovereignty. Likewise, Art. 33(m) and Art. 32 (n) have provided
respectively that it shall be the duty of the State to make effective implementation of the
international treaties and Conventions, to which Nepal is a party, and to end the discriminatory
laws, if any. It has been mentioned in Art. 34(1) that it shall be the directive polity of the
State to establish a just system in the society and to protect and promote human rights. It
has been similarly mentioned in Art. 35(9) that the State shall adopt the policy of making
special provisions of social security for the protection and promotion of the children.
The Convention on the Child Rights, 1989, ratified by Nepal, is an international instrument
prepared for the multi- dimensional development and welfare of the children. The family is
a collective group consisting of the parents and the children. The parents are not only the
guardians of the children but also an integral part for the [development of] children. This
Convention seems to have been introduced for the development of the family consisting of
the parents and the children. Art. 1 of that Convention has provided for the children’s right
to get care and rearing from their parents, whereas Art. 8 grants to the children the right to
establish family relations with their parents. Likewise, Art. 9 has provided for the children’s
right not to be isolated from their house, whereas Art. 12 grants them the right to express
their opinion through any media. Similarly, Art. 14 ensures the right to receive guardianship
and guidance from the parents and Art. 15 guarantees the right to assemble peaceably and
get organized. Besides, Art. 16 guarantees the right to privacy and Art. 19 grants the right
against any type of torture, misconduct, damage, neglect or exploitation. Furthermore, Art.
28 gives the right to get education and Art. 31 ensures the right to get rest and leisure and
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