Rights of Groups & Constitutional Remedies (Articles 38–46)

Protecting Specific Groups — and Enforcing All Rights

The Constitution gives special protection to groups that have historically faced disadvantage, and ends the list with the right that makes every other right enforceable.

• Article 38 — Rights of Women. Equal lineage rights without gender discrimination; the right to safe motherhood and reproductive health; the right against all forms of violence; and the right to participation in State bodies on the basis of proportional inclusion.
• Article 39 — Rights of Child. The right to a name and birth registration, to education, health, nurturing, and protection from child labour, marriage and abuse.
• Article 40 — Rights of Dalit. The right to participation in State bodies on the principle of proportional inclusion, with special provisions in education, health, housing, employment and more.
• Article 41 — Rights of Senior Citizens. Senior citizens have the right to special protection and social security from the State.
• Article 42 — Right to Social Justice. Socially and economically backward groups have the right to participate in State bodies on the basis of inclusion.
• Article 43 — Right to Social Security. Indigent, incapacitated, helpless, and vulnerable citizens have the right to social security.
• Article 44 — Rights of Consumer. Every consumer has the right to quality goods and services, and to compensation for harm from substandard ones.
• Article 45 — Right against Exile. No citizen may be exiled from Nepal.
• Article 46 — Right to Constitutional Remedies. Every citizen has the right to approach the courts to enforce the rights in this Part — the "guarantor" of all the others.

Without Article 46, the other 30 rights would be promises with no enforcement. It is the mechanism that lets a citizen hold the State to the Constitution.

Source: Constitution of Nepal, Articles 38–46 (Nepal Law Commission).