what is the constitutional provision regarding the secularism and right to religious freedom at the at present in Nepal
Answers
Answer:
Section 26 of the Nepalese Constitution states that: (1) Each person shall be free to profess, practice, and preserve his/her religion according to his/her faith.
Explanation:
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Answer:
Section 26 of the Nepalese Constitution states that: (1) Each person shall be free to profess, practice, and preserve his/her religion according to his/her faith.
Explanation:
disturb the religion of other people. Such an act shall be punishable by law.
The provision is problematic for several reasons. First, the scope of the right is narrower than currently accepted international standard as it does not incorporate and protect the right to choose and change religion, or not to have a belief. Second, despite the fact that religious profession is safeguarded in Section 26.1, Section 26.3 places significant limits on the practice and manifestation of religion or belief. Indeed, section 26.3 prohibits anyone to act in a manner ‘which is contrary to public health, decency and morality or behave or act or make others act to disturb public law and order situation.’ The reference to acts contrary to public decency or morality are very vague and are left open to broad interpretation, leaving the potential for restrictions upon religious practices that are not accepted or welcomed by the religious majority. Furthermore, Section 26.3 prohibits religious conversion or even the act of ‘disturbing’ the religion of other. This leaves open potential prohibitions on trying to convert others and curtails an individual’s ability to speak about their religion to others. This limitation potentially creates two crimes in one sentence; blasphemy and ban on proselytising.
Blasphemy and bans on proselytising are severe limitations to place on the right to freedom of religion or belief. They are always considered to be excessive and are contrary to the spirit of the right of freedom of religion or belief. Countries who have such prohibitions in their law cannot claim to protect the right to freedom of religion or belief, certainly not to international human rights standards. Unfortunately, such limitations do still exist. At least thirteen countries still have the death penalty for blasphemy laws: Pakistan, Afghanistan, Iran, Malaysia, Maldives, Mauritania, Nigeria, Qatar, Saudi Arabia, Somalia, Sudan, United Arab Emirates and Yemen. One such example of a prisoner awaiting her death sentence for blasphemy is Asia Bibi, a Christian Pakistani woman who has been on death row since 2010 for ‘drinking a cup of water from a WELL
Despite the fact that, at the time of debating the Constitution in 2015, Nepal confirmed that it would uphold its international human rights obligations, stories of religious minorities being adversely affected by the law have started to circulate the media. For example, in mid-2016, Christian Solidarity Worldwide reported that eight Christians in Charikot, eastern Nepal were arrested and were accused of trying to convert children ‘after sharing a comic book on the story of Jesus.’
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