Revisiting Nepal’s Rights of Persons with Disabilities Act: A Contemporary Analysis

Abstract

This article delves into the constitutional rights guaranteed to persons with disability in Nepal. The Constitution of Nepal, a federal charter, guarantees a plethora of rights to the population with disability. It outlaws discrimination on the grounds of health conditions. A person with a disability has the right to seek a certificate stating their disability, and the state has been entrusted with the power to bring affirmative action for their advancement. Still, the Constitution and the Rights of Persons with Disabilities Act also remain silent on some key issues, including in the political sphere, where the law does not mandate political parties to field a certain percentage of candidates in a way that reflects inclusivity for persons with disabilities. Nevertheless, government reports indicate that the state continues to struggle to fully implement the mandates of laws and policies, both in letter and spirit.