Legal framework on freedom of religion and actual application
The Constitution defines Nepal as a secular state. In Article 4 (1), it stipulates that “Nepal is an independent, indivisible, sovereign and secular state.” It adds: “For the purpose of this article, the term ‘secular’ means the protection of religion and culture being practised since ancient times as well as religious and cultural freedom.”
The Constitution’s protection for religious freedom includes freedom for religious institutions. For example, Article 26 (1) declares religious freedom to be a fundamental right, and Article 26 (2) states, “Every religious denomination shall, maintaining its independent existence, have the right to manage and protect its religious places and religious trusts in accordance with the law.” However, Article 26 (3) expressly prohibits conversion and any act that might “disturb” the religion of others, stating that “no person shall… convert a person of one religion to another religion, or disturb the religion of other people. Such an act shall be punishable by law.” These provisions were strengthened in the revised penal code, which criminalises “offending the religious feelings” of others. Article 9.158 of the penal code prohibits attempts to “convert” others or “to weaken the religion, faith or beliefs practised since ancient times (sanatan) by a community, caste or ethnic group”; it also imposes a severe penalty of up to five years in prison and a fine of 50,000 rupees (just under US$500).
The law stipulates that the state must protect the “Sanatana Dharma,” a term often translated as “Primordial Tradition.” This generally designates the essence of Hinduism as it has been passed down over the centuries. In addition, Article 9 (3) of the constitution affirms that the national animal is the cow, which Hinduism regards as sacred. These pro-Hindu provisions are embedded in the constitution, and can potentially legitimise and encourage unequal treatment, discrimination, and even persecution on the basis of religion. Such provisions and penalties, which include the vaguely worded constitutional prohibition of religious conversion, impose severe restrictions on the religious freedom of religious minority groups, leaving them vulnerable to both legal and social abuse by majority Hindus, but can also impinge on the freedom of conscience and religion of members of the majority community.
The constitution’s anti-conversion provisions are perceived as specifically targeting Nepal’s Christian communities. Indeed, many have noted that since the constitution’s enactment, Christians have been increasingly harassed and, in some cases, detained by local government officials due to allegations that they were converting Hindus, especially Hindu Dalits. Their places of worship have also been bombed.
Apart from religious hostilities, government regulations present challenges to faith-based organisations in general and Christian groups in particular; for example, registration rules impose burdensome requirements and constraints on raising funds from abroad.
Apart from the Constitution and the penal code, other laws and regulations discriminate against non-Hindus. For example, laws currently in place mean that it is much easier for Hindu organisations to obtain legal recognition than the institutions of other faiths and non-Hindu organisations face obstacles in acquiring property for institutional use.
During the period under review, Christians continued to face difficulties burying their dead and with the concept of cremation. With respect to Christian holidays, in 2021, the government declared 25 December as a public holiday.
Incidents and developments
Following the adoption of the new constitution in 2015 and the new penal code outlawing proselytising and efforts to convert others, which took effect in August 2018, Nepal has witnessed an increase in legal and social pressure on Christians.
On 14 September 2021, two Catholic nuns from South Korea, who were managing a home for poor children in Pokhara, were arrested and detained for more than six weeks. They were charged with proselytizing by means of coercion. On 18 November 2021, they were granted bail.
On 30 November 2021, a Christian pastor, Keshav Raj Acharya, was sentenced to two years in jail under the anti-conversion law. He was accused of proselytization pursuant to the viral dissemination of a YouTube video in which he claimed that “COVID-19 could be healed through Christian prayer”.
In January 2022, a stakeholder’s report was submitted to the UN by Nepalese and international Christian organizations highlighting the persecution that Christians are facing in Nepal, primarily their right to freedom of religion or belief.
On 17 August 2022, the Metropolitan Museum of Art returned two artefacts to Nepal due to a restitution case. “The two objects returned were a 13th-century carved wooden temple strut (ornated support for temple roof) depicting a salabhinka, a spirit figure that often adorns temple walls, and a stone sculpture depicting the god Shiva in a carved niche that references Mount Kailash in the Himalayas.”
On 2 September, after much pressure from the international community, 19 lawmakers submitted 17 amendments to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act of 2014. The benefits to victims of conflict, and that all types of murders should be considered as human rights violations, were among the list of amendments that were proposed.
Prospects for freedom of religion
While the Constitution is nominally secular and guarantees the right to profess and practise one’s religion, it privileges Hinduism in multiple respects; it expressly prohibits converting people from one religion to another; and it bans religious behaviour that might disturb the religious beliefs of others and challenge the established religious and cultural order. The overwhelming majority of people in Nepal profess Hinduism, and the Constitution of Nepal defines secularism in a way that obligates the state to protect the country’s “immemorial” and indigenous religious traditions, i.e., Hinduism primarily, and to a lesser extent Buddhism. Nepali social structures are still in many ways based on the traditional values, norms, customs, and rituals of the Hindu religion.
With an unclear constitutional and legal framework, the latitude for accusations and tensions generated by some Hindu groups are an additional factor undermining the prospects for religious freedom in Nepal.
Under these circumstances, the religious freedom of the country’s Christians, Muslims, Buddhists, and other religious minorities will most likely continue to face significant legal and social challenges and limitations in the coming years. The prospects for the right of religious freedom enjoying full political and cultural respect in Nepal remain poor.
Nepal