Introduction

Freedom of religion or belief (FoRB) is of particular importance in light of Nepal’s transition from a Hindu monarchy to a secular democratic republic, which was completed with the new constitution promulgated in 2015. However, CSW remains deeply concerned about the state of FoRB in the country.

Constitution

The constitution criminalises the freedom to manifest a person’s religion or belief. While Article 26 states that “each person shall be free to profess, practice and preserve his religion according to his faith,” Article 26(3) states that to “convert another person from one religion to another or any act or conduct that may jeopardise other’s religion is punishable by law.” This endangers two fundamental rights of every individual which are guaranteed in international law: the right to freedom of expression, and the right to follow a religion of his or her own choice and to manifest that religion in word and action.

Although the constitution recognises Nepal as a secular state, Article 26 defines ‘secular’ as the “protection of religion and culture being practised since ancient times and religious and cultural freedom.”

‘Secularism’ in the constitution means the safeguarding of ‘dharma sanskriti’ (religion and culture) that has been in existence for generations (sanaatan), as well as the freedom of religion and culture on the sovereign soil of Nepal. In practice this has been understood as the protection of the Hindu religion, which is the only religion that has been practiced since ancient times. The current definition of ‘secularism’ is restrictive and inconsistent with international human rights framework and prejudices other minority religions, which will legitimise discrimination on the basis of religion.

Repressive provisions in the penal code

Nepal’s penal code came into force on 17 August 2018. This law severely restricts FoRB.

• Section 155 states “damaging or injuring or, in any way, defiling, destroying or polluting any place of religious worship with the intent of insulting the religion or religious feeling.”
• Section 156 criminalises the ‘outraging’ of religious sentiments. It is similar to Pakistan’s so-called blasphemy laws which are poorly defined and widely misused to settle personal scores, to target religious minorities, or to further extremist agendas.
• Section 157 states “no one should create obstacles knowingly in the religious tradition of other faith being practiced since ancient times.”
• Section 158 criminalises ‘conversion.’ This could be invoked against a wide range of legitimate expressions of religion or belief, including the charitable activities of religious groups, or merely speaking about one’s faith.

According to local sources, since the promulgation of the penal code, an estimated twenty five cases involving violations against Christians have been reported. Violations range from property damage and targeted attacks on prayer meetings by non-state actors, to false accusations of conversion resulting in legal prosecutions.

On 23 April 2019 local police arrested four Christians at their hotel in Ghorahi, a city in the Dang Deukhuri District, for their alleged involvement in proselytism following a Christian conference for church leaders on 22 April. The four have been identified as Dilliram Paudel, the General Secretary of the Nepal Christian Society; Gaurav Sreevastab, an Indian national; an unnamed U.S. citizen and Kusang Tamang. They were charged for attempted conversion, however, the court found no case against them and dropped all charges on 27 February 2020.

In June 2019 a mob called Shiva Sena (Army of Shiva) assaulted staff at the Anandaban Leprosy Hospital in Kathmandu on suspicions that hospital staff were engaging in conversion. The hospital has been a pioneer in serving people with leprosy in the area and is staffed by Christian and non-Christians.

Nepal allocates no land to the Christian, Muslim and Kirat communities for burial. In some rural areas Christians seeking to bury their dead have been forced to travel large distances in order to do so, in other cases Christians have even been forced to dig up and rebury bodies, or been targeted with violence by local Hindus who have seized and forcibly cremated bodies. This is not only a violation of FoRB, but also represents a considerable public health issue and threatens the realisation of the sixth UN Sustainable Development Goal, which grants the assurance, availability and sustainable management of water and sanitation for all.

Burial rights

Nepal allocates no land to the Christian, Muslim and Kirat communities for burial. In some rural areas Christians seeking to bury their dead have been forced to travel large distances in order to do so, in other cases Christians have even been forced to dig up and rebury bodies, or been targeted with violence by local Hindus who have seized and forcibly cremated bodies. This is not only a violation of FoRB, but also represents a considerable public health issue and threatens the realisation of the sixth UN Sustainable Development Goal, which grants the assurance, availability and sustainable management of water and sanitation for all.