An Overview of the Judicial System under Different Layers of the Government for Disadvantaged and Vulnerable Population
December 1, 2020
Issr
With the regime change in Nepal, the new Constitution sought for inclusion and protection of marginalized, disadvantaged, and vulnerable
population with special rights under the Constitution. This paper sought to explore the special rights of such population guaranteed in the
Constitution, Act, and other legal instruments. This paper compares existing international commitments with the existing constitutional and
legal provisions. Similarly, this paper elucidates provision and efforts on realization of these special rights by the marginalized population.
It is deduced that these populations are highly hit by calamities, both natural and human-made and require special attention. Owing to this
fact, this paper traces the duty of all three levels of Government during a disaster, pandemics, calamity, other shocks, or emergency towards
such group. Finally, the paper comes with findings (shortcomings in the concerned policies, constitution, laws and regulation and guidelines
so concerned) and recommendation for the protection upon analyzing, and comparing with, international commitments and best practices.