Personal Laws

Nepal has a uniform civil code operative since 1963, notwithstanding the fact that it is a multi-ethnic and multi-religious state. That this code is essentially a Hindu code is another matter, which will be discussed later further. No wonder therefore that the 1990 Constitution of Nepal (which stands abrogated) is silent on the issue of personal laws of different communities for the Constitutional Monarchical Kingdom of Nepal itself is ‘Hindu’ (Article 4). Indeed the Constitution also provides that ‘every person shall have the freedom to profess and practise his own religion as handed down to him from ancient times having due regard to traditional practices’.

It may be argued that the 1990 Constitution may not have mentioned personal laws because the matter had already been settled through the enactment of the 1963 national legal code. A comparison with the Indian situation should clarify the point. The Constitution of India too guarantees freedom of conscience to all communities, yet advices the state to try to achieve the objective of a uniform civil code as contained in its Directive Principles of State Policy. Unlike this, Part IV of the Nepalese Constitution, which is almost similarly titled ‘Directive Principles and Policies of the State’, does not mention anything in respect of civil laws, as if the matter is settled for good. For sure, apparently there is no controversy in Nepal over the personal laws.