Nepal
Nepal (; ne, :ne:नेपाल, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in S ...
is a
secular state under the
Constitution of Nepal 2015
Constitution of Nepal 2015 ( ne, नेपालको संविधान २०७२) is the present governing Constitution of Nepal.
Nepal is governed according to the Constitution which came into effect on 20 September 2015, replacing the ...
, where "secular" means religious, cultural freedoms, including protection of religion and culture handed down from time immemorial. The Constitution provides for freedom to practice one's religion. The Constitution also specifically denies the right to convert another person. The now-defunct constitution of 1990, which was in effect until 15 January 2007, described the country as a "
Hindu
Hindus (; ) are people who religiously adhere to Hinduism. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...
Kingdom". The Government generally did not interfere with the practice of other religious groups, and religious tolerance was broadly observed; however, there were some restrictions.
Adherents of the country's many religious groups generally coexisted peacefully. Nepal is viewed as a religiously harmonious place for its state of development.
Nepal's new constitution adopted on 2015 doesn't give anyone the right to convert anyone person to another religion. Nepal also passed more stringent
anti-conversion law on 2017.
Religious demography
The country has an area of and a population of 28 million. Hinduism is reported to be the religion of 81.34% of the population followed by Buddhism (9.04%), Islam(4.38%),
Kirant
The Kirati people, also spelled as Kirant or Kiranti, are a Sino-Tibetan ethnic group. They are peoples of the Himalayas, mostly the Eastern Himalaya extending eastward from Nepal to North East India (predominantly in the Indian state of Sikkim ...
(an indigenous
animist religion)(3.04%), and Christianity (1.41%). There are adherents to many other religious groups, whose proportion is small. Twenty thousand
Tibetan Buddhist
Tibetan Buddhism (also referred to as Indo-Tibetan Buddhism, Lamaism, Lamaistic Buddhism, Himalayan Buddhism, and Northern Buddhism) is the form of Buddhism practiced in Tibet and Bhutan, where it is the dominant religion. It is also in majo ...
refugees reside in the country.
Status of religious freedom
Legal and policy framework
The Interim Constitution provides for freedom of religion and permits the practice of all religious groups; however, there are some restrictions. The Interim Parliament declared the country a secular state in the Interim Constitution in January 2007. The previous constitution described the country as a "Hindu Kingdom," although it did not establish Hinduism as the state religion. Article 23 of the Interim Constitution protects the rights of all religious groups by guaranteeing the individual the right "to profess and practice his/her own religion as handed down to him/her from ancient times having due regard to traditional practices." It also states "no person shall be entitled to convert another person from one religion to another and shall not take actions or behave in a way that would create disturbance in another's religion."
The Interim Constitution maintains the stipulation from the 1990 constitution that no one can be discriminated against based on caste. In 2002 the previous government constituted a
National Dalit Commission
The National Dalit Commission is an Nepali constitutional body established with a view to provide safeguards against the exploitation of Dalits to promote and protect their social, educational, economic and cultural interests, special provisions ...
charged with protecting and promoting
Dalit
Dalit (from sa, दलित, dalita meaning "broken/scattered"), also previously known as untouchable, is the lowest stratum of the castes in India. Dalits were excluded from the four-fold varna system of Hinduism and were seen as forming ...
(formerly called "untouchable") rights and ensuring active participation of the Dalit community in the development of the country. Before the
People's Movement in April 2006, which led to removal of the King and his government, the Commission devised legal and policy arrangements for Dalit rights, made recommendations to implement international conventions to which the country is a party, monitored and coordinated
non-governmental organization
A non-governmental organization (NGO) or non-governmental organisation (see American and British English spelling differences#-ise, -ize (-isation, -ization), spelling differences) is an organization that generally is formed independent from g ...
s (NGOs) on efforts to uplift Dalits, and launched programs on social awareness to end social discrimination and untouchability. After the success of the People's Movement, many members of the Commission were accused of being royalist and resigned, and the Commission was unable to function. The Interim Government nominated 16 members to the Commission on 3 June 2007.
There are no specific laws favoring the Hindu majority, nor does the Government control the expression of Hinduism.
Although there were no registration requirements for religious groups, there were legal registration requirements for NGOs. Organizations had been prohibited from registering if their names contained religious words. However, this began to change in April 2007 when the Government allowed the registration of an organization with the word "Bible" in its title. Christian, Muslim, and
Jewish
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
religious organizations claimed that, unless registered, such organizations were restricted from owning land, an important step for establishing churches,
mosques, synagogues, or burial sites. An organization that provides religious services and kosher foods to Jewish adherents (generally tourists) complained that the organization was not able to legally register as a religious organization and its workers had to enter the country on business visas.
Proselytizing
Proselytism () is the policy of attempting to convert people's religious or political beliefs. Proselytism is illegal in some countries.
Some draw distinctions between ''evangelism'' or '' Da‘wah'' and proselytism regarding proselytism as invol ...
remained illegal. There are officially no foreign missionaries; however, for decades dozens of Christian missionary hospitals, welfare organizations, and schools have operated in the country. These organizations did not proselytize, and otherwise operated freely. Missionary schools were among the most respected institutions of secondary education; many members of the governing and business elite graduated from
Jesuit high school
A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' lower secondary education'' (ages 11 to 14) and ''upper seconda ...
s. Foreign workers in the missionary hospitals and schools entered the country with visas designating them as technical workers for local or international NGOs sponsoring the hospitals and schools. The Government enforced these immigration laws; if foreign workers were found to proselytize, they were expelled from the country. There were no expulsions during the reporting period. Many foreign Christian organizations had direct ties to local churches and sponsored pastors for religious training abroad.
Some holy days, most of them Hindu, were recognized as national holidays. These were
Mahashivaratri,
Buddha Jayanti,
Falgun Purnima,
Krishna Asthami,
Dasain
Dashain or Bada'dashain, also referred as Bijaya Dashami in Sanskrit, is a major Hindu religious festival in Nepal. It is also celebrated by Hindus of Nepal and elsewhere in the world, including among the Lhotshampa of Bhutan and the Burmese Gur ...
, and
Tihar.
Although public schools did not teach religion, most had a statue of
Saraswati
Saraswati ( sa, सरस्वती, ) is the Hindu goddess of knowledge, music, art, speech, wisdom, and learning. She is one of the Tridevi, along with the goddesses Lakshmi and Parvati.
The earliest known mention of Saraswati as a g ...
, the Hindu goddess of knowledge, on their grounds. Many began the day with a Hindu prayer to the goddess.
The Government had no formal policy on interfaith understanding. A local NGO, the
Interreligious Council of Nepal, consisting of representatives of the Hindu, Buddhist, Muslim, Christian, and Baha'i faiths, was active in promoting peace in the country.
Nepal's new constitution adopted on 2015 doesn't give anyone the right to convert anyone person to another religion. Nepal also passed more stringent Anti conversion law on 2017. Clause 160 of section 9 of the ‘Bill designed to amend and integrate prevalent laws relating to Criminal Offense’ states that:
''1. Nobody should convert the religion of another person or indulge in such act or encourage such an act.''
''2. Nobody should indulge in any act or conduct so as to undermine the religion, faith or belief that any caste, ethnic group or community has been observing since'' sanatan ''
ternaltimes or to jeopardize it with or without any incitement to convert to any other religion, or preach such religion or faith with any such intention.''
''3. Anyone committing the offense as per sub-clause (1) and (2) shall face up to five years of imprisonment and fine of up to fifty thousand rupees.''
''4. If a foreigner is found to have committed the crime as per sub-clause (1) and (2), he/she will have to be sent out of Nepal within seven days of completion of the sentence as per this clause.''
Restrictions on religious freedom
Tibetan Buddhists faced various restrictions on their celebrations. Local authorities generally restricted celebration of Tibetan religious festivals to private property. Police in Kathmandu prohibited Tibetans celebrating the New Year from carrying pictures of the
Dalai Lama
Dalai Lama (, ; ) is a title given by the Tibetan people to the foremost spiritual leader of the Gelug or "Yellow Hat" school of Tibetan Buddhism, the newest and most dominant of the four major schools of Tibetan Buddhism. The 14th and current D ...
around an important
Buddhist temple as part of religious ceremonies. The Government also restricted all other non-religious local Tibetan celebrations (
Tibetan New Year
Losar (; "new year"William D. Crump, "Losar" in ''Encyclopedia of New Year's Holidays Worldwide'' (McFarland & Co.: 2008), pp. 237-38.) also known as Tibetan New Year, is a festival in Tibetan Buddhism. The holiday is celebrated on various d ...
, the
Dalai Lama's birthday, and
Democracy Day) to private property. On 10 March 2007, however, the Tibetan community was allowed to march freely in the street, demanding "freedom and justice for Tibet." During the reporting period, the Government revoked the legally obtained registration of a welfare office to look after Tibetan refugees (a lawsuit was pending at the end of the reporting period) and did not allow the registration of an office to represent the Dalai Lama. The welfare office previously looked after more than 20,000 Tibetan refugees who left their homeland after the Dalai Lama fled
Tibet
Tibet (; ''Böd''; ) is a region in East Asia, covering much of the Tibetan Plateau and spanning about . It is the traditional homeland of the Tibetan people. Also resident on the plateau are some other ethnic groups such as Monpa, Taman ...
in 1959.
The law prohibits converting others and proselytizing; these activities are punishable by fines, imprisonment, or, for foreigners, expulsion. However, personal conversion is allowed. Some Christian and Muslim groups were concerned that the ban on proselytizing limited the expression of non-Hindu religious belief. NGOs or individuals were allowed to file reports that individuals or organizations were proselytizing, and the Government investigated these reports.
There were no incidents of punishment for conversion or proselytism during the reporting period.
Madrassahs, but not mosques, are required to register with local district administration offices (part of the
Home Ministry
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministr ...
) and supply information about their funding sources to operate; they receive no government funding. Some Muslim leaders criticized the move as discriminatory; however, the registration requirement has not been enforced. Muslims were not restricted from participating in the Hajj, although the Government did not subsidize the pilgrimage.
The Constitution prohibits discrimination on the basis of
caste; however, the caste system strongly influences society. While the Government has stressed that caste-based discrimination is illegal and temple access for "lower castes" has improved in some areas, caste discrimination was frequently practiced at Hindu temples, where
Dalits
Dalit (from sa, दलित, dalita meaning "broken/scattered"), also previously known as untouchable, is the lowest stratum of the castes in India. Dalits were excluded from the four-fold varna system of Hinduism and were seen as forming ...
were forbidden from entering by some Hindu priests.
There were no restrictions on the selling or possession of religious literature.
Civil servants may take off religious holidays and celebrate them on private property without government interference.
There were no reports of religious prisoners or detainees.
Forced religious conversion
There have been frequent reports alleging that various missionaries and foreign Christian organizations have lured poor people to change their religion by offering them jobs and money. Multiple claims and proof for these allegations have been brought forward. Such charges have long been leveled against Christians in south Asia. The charges have sometimes brought tensions in societies, where the newly converted are claimed to have been brainwashed.
In rebel-held areas during the Nepalese Civil War
During the
Nepalese Civil War
The Nepalese Civil War was a protracted armed conflict that took place in the former Kingdom of Nepal from 1996 to 2006. It saw fighting between the Nepalese royal government and the Communist Party of Nepal (Maoist) throughout the country ...
, Maoist insurgents restricted religious freedom in parts of the country. There were reports of Maoists enforcing a "people's calendar" in schools that did not allow for religious holidays. Maoists sometimes demanded the use of religious facilities for their political organizations and courts.
Christian organizations reported several cases where Maoists extorted cash from churches. In September 2004 Maoist threats prompted the temporary closing of 21 churches in Sankhuwasabha District. In October 2006 local leaders closed the Christian Kashi Gaun Church in
Kashi village,
Gorkha
The Gurkhas or Gorkhas (), with endonym Gorkhali ), are soldiers native to the Indian Subcontinent, chiefly residing within Nepal and some parts of Northeast India.
The Gurkha units are composed of Nepalis and Indian Gorkhas and are recruit ...
in response to pressure from local religious
Lamas who were concerned that people would abandon their traditional religious beliefs. Members of the
Nepal Interreligious Council visited Gorkha and met with religious and district leaders, and the government agreed to reopen the church in February 2007.
Just talking to the vice president of Nepal Interreligious Council,(9:00pm on 1 February 2018) it was confirmed that Dr. K. B. Rokaya together with others (Ramchandra and Phanindra has visited Gorkha as mentioned. After having a dialogue held at Gorkha with the representative of the government and others has agreed to open all the churches. One of the churches which was recently built in Ranxi village was padlocked by Maoist leader was also opened. Similarly, for the cases of Sankhuwasabha, Rokaya has me Maoist leader Krishna Bahdur Mohara in Delhi, and immediately after the meeting Mohara phoned to the in charge in Sankhusabha/Panchthar, then all the closed churches was open. Rokaya also confirmed that although there was a presence of Interreligious council but was not organized and active at that time. So he had led the group on behalf of the NCCN (National Christian Church Nepal)
There were scattered reports of Maoist insurgents attacking Hindu temples and harassing Hindu priests. On 21 August 2006, a group of Maoists disrupted a religious function organized by a pro-Hindu organization in
Bhairahawa, accusing the group of attempting to reestablish the monarchy. On 21 September 2005, a group of armed Maoists attacked and vandalized
Ramchandra Temple in
Muga village of
Dhankuta District
Dhankuta District ( ne, धनकुटा जिल्ला) () is one of 14 districts of Province No. 1 of eastern Nepal. The district covers an area of and has a population (2011) of 163,412. Dhankuta is the district headquarters of Dha ...
.
Atheists in Nepal
The Atheist population in Nepal is emerging. Although at a technical level, the roots of atheism were established by the Communist parties (United Mission league and Maoists), they themselves were more or less influenced by a cultural bias of favoritism to Hinduism. Though, Hinduism is a very wide religion that grants enough grounds for other faiths, including atheism, recognizing Nepal as a Hindu state was humiliating to adherents of other faiths. So became the driving force for the establishment of a secular state following the people's movement in 2006 AD.
See also
*
Religion in Nepal
Religion in Nepal encompasses a wide diversity of groups and beliefs. Nepal is a secular nation and Secularism in Nepal under interim constitution (Part 1, Article 4) is defined as 'religious, cultural freedom, along with the protection of ...
*
Human rights in Nepal
A clash between the Nepalese government forces and the Communist Party of Nepal (CPN- Maoist) occurred between 1996 and 2006, resulting in an increase in human rights abuses throughout the country. Both sides have been accused of torture, unlawfu ...
*
Banishment of Buddhist monks from Nepal
Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suf ...
References
*
United States Bureau of Democracy, Human Rights and Labor
The Bureau of Democracy, Human Rights and Labor Affairs (DRL) is a bureau within the United States Department of State. The bureau is under the purview of the Under Secretary of State for Civilian Security, Democracy, and Human Rights.
DRL's resp ...
Nepal: International Religious Freedom Report 2007 ''This article incorporates text from this source, which is in the
public domain
The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...
.''
{{Asia topic, Freedom of religion in
Nepal
Nepal (; ne, :ne:नेपाल, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in S ...
Human rights in Nepal
Religion in Nepal