AbstractIronically, still many states in South Asia is still struggling to frame a separate legislation criminalizing or recognizing constitutionally the right against torture as subject matters of government despite of pleading a democratic culture. Nepal with immediate ratification of International Covenant on Civil and Political Rights (ICCPR), 1966 without any reservation has given equal weightage and also pleaded for enacting a separate legislation in enforcing the primary aspirations relating to torture as expressed in the Covenant. The constitutionality of right against torture can be referenced in terms of fundamental rights with inviolable and non-derogable in nature. The government has also specifically enacted a legislation in line with confirming the broader aspects of expression of the UNCAT. The expression in law as well as in constitution has positively embarked to look into any matters as subject of violation which will be for surely under the jurisdiction of the right relating to torture and which has further warned the concern authorities to look into matters. This paper is written with two particular objectives, first what extent the right against torture is constitutionally protected, recognized and enforced along with testing the linguistic expression on such provision and second how the constitutional provision does has been enforced and judicial trends on reading the essence of right against torture in Nepal.
D.N. Parajuli (Wed,) studied this question.