The Confluence of the Constitution, Judiciary and Freedom of Speech: A Nepali Perspective

Abstract

The right to think and speak freely, receive information and engage in open discussion without fear of punishment or government restriction is considered as the hallmark of freedom of speech. Recognized as one of the fundamental freedoms supporting all other fundamental rights, freedom of speech and expression enables individuals to express their opinions and participate in contemporary issues of public concern. However, when individuals face punishment under the stringent criminal laws solely for their speech and expression, the very essence of constitutional democracy goes on trial. This paper delves to discuss the legal framework of freedom of speech and expression in the light of Nepal’s constitutional and criminal jurisprudence, international laws and judicial interpretations. It shall revisit the legal contours and restrictions imposed on this right. In addition, the paper shall critically analyze the legal frameworks, which relate to speech and expression, aiming to protect and promote democratic freedoms and to maintain social order in Nepal’s evolving political, judicial and legal landscape.