NEPAL
Legal framework on freedom of religion and actual application
The 2015 constitution[1] defines Nepal as a secular state. Article 4 (1) stipulates that “Nepal is an independent, indivisible, sovereign and secular” state. It adds: “For the purpose of this article, the term ‘secular’ means the protection of religion and culture being practiced since ancient times and religious and cultural freedom.”
This notion of secularism is seen by some as a reference to Sanatana Dharma, or “eternal law”,[2] that is Hinduism.[3] This makes the majority religion, the de facto state religion. In fact, Article 9 (3) affirms that the national animal is the cow, which Hinduism regards as sacred.
At the same time, Article 18 of the constitution states that everyone is equal under the law without discrimination and has the right to equal protection irrespective of their “origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters.”
Article 26 (1) declares religious freedom to be a fundamental right whereby “Each person shall be free to profess, practice, and preserve his/her religion according to his/her faith.”
Religious freedom includes freedom to organise independent religious institutions. Article 26 (2) states, “Every religious denomination shall, maintaining its independent existence, have the right to manage and protect its religious places and religious trusts in accordance with [the] law.”
However, Article 26 (3) prohibits conversion and any act that might interfere with the religion of others, expressly noting that “no person shall… convert a person of one religion to another religion, or disturb the religion of other people. Such an act shall be punishable by law.”
This last provision was strengthened in the revised Criminal Code of Nepal,[4] which criminalises “outraging the religious feelings” of others (Chapter 9, Section 156), and prohibits attempts to “convert” others or undermine “the religion, opinion or faith of any [other] caste, race, [or] community (Chapter 9, Section 158).[5] Any offence under these provisions of the Criminal Code entail severe penalties of up to five years in prison and a fine of 50,000 rupees (just under US$500).[6]
The constitution’s anti-conversion provisions are perceived as specifically targeting Nepal’s Christian communities. Indeed, many have noted that since its enactment, Christians have been increasingly harassed and, in some cases, detained by local government officials due to allegations that they were converting Hindus, especially Hindu Dalits.[7] Their places of worship have also been bombed.[8]
Apart from religious hostility, the authorities present challenges to non-Hindu faith-based organisations in general and Christian groups in particular through red tape; for example, registration rules impose burdensome requirements and constraints on raising funds from abroad.[9]
In addition to the constitution and the criminal code, other laws and regulations discriminate against non-Hindus; for example, it is much easier for Hindu groups to obtain legal recognition than non-Hindu communities, who face obstacles in acquiring property for institutional use.[10]
In August 2024, Nepal’s National Assembly unanimously approved a new law titled[11] “A Bill to Amend the Disappeared Persons Enquiry, Truth and Reconciliations Commission Act, 2071.”[12] This legislation is meant to settle issues related to the human rights violations and abuses perpetrated during the country’s civil war (1996-2006).[13]
For proponents of the bill, the decision to enact this law marks a significant step in the nation’s commitment to the transitional justice process. However, critics have called the bill “perpetrator-friendly”, concerned that it is overly lenient towards people guilty of war crimes, with little chance of providing justice to victims.[14]
Incidents and developments
Since the adoption of the 2015 constitution and the introduction of the revised criminal code in 2018, which criminalise proselytism and conversion, Christians in Nepal have continued to face increasing legal and societal pressures.
Various incidents have been recorded throughout the reporting period, a trend compounded by the rise of Hindu nationalism (Hindutva) in neighbouring India, which has also had an impact in Nepal.[15]
Cow slaughter, considered a religious offense by many Hindus, led to arrests and convictions. For example, Pastor Buddhi Lal Chepang was sentenced to six months in prison for cow slaughter in May 2023.[16]
Between 20 August and 4 September, at least seven attacks were reported against Christian pastors across the country. Church properties were also damaged.[17]
On 15 August 2023, a video on social media went viral, claiming to show members of Indigenous communities eating beef in a village in eastern Nepal. Numerous members from Indigenous communities have become Christians over the past few years and have been attacked as a result. For Fr. Silas Bogati, the vicar general of the Vicariate Apostolic of Nepal, the abuse, “particularly targeting Christian minorities, is worrisome.”[18]
Also in August 2023, two people were released from custody after they arrested for slaughtering a bull and live streamed themselves eating bull meat. The video outraged members of the Hindu community, who demanded that the individuals be rearrested. Hindu organisations called for a protest on 26 August 2023 under the slogan “Bhadra Nau Dharan Jau,” which means “Let’s go to Dharan on Bhadra 9.”[19] Bhadra 9 is the ninth day of the month of Bhadra according to the Nepali calendar, which corresponds to 26 August 2023.[20]
On 14 September 2023, Hindu activists carried out an attack in the village of Kharhni, where they stormed a Christian gathering, dispersed the attendees, and smeared the faces of two pastors with black ink.[21]
On 30 July 2024, a two-story building was partially demolished following orders from the authorities who claimed that the structure was erected “without prior approval from the local body.”[22] The municipality claimed that the Nepal Life Word Ministries used the building to provide Church-related services when it only had a license to run a technical and vocational training institution. A Church official claimed that the demolition violated the 35-day notice for illegal structures, blaming the municipality for carrying out the demolition too quickly.[23]
In August 2024, a church in Dhanusha District was sealed by the authorities after allegations that it was conducting “mass conversions” of Dalit Christians.[24]
During the period under review, incidents also affected the Muslim community.
On 6 September 2023, communal violence broke out in Malangawa, Sarlahi District, during a Hindu Ganesh immersion procession passing near a mosque. Clashes between Hindus and Muslims left several injured and prompted the authorities to impose a curfew.[25] Even though both Muslims and Hindus were involved in the incident, only a Muslim man – Ajman Mikrani – was arrested and charged with attempted murder.[26] The selective response underscores concerns over government bias and unequal law enforcement in communal conflicts.
In October 2023, Nepalgunj, a town in southwest Nepal, was locked down to prevent tensions from escalating between Hindus and Muslims. The conflict began after a Hindu boy posted a controversial social media status about Muslims in the city. Muslims retaliated, and violence broke out in the city.[27]
On 3 February 2024, members of Nepal’s religious communities met in Kathmandu to celebrate World Interfaith Harmony Week and discussed the dangers of social media in sowing discord among the various faith communities.[28]
Prospects for freedom of religion
Certain provisions and penalties in Nepal’s constitution and criminal code can potentially legitimise and encourage unequal treatment, discrimination, and even persecution based on religion. The ban on conversion, for example, imposes severe restrictions on the religious freedom of minority groups, leaving them vulnerable to both legal and social abuse by majority Hindus, but also impinges upon the freedom of conscience of members of the majority community.
Thus, despite its formal commitment to secularism and equality before the law, Nepal’s constitutional and legal framework continue to privilege Hindu traditions and impose significant restrictions on religious minorities.
The emphasis on protecting “Sanatana Dharma” – understood primarily as Hinduism – creates a system that upholds the religious status quo and curtails individual freedom of conscience.
Nepali social structures and state institutions alike remain deeply rooted in Hindu norms, beliefs and practices, limiting the space for alternative beliefs. Minority groups, especially Christians and Muslims, increasingly face targeted hostility, discrimination, and selective law enforcement, as evidenced by multiple incidents during the reporting period. The growing pressure of Hindu nationalist groups on Dalits and Indigenous people who choose to convert to Christianity further underscores the precarious state of religious freedom. Unless major legislative reforms are introduced and existing constitutional contradictions addressed, the outlook for religious freedom in Nepal remains bleak.
Sources
Nepal