Rights of the Child (Article 39) and Children Act 2075

Exam Snapshot

Article 39 of the Constitution of Nepal provides the fundamental rights of children, while the Children Act 2075 serves as the enabling legislation that details the mechanisms for juvenile justice, child protection, and the prohibition of exploitative practices.

Core Concept

Nepal Law Anchors

Confusable Terms

Term Distinction
Child Any person under 18 years of age (Constitution & Act).
Minor Often used in civil contexts for those under 18 who cannot enter valid contracts independently.
Child in Conflict with the Law A child alleged or accused of committing an offence.
Victim Child A child who has suffered harm as a result of an offence.

MCQ Traps

Example

A minor is accused of theft. Under the Children Act 2075, the child must be produced before the Juvenile Bench, not a regular criminal court. The focus must be on social reintegration rather than custodial sentencing. If detained, the child must be kept in a Child Correction Home, never an adult prison.

Memory Hook

Think of "39" as "3 + 9" = the 3 pillars (Protection, Development, Participation) and the 9 key clauses in the Constitution protecting the future of the nation.

Quick Revision