Rights relating to Health (Article 35), Food (Article 36), and Housing (Article 37)
Exam Snapshot
These rights (Articles 35-37) fall under the category of socio-economic rights in the Constitution of Nepal. They mandate the State to guarantee essential services to citizens, transforming these basic needs into justiciable fundamental rights.
Core Concept
- Right to Health (Article 35): Every citizen has the right to free basic health services from the State. No one shall be deprived of emergency health services, and everyone has the right to clean drinking water and sanitation.
- Right to Food (Article 36): Every citizen has the right to food, the right to be free from hunger, and the right to food sovereignty as provided by law.
- Right to Housing (Article 37): Every citizen has the right to appropriate housing. No citizen shall be evicted from the existing residence or infringed upon their residence except in accordance with the law.
Nepal Law Anchors
- Constitution of Nepal: Articles 35, 36, and 37.
- Public Health Service Act, 2075.
- Right to Food and Food Sovereignty Act, 2075.
- Right to Housing Act, 2075.
Confusable Terms
- Right to Health vs. Right to Free Basic Health Service: Article 35(1) specifies 'basic health service' as free, not all medical treatments.
- Right to Food vs. Food Sovereignty: The right to food focuses on consumption, while food sovereignty (Article 36(2)) emphasizes the right to produce and access food systems.
MCQ Traps
- Universal Free Care: MCQs often test if all health services are free. The Constitution specifies basic health services are free.
- Absolute Right to Housing: The right to housing is not a guarantee of a free house, but a right to 'appropriate' housing and protection from 'illegal/arbitrary eviction'.
Example
If an individual is denied emergency life-saving treatment at a government hospital, this is a direct violation of Article 35(2). If the state arbitrarily demolishes a settled home without legal due process, it violates Article 37.
Memory Hook
- Article 35: Health (Think 3-5 days of sickness).
- Article 36: Food (Think 3 meals a day, 6 days a week).
- Article 37: Housing (Think 37 is a House number).
Quick Revision
- Article 35: Free basic health, emergency care, water, sanitation.
- Article 36: Food, freedom from hunger, food sovereignty.
- Article 37: Appropriate housing, protection from eviction.
- These rights are justiciable via the Supreme Court under Article 133.