Final Verdict of Supreme Court of Nepal has made State Accountable Towards Destitute People

In 2014, FIAN Nepal jointly with JuRI Nepal filed a write petition (PIL) on Supreme Court of Nepal demanding state to be responsible for livelihood and social security of weak, helpless, destitute, living on extreme poverty, street children and defenseless old aged people. On 8th June 2016, Supreme Court of Nepal had made final hearing and issued a mandamus according to the demands of petitioners.

The mandamus order is issued on the name of opponents (Government of Nepal, Office of the Prime Minister and council of ministers’ office) with responsible to collect exact data of weak, helpless, destitute, extremely poor, street children and defenseless old age citizens and manage shelter and livelihood services to them within one year time for protection of fundamental right to life of such citizens.

However, the legal provision is being existed from last 5 decades on Chapter of Pauper on National Code 1963, but it has not implemented. In other hand, different acts and rules were enacted for the social protection of the people, but necessary structures are not made for the implementation of those laws. Targeted people have not been benefitted. Henceforth, the mandamus of Supreme Court created responsibility of the Government of Nepal to take care such citizens and provide necessary livelihood support as follows:

• Make appropriate action for establishment of a separate ‘Central Social Security Board’ with adequate resources to nurture the livelihood with appropriate shelter of weak, helpless, destitute, as well as women, children old aged citizens living in extreme poverty under the federal government (after the implementation of the constitution) structure.
• Extend such services in federal level under federal government to be formed according to the constitution with Federal Social Security Board.
• Form Social Security Unit in local level for collection and update actual data of such citizens.
• Formulate necessary organizational and legal arrangement to nurture the livelihood and appropriate shelter facilities to such citizens living in extreme poverty under existing programs such as Poverty Alleviation Fund, Self-Employment Fund and Bishweshwor with poor people.
• Form Social Security Management Fund allocating certain amount collected by Social Security Tax from public and privet sector’s employments and fulfilling the remaining amount by the Government of Nepal to manage the security of such citizens.

Provide this information to the opponent for proper implementation of the order and provide a copy of the order to the Court Monitoring and Observation Unit for the monitoring and periodic update of the progress of mandamus order implementation status.

Scanned Copy of the verdict