Constitution of Nepal

Provided that nothing written in this sub-section shall be deemed to prevent such person from being appointed and working in any political office or any office for conducting research, inspection or investigation on any subject or for presenting opinions, views or recommendations after studying or exploring any subject. 249. Functions, Duties and Powers of the National Human Rights Commission: (1) It shall be the duty of the National Human Rights Commission to ensure the respect, protection and promotion of human rights and its effective implementation.

(2) To fulfill the duty under sub-section (1), the National Human Rights Commission shall perform the following functions: -

(a) Investigate and inquire into the petition or complaint submitted or forwarded to the Commission by the victim himself/herself or by someone on his/her behalf, or any matter received by the Commission from any source or come to its knowledge, regarding violation or abetment of human rights of any person or group, and recommend action against the offender,
(b) If an official having the responsibility or duty to prevent human rights violations fails to fulfill his/her responsibility or perform his/her duty, or shows indifference in fulfilling the responsibility or performing the duty, recommend departmental action against such official to the concerned authority,
(c) If it is necessary to file a case against the person or institution violating human rights, recommend filing a case in the court in accordance with the law,
(d) Coordinate and cooperate with civil society for promoting awareness of human rights,
(e) Recommend to the concerned body, stating the reasons and grounds, for departmental action and punishment against the violator of human rights,
(f) Periodically review the laws relating to human rights and recommend to the Government of Nepal for necessary improvements and amendments,
(g) If Nepal should become a party to an international treaty or agreement relating to human rights, recommend to the Government of Nepal with reasons, and monitor whether treaties or agreements Nepal has already become a party to have been implemented or not, and if found not implemented, recommend the Government of Nepal to implement them,
(h) Publicize, in accordance with the law, the name of the official, person or body who does not comply with or implement the recommendation or directive made by the National Human Rights Commission regarding human rights violations, and maintain a record as a human rights violator.

(3) While performing its functions or duties, the National Human Rights Commission may exercise the following powers: -

(a) Summon any person before the Commission and take information or statement, or make him/her depose, examine evidence, require the production of exhibits, exercising the same powers as a court,
(b) If the Commission receives information from any source that a serious violation of human rights is about to occur or has occurred, enter, without notice, any person or his/her residence or office, conduct search, and seize documents, evidence or exhibits related to the human rights violation during such search,
(c) If it appears necessary to take immediate action upon knowledge that a person's human rights are being violated, enter a government office or other place without notice and carry out rescue,
(d) Order compensation, in accordance with the law, to the victim of human rights violation.

(4) The National Human Rights Commission may delegate, subject to the specified conditions, any of its functions, duties and powers to the Chairperson, any member or an employee of the Government of Nepal for exercise and compliance.

(5) Other functions, duties, powers and procedure of the National Human Rights Commission shall be in accordance with the federal law.