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Consumer rights are the rights granted to the consumer. According to Section 2(d) of ‘The Consumer Protection Act, 2075’, a consumer means a person or institution that consumes or uses any good or service. We, every human being, are consumers, as our daily lives are tied to consuming various goods or services, be it the vegetables we buy in the markets or the dental services we render in the clinic. Consumer rights are crucial for ensuring that consumers receive quality foods and services at fair pricing.

Present laws governing consumer rights

The foundational legal framework for Consumer Rights is the Constitution of Nepal. Article 44 of the constitution mentions consumer rights as a fundamental right and guarantees the right to obtain quality goods and services, as well as the right of compensation if such rights are violated. The government of Nepal has also enacted the Consumer Protection Act, 2075, which further ensures the various rights of consumers and states the liability of the seller, distributor, and other entities involved in the chain of supply of goods and services to consumers and further enforces regulatory provisions.

Section 3 of the Consumer Protection Act 2075 outlines key consumer rights. Under this section, every consumer is provides but not limited to the following rights:

a) The right to choose quality goods or services at a fair and competitive price.

b) The right to information about price, quality, purity, etc.

c) The right to obtain information from the producer, importer, or seller regarding the quality, ingredients, or percentage of substances contained in the goods made of or produced with a mixture of two or more substances, and others.

d) Consumers also have the right to take appropriate legal action and obtain compensation for harm caused by unfair trade if such rights are violated.

Additionally, Section 14 of the same act also provides consumers with the right to return goods or other similar goods equal to the price of the bought goods within seven days if they wish to return or are not satisfied with the goods purchased from the seller. And in the case of sealed goods, within fifteen days, if the seal of the product is not broken. 

Article 16 further prohibits unfair trade and business activities, including fake advertisements, lying about goods or services, creating artificial shortages, refusing to issue bills, selling expired goods, etc.

The complaint mechanism is specified in Section 36, which provides that an individual can file a complaint with the Central Market Monitoring Committee, Department, or Inspection Officer along with information, proof, and evidence through written, oral, or electronic means. And also ensures the identity of the complaining person will be kept confidential. 

Section 39 and section 40 outline the penalties. Section 39 mentions imposing a fine starting at 5,000 and above as per the nature of the offense committed against the consumer, while the later section mentions the provision of imprisonment for three months or more as per the nature of the offenses committed. Also, according to the National Penal Code, 2074, Section 273, if a person makes or uses a false instrument for weighing and measuring, he or she is awarded up to 3 years of imprisonment and up to a thirty thousand rupee fine.

Realities

Despite the rights guaranteed under the law, the reality of the enforcement of consumer rights at ground level in Nepal is totally different. There is a heightened number of unfair practices in the market causing a stark contrast between words and reality experienced by consumers. Some of which are:

a) The consumer cannot return the product if they are not satisfied with it. Shopkeepers refuse to take back the sold items.

b) The consumer encounters false and misleading advertisements. For example, many products are sold stating about being eco-friendly and using natural ingredients, despite having a higher percentage of chemicals.

c) There is a lack of clear labeling of the product leading to consumer deception. The quality of the goods doesn’t sometimes meet the standards prescribed by the authority. For example, the Wai Wai noodles produced by the Chaudhary Group were fined Rs 200,000 for poor quality oil and an abnormal value of acid.

d) Consumers are charged a higher price than the marked price of the product. For example, mineral water, cool drinks, and other beverages are charged more than the labeled price on the bottle. And during festival time, the transportation fares are raised up to triple or more than the assigned fare.

e) Many sellers sell expired items which could affect the health of the consumer. For example, in Feb 2022, Sparsh Food Products and Packaging Company was raided by the police and found to be using expired bakery products.

f) Many foods are found contaminated with unhealthy ingredients, especially grains, rice, dairy products, etc. For example, in January 2024, the Metropolitan Crime Division arrested Naresh Shrestha of Sindhupalchok for producing and selling fake honey. The police also confiscated 600 kg of the bogus product, which he had made by mixing glucose and sugar.

The above-stated realities are a few of many incidents happening in our country, leaving even the regulatory provision of online deceptions and fraud to consumers.

Some of the factors contributing to the ineffective implementation of consumer rights are:

a) Lack of Knowledge is one of the main reasons why consumers endure such violations of consumer rights by sellers. Nepal is one of the countries where there is the least knowledge about consumer law among citizens, and sellers have been taking enormous advantage of it, especially in rural areas.

b) Complex complaint mechanisms are also another contributing factor which leads consumers to remain silent despite having knowledge of the violation of their rights, whereas some simply don’t want to engage in the hassle of the legal process. They wear off or let go of the facts and comply with the act of the seller, because of which the authorities are cuffed to taking any measure against such a person.

c) The lagging performance of duty by the authority is also another major factor in consumer rights violations in Nepal. The investigating and monitoring mechanisms are less assertive in their duties, which has failed to control the wrongdoer and hold them accountable for their acts.

 So, for the enhancement and implementation of consumer rights from words to reality in Nepal, the consumer must be made aware of their rights, especially in the local and rural areas of Nepal. The consumer further needs to come forward in case of a violation of their rights. The authority and watchdogs should also regularly and actively inspect the market, implement surprise checks, make laws stricter to hold the sellers more accountable regarding consumer right violations.

Swekshya Karki

BA LLB IVth Year

Kathmandu School of Law

Following my thrilling cycling escapades to Kalinchok, Sailung, Tarke Ghyang, and Chitlang, my 13-day trek to Upper Mustang in 2018 was the absolute humdinger. The rugged terrain, the breathtaking views, and the camaraderie with fellow trekkers and cyclists, who became more like a family, made it an unforgettable experience.

I then set my sights on the iconic Annapurna Circuit for 2020, the prize trail coveted by international and domestic trekkers and cyclists. Spring (March-May) and autumn (mid-Sept to mid-Oct) are the shoulder seasons for trekking the Annapurna Circuit.

The Circuit offers a feast for the eyes, with breathtaking views of the Himalayas. The majestic Annapurna massif, Annapurna I to IV, stands tall, followed by a whole shebang:  Dhaulagiri (8167m), Manaslu (8156m), Nilgiri (7061m), Machhapuchhre (6993m), Hiunchuli (6443m), Lamjung Himal (6983m), Tukuche peak (6920m), and Tilicho peak (7134m), among others (43 peaks overall).

Deemed as demanding, the trail/dirt road rises from as low an elevation as 760m to a soaring 5,416m (Thorang La pass). The Circuit, which encompasses 230 km, gets underway from Beshisahar, Lamjung, traverses Manang across to Mustang, and culminates at Beni, Myagdi.

The Annapurna Circuit also distinguishes itself for Yak Attack, touted as the highest and most challenging mountain bike race on earth with extremes of temperature and the harshest terrains.

The global pandemic, a force beyond our control, abruptly halted our plans for 2020, including the Annapurna Circuit. In early 2020, Covid-19 hit Nepal hard, followed by frequent blanket lockdowns, and life seemed to come to a grinding halt. Given the Covid-19 fallout, Mustang and Manang officially drew the curtain for visitors, and uncertainty loomed over the future of adventure travel.

Raju, my trusted cycling companion, and I meticulously planned our 13-day tour itinerary of the Annapurna Circuit. After the government lifted all Covid-19-related restrictions in the first week of March 2022, we began our preparations in earnest. We studied the weather patterns, mapped the route, and prepared our gear. After much brainstorming, we finally set out our trip following the Dashain holidays, ready to face whatever challenges lay ahead.

Both Manang and Mustang had opened their doors to visitors, and Kathmandu gradually saw the influx of foreign tourists, but uncertainty and doubts still hung in the air. “Something could go wrong any time,” said Raju.

However, our journey was not without its share of unexpected challenges. Just before Dashain, a sudden bout of precipitation caught the country off guard. It persisted throughout the festival, triggering a series of landslides and flooding on the road from Beshisahar to Manang, bringing all traffic to a standstill.

We had no choice but to hold back with a snowball’s chance in hell for the roads to open shortly. And the Tihar festival was around the corner into the bargain. But we didn’t give up. Thankfully, the fogs cleared—the rains ceased, and the roadway opened. And we scheduled our delayed expedition after the Tihar festival in the second week of November—our fingers crossed.

The big day arrived for our epic ride, and we shuttled our bikes to the Gongabu bus terminal. We planned to take a bus, but the hassle and chaos at the bus station made us change our minds, and we opted instead for a public Hiace van with our bikes adequately loaded on the roof.

“Finally, we did it; nothing can stop us now—until the kingdom comes,” Raju exclaimed with a mix of relief and excitement as the van started moving, Besisahar-bound—the kick-off point for our thrilling cycling adventure.

After four hours of a bone-jarring ride on the Prithivi Highway to Dumre, the once-paved road to Beshisahar was challenging. It was reduced to anything but pits and potholes, causing us to pitch and toss as the van lurched along almost the entire journey. 

What bothered us most was the plight of our bikes on the van’s roof. We ensured they were well-secured each time the van pulled up for lunch or tea breaks.

Phew! After almost four hours of a bone-jarring ride, to our great relief, we finally arrived in the late afternoon at Beshisahar, 178km away from Kathmandu. Beshisahar, day one on our itinerary, was our stopover for the night and the onset of our cycling to Manang. We checked into a nearby hotel.

Contrary to our expectations, Beshisahar, the district headquarters of Lamjung, turned out to be a large city with fancy houses, trendy shops, and a score of eateries, including in-vogue fast-food joints and diners. The Bazar area bustled and crawled with people; hawkers peddled their wares, and the traffic flow remained steady.

Less than 800m from the sea level, the weather of Beshisahar, even in mid-November, appeared balmy and rather pleasant. The urban sprawl extended to the banks of the Marshyangdi River. The bluish-chalky river kept us company without a break throughout our ride from the town of Dumre.

After a brief stroll across the town center, we returned to the hotel to check our gear and make the last-minute preparations. The thought that we would spin off the next day made us so thrilled we could die!

I, for one, had a mix of excitement and nervousness.

As I gazed at the rugged landscape and the daunting hills ahead, I couldn't help but wonder: Was I pushing past my limits, no longer a spring chicken at age 70? But the thrill of the adventure and the unwavering camaraderie with Raju made me all the more stubborn and dead set.

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The Maoist insurgency in Nepal, also known as the People’s War, led to widespread human rights abuses by both the Maoist rebels and the government forces. Enforced disappearances were a common tactic used during this period, with numerous individuals abducted and never seen again. According to reports from various human rights organizations, including the United Nations, hundreds of cases of enforced disappearances occurred during the conflict. The families of the disappeared have been left in a state of perpetual uncertainty and grief, without any information about the fate or whereabouts of their loved ones.

The Comprehensive Peace Accord (CPA) of 2006 was an agreement that ended the civil war and laid the foundation for peace and reconciliation in Nepal. Among its various provisions, the CPA emphasized the need to address human rights violations committed during the conflict, including enforced disappearances. It pledged to establish mechanisms for truth-seeking, reconciliation, and justice, including the formation of Truth and Reconciliation Commission (TRC) and Commission on Investigation of Enforced Disappeared Persons (CIEDP).

Despite these commitments, the progress in addressing the issue of enforced disappearances has been slow and inadequate. The TRC and CIEDP were only established in 2015, nearly a decade after the signing of the CPA, and have faced numerous challenges, including political interference, lack of resources, and limited mandates. As of now, many families of the disappeared are still awaiting answers and justice.

The Supreme Court of Nepal has played a crucial role in addressing the issue of enforced disappearances. In a landmark decision in 2007, the Court ordered the government to criminalize enforced disappearances and establish a commission to investigate such cases. This decision underscored the need for legal reforms and accountability mechanisms to address enforced disappearances in accordance with international standards.

Subsequent Supreme Court rulings have reiterated the importance of ensuring justice for victims of enforced disappearances. For instance, in 2015, the Court struck down several provisions of the TRC and CIEDP Act, which were deemed inconsistent with international human rights norms, particularly concerning amnesty provisions for serious human rights violations. The Court emphasized the necessity of prosecuting perpetrators of enforced disappearances and providing truth and reparations to victims’ families.

Nepal’s 2018 penal code made enforced disappearance a criminal offense under domestic law for the first time. Nepal has taken some steps towards addressing enforced disappearances through national laws and commissions. The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act of 2014 established the TRC and CIEDP with the mandate to investigate conflict-era human rights violations and recommend actions for reparations, prosecutions, and institutional reforms. However, these commissions have been criticized for their inefficacy and lack of independence.

The CIEDP, in particular, has struggled to fulfill its mandate. As of 2024, A total of 3,288 complaints have been submitted to the Commission of Investigation on Enforced Disappeared Persons. It has yet to complete its investigations into the thousands of cases submitted by victims' families. The slow pace of investigations and the lack of concrete outcomes have undermined public confidence in the commission. It also highlighted the need for stronger legal and institutional frameworks to address enforced disappearances effectively.

ICPPED: A path forward

The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), adopted by the United Nations General Assembly in 2006, is a comprehensive international treaty aimed at preventing enforced disappearances, ensuring accountability, and providing justice and reparations to victims and their families. It establishes the right of individuals not to be subjected to enforced disappearance and the right of victims and their families to know the truth about the circumstances of enforced disappearances and the fate of the disappeared persons.  

Why should Nepal ratify ICPPED?

Enhancing accountability and justice: The ICPPED requires state parties to ensure that enforced disappearances are investigated thoroughly and perpetrators are brought to justice. Ratifying the convention would impose a legal obligation on Nepal to prosecute those responsible for enforced disappearances, regardless of their political affiliation.

Improving institutional capacity: Compliance with the ICPPED would likely lead to increased international support and cooperation, including technical assistance and capacity-building initiatives. Such support could enhance the operational capacity of the TRC and CIEDP. 

Providing a framework for reparations: The ICPPED outlines the rights of victims and their families to receive reparations, including restitution, compensation, rehabilitation, and guarantees of non-repetition. Ratifying the convention would reinforce Nepal’s commitment to addressing the needs of victims comprehensively. This would include not only financial compensation but also measures for psychological and social rehabilitation, which are crucial for the healing process.

Promoting transparency and public trust: Ratification of the ICPPED would require Nepal to adopt measures ensuring transparency in the handling of enforced disappearance cases. This includes maintaining accurate records, providing information to families, and making investigation findings public. Greater transparency would help restore public trust in the TRC and CIEDP, as well as in the broader justice system. 

Aligning with international standards: By ratifying the ICPPED, Nepal would align its domestic policies with international human rights standards. This alignment would enhance Nepal’s international standing and demonstrate its commitment to upholding human rights. It would also facilitate cooperation with international bodies and other countries in addressing enforced disappearances, including in the areas of extradition, mutual legal assistance, and sharing of best practices.

Ratifying the International Convention for the Protection of All Persons from Enforced Disappearance is not merely a symbolic gesture for Nepal; it is a necessary step towards addressing a painful chapter in its history, ensuring justice for victims, and upholding the rule of law. Given the historical context of enforced disappearances during the conflict, the commitments made under the Comprehensive Peace Accord, the existing national laws and commissions, and the directives of the Supreme Court, Nepal has both the moral and legal imperative to ratify the ICPPED. Doing so would strengthen its legal frameworks, enhance accountability, provide closure to victims’ families, uphold international human rights obligations, and fulfill its commitments to peace and justice.

People always stay in memories

Not in life

I really don’t know why

Sometimes I want to cry

I wish to scream and shout

And let my feelings out

I am living like a queen

But still I miss something

I have nothing less

But I can’t feel happiness

Insides my bones am trapped

And with a skin am wrapped

Within myself I do hide

I feel no pain or joy inside

My life has come to a pause

In silence my days all pass

My heart has turned to numb 

I am just waiting for end to come

With no more hopes to persist

My dreams have ceased to exist

With no more paths to follow

My heavy heart is hollow

With emptiness all alone

I can feel my tears rolling down

I really don’t know why

Sometimes, silence makes me cry

Silence makes me cry

Sujata Shrestha 

Grade: X

Tripadma Vidhyashram Secondary School