A group of journalists, human rights advocates, and lawyers led by advocate Abhaya Raj Joshi has filed a writ petition at the Supreme Court seeking the annulment of Section 295 of the Muluki Criminal Code, 2074. This provision criminalizes taking or publishing photographs of individuals without their consent, even in public places. The petitioners argue that this clause poses a serious threat to press freedom, freedom of expression, and the right to information as guaranteed by the Constitution of Nepal 2015.

The petitioners claim that Section 295 has led to legal confusion and emboldened attempts to suppress journalistic activity under threats of prosecution. They argue that the provision contradicts the Constitution, international human rights treaties, and established legal standards regarding public interest and freedom of the press. Even public figures, they say, have started harassing journalists for clicking their photographs in public places, citing this provision.

The writ petition calls on the Supreme Court to declare the provision unconstitutional and to issue a mandamus order to prevent its enforcement. The petitioners have also requested interim relief until a final verdict is delivered, citing growing instances of intimidation against photojournalists.

According to the Federation of Nepali Journalists (FNJ), there were 73 incidents of press freedom violations in the one-year period from 4 May 2024, to 30 April 2025. This marks an increase from the 62 incidents recorded during the same period the previous year. The FNJ notes that such incidents are on the rise and increasingly linked to the misuse of Section 295.

A preliminary hearing on the writ is scheduled for Aug 6.