Nepal Supreme Court Orders Due Process for Squatter Evictions
Translated from English, summarized and contextualized by DistantNews.
TLDR
- The Supreme Court issued an interim order preventing the government from evicting squatters without due legal process.
- The order emphasizes the need to protect constitutional rights, including housing, education, and health, and warns against humanitarian crises.
- The court also directed the government to provide housing, education, health services, and food support for displaced individuals.
In a significant ruling that upholds the rights of informal settlers, Nepal's Supreme Court has intervened to halt arbitrary evictions. The apex court's interim order directs the government to ensure that no squatter or informal settler is displaced without strict adherence to due legal procedures. This decision comes in response to a petition challenging the removal of settlements in Kathmandu, highlighting a growing concern over the protection of basic human rights for vulnerable populations.
The court's bench, comprising Justices Kumar Regmi and Nityananda Pandey, underscored the potential for irreparable harm to constitutional rights, including the rights to education, health, and housing. The order explicitly warns of the risk of a humanitarian crisis if evictions proceed without adequate safeguards and proper relocation plans. This judicial oversight serves as a crucial check on executive actions that could disproportionately affect marginalized communities.
Furthermore, the Supreme Court has taken a proactive stance by referring to concerns raised by the National Human Rights Commission regarding the inadequate protection of basic needs for squatters. The directive for the government to arrange housing, education, health services, and food support for those already displaced demonstrates a commitment to addressing the immediate needs of affected individuals. The case has been prioritized for a swift hearing, signaling the court's intent to ensure timely justice and establish clear legal precedents for future actions concerning informal settlements in Nepal.
Originally published by Kathmandu Post in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.