Access to Justice
General Situation
The Constitution provides locus standi to each individual to bring legal action against
violations of rights granted by law of the Constitution, or when no remedy has been
provided, or where such remedy is inadequate or ineffective. Similarly the Civil Code
Chapter on Court Procedure Section 10 also provides locus standi to any individual to
bring a case to the judiciary if the case is of a public interest. However, the Supreme
Court of Nepal has established the principle of substantial interest and meaningful
relationship of the petitioner with the claim. In the case of private claim, the claimant
must prove the interest and concerns and supporting legal provisions when bringing a
claim to the court. There are clearly defined claims of confidentiality in court
regarding cases of public interest related litigation. The hearing of the case is carried
out in open bench and the information about the proceeding of the litigation is easily
available to the parties of the case and lawyers involved. Provision of legal aid and
counselling service is also guaranteed although this is normally focused on the legal
justice system.