State’s role in abolishment of Discrimination against Dalit

Author: Ratnapriya Sinha

Equality is a key principle in both international human rights and national constitutions, seen in the French Revolution’s Declaration, the U.S. Fourteenth Amendment, and the International Covenant on Civil and Political Rights. In Nepal, the Constitution guarantees equal protection under the law and supports affirmative action for marginalized groups like Dalits. Yet, despite these legal protections, Dalits still face discrimination and exclusion due to the caste system, limiting their access to education, healthcare, and jobs.

The Dalit Rights Movement has played a pivotal role in pushing for legal reforms, leading to constitutional changes that promote equality and social justice. In this blog, we will explore the legal protections for Dalit community in Nepal, landmark court decisions, and ongoing efforts to address discrimination. We will also discuss recommendations to ensure the full implementation of Dalit rights and greater opportunities for all.

Image Source: Republica [1]

Key Definitions:

  • Equality: A core principle in both international human rights and national constitutions, emphasizing equal protection under the law. Important legal documents like the French Revolution’s 1789 Declaration, the U.S. Fourteenth Amendment, and the International Covenant on Civil and Political Rights (1966) all highlight this principle. In Nepal, Article 18 of the Constitution guarantees equality before the law, prohibits discrimination, and supports affirmative action for marginalized groups, including Dalits.
  • Social Exclusion: Refers to the disadvantage faced by individuals or groups due to discrimination based on gender, caste, ethnicity, or religion. This exclusion occurs in both formal systems like legal and education institutions, and informal settings such as communities and households.
  • Social Inclusion: The process of removing barriers and increasing access to opportunities for marginalized groups by changing policies, practices, and societal attitudes.
  • Gender: The socially constructed roles and identities of men and women. In Nepal, women often face unequal power dynamics due to patriarchy.
  • Caste: A Hindu hierarchical system that discriminates against Dalits in Nepal, who make up 13% of the population. Dalits are divided into Hill and Madhesi Dalits.
  • Adivasi Janajatis: Indigenous groups in Nepal with distinct languages, customs, and identities. There are 59 such groups recognized based on socio-economic status.
  • Madhesis: A group primarily speaking Maithili and Bhojpuri, often facing exclusion based on regional identity.
  • Muslims: Representing 4.3% of Nepal’s population, Muslims also experience marginalization based on religious identity.[2]

Analysis of Legal Protection and Other reservation laws

The Dalit Rights Movement in Nepal has played a crucial role in challenging caste-based discrimination and advocating for the rights of Dalits, one of the country’s most marginalized groups. The movement gained significant momentum in the late 20th and early 21st centuries, pushing for legal reforms and social recognition. Activists and organizations within the movement have worked tirelessly to end untouchability, demand equal opportunities, and raise awareness about Dalit issues.

Key achievements of the movement include influencing constitutional reforms that guarantee equality and social justice for Dalits, such as the abolition of untouchability and caste-based discrimination. The movement also led to the establishment of the National Dalit Commission; a constitutional body tasked with protecting Dalit rights. Through their efforts, Dalit leaders have secured political representation, affirmative action, and increased access to education, healthcare, and employment for Dalit communities in Nepal. Despite ongoing challenges, the Rights Based Movement remains a powerful force for social change and the promotion of equality in Nepal.

Various international and national legal frameworks address Dalit rights and discrimination. Internationally, instruments like the Universal Declaration of Human Rights (1948) emphasize equality and non-discrimination. Historically, documents such as the Magna Carta (1215) and the American Declaration of Independence (1776) influenced global movements for the rights of downtrodden people. Nationally, the Muluki Ain 2020 repealed provisions institutionalizing untouchability, while the Untouchability (Crime and Punishment) Act 2068 criminalizes racial discrimination. Other laws, such as the Citizenship Act 2063 and Education Act 2068, further protect Dalit rights. The Government of Nepal Act 2004 and Interim Government of Nepal Act 2007 promoted legal equality, non-discrimination, and welfare, guaranteeing no discrimination on grounds of religion, caste, or gender. The Constitution of Nepal (2015 and 2019)upholds the right to equality, prohibits caste-based discrimination, and ensures equal inheritance and protection for marginalized groups. The Interim Constitution (2063) banned untouchability and caste-based discrimination, providing special provisions for Dalits, Indigenous peoples, and other marginalized groups. The Constitution of Nepal (2072)emphasizes social justice, equality, and protection from untouchability. It ensures proportional representation for Dalits in political bodies and public services, access to education, healthcare, and social security. It also aims to uplift Dalits and Indigenous communities. Institutionally, the Ministry of Women, Children, and Social Welfare (MWCSW) promotes gender equality and social welfare, while the National Dalit Commission works to protect Dalit rights. However, both agencies face resource constraints and institutional gaps, limiting their effectiveness in addressing Dalit issues.[3]

Image Source: Khabarhub [4]

Case studies and Landmark decisions

  1. Iman Singh Gurung V. Government of Nepal: The Supreme Court declared Section 1(3)D) of the Military Act, 2016 B.S. void for violating the equality provision in the Constitution, affirming every citizen’s right to seek justice in ordinary courts.
  2. Man Bahadur BK V. Nepal Government: The Supreme Court ruled that No. 10(A) of the Muluki Ain 2020 B.S. promoted untouchability in temple and religious premises, violated the Right to Equality, declaring it unconstitutional.
  3. In a landmark verdict relating to the mass killing of Dalits in West Rukum in 2020. The District Court sentenced 24 individuals to life imprisonment on murder charges, and two others to two years in prison and a fine of Rs50,000 each on charges of practicing caste-based discrimination and untouchability.[6]
Image Source: Setopati [5]
Image Source: Nepal Times [7]

Conclusion and Recommendation

The Interim Constitution of Nepal addresses Dalit rights in various ways, emphasizing their participation in state structures based on proportional inclusion. It guarantees the right to protection against exploitation, discrimination, and untouchability, and mandates special provisions for the upliftment of Dalits, women, and other marginalized groups. The Constitution also highlights the creation of commissions and legal provisions to ensure Dalit rights and their all-round development. Notable articles (such as 138, 215, and 216) establish systems for Dalit representation at various levels of governance, promoting their political inclusion. The National Dalit Commission is recognized as a constitutional body tasked with guiding Dalits in preserving their values and rights. While reservation or affirmative action is controversial, it is seen as necessary to address historical discrimination and marginalization. The Constitution’s focus on proportional representation and affirmative action is crucial for the advancement of Dalits and other minorities in Nepal. Given the historical tyranny and discrimination, the Constitution aims to restore equality and promote the participation of marginalized groups in political, social, and economic spheres. This system is vital for national unity and development, as long-term exclusion harms the nation-building process. Therefore, implementing policies for the upliftment of minorities is essential to achieving equality and social justice.[8]

For the Effective Implementation of Dalit Rights there are some reasonable recommendations, which are related to upliftment of Dalit Rights which are:

  1. Promote Education and Awareness: Conduct educational programs to challenge caste and race supremacy mindset, promote equality, and bring caste groups together. Mass media should be utilized to spread awareness, and funding should support non-governmental organizations (NGOs) working on Dalit issues.
  2. Strict Implementation of Laws: Ensure the strict implementation of national and international legal provisions, identify and reform discriminatory laws, and enforce Dalit rights protected by law.
  3. Empowerment and Protection of Dalits: Establish protective laws, committees, and governmental bodies to safeguard Dalit victims and their rights, with political parties focusing on the protection and advancement of Dalits and backward classes.
  4. Research and Policy Development: Conduct research to understand the needs of Dalits and create policies addressing those needs, ensuring that Dalit voices are raised and considered in both governmental and non-governmental platforms.
  5. Create Opportunities and Representation: Provide opportunities for Dalits in essential services, job markets, education, and health. The state should encourage open competition and create a supportive environment for Dalit representation in governance and development, beyond just quota systems.

[1] Republica,” Dalit activists organize shirtless rally from Maitighar to New Baneshwar” September 14, 2024. Available at: https://myrepublica.nagariknetwork.com/news/dalit-activists-conduct-shirtless-rally-from-maitighar-to-new-baneshwar-in-pictures 

[2] Asian Development Bank, ”Overview of Gender Equality and Social Inclusion in Nepal”, 2010, Available at: https://www.adb.org/sites/default/files/institutional-document/32237/cga-nep-2010.pdf 

[3] Bashyal, Krishna Prasad,”Dalit Rights in the Constitution of Nepal”, Nepal Law Review, 2019, Pg: 112

[4] Khabarhub,“Dalit community protests against unequal ministerial and political appointments” August 10, 2024. Available at: https://english.khabarhub.com/2024/10/374261/?fbclid=IwY2xjawH1jBdleHRuA2FlbQIxMQABHfF2k47uKtHJC38hzOyiGrszJakMlvjh9nsx5Z9mv-aZvB48TnhpZBq4Vg_aem_q3sSPCLEd5xaJtvIU33aQQ

[5] Setopati,”Youths in shackles hold protest march for Dalit rights”,September 19, 2024. Available at: https://en.setopati.com/social/163703

[6] The Kantipur Post “Life sentences for 24 in 2020 murder of six Dalit youths”, December 22, 2024. Available at: https://kathmandupost.com/national/2023/12/05/24-get-life-sentence-for-rukum-west-massacre

[7] Nepal Times, “Black lives matter but Dalit lives don’t?” Available at: https://nepalitimes.com/here-now/black-lives-matter-but-dalit-lives-dont

[8] Prasai, Dilli R., Issues of Reservation and Affirmative Action for Minorities in Nepal an Anthropological Review”, Himalayan Journal of Sociology & Anthropology – Vol. VII (2016).

Author Introduction

Ratnapriya Sinha is an experienced advocate with a decade of practice in the legal sector. She completed her Bachelor's degree in Law from Kathmandu School of Law and later pursued a Master's degree in Law from Nepal Law Campus. Over the course of her 10-year career, Ratnapriya has honed her expertise in multiple areas of law, providing insightful counsel and effective representation to her clients. Her dedication to justice and in-depth legal knowledge have earned her respect within Nepal's legal community.

The views and opinions expressed in the piece above are solely those of the original author(s) and contributor(s). They do not necessarily represent the views of Governance Monitoring Centre Nepal and/or Centre for Social Change.