The Dalits of Nepal are socially, politically, economically, educationally and religiously backward and discriminated against. The population of Dalit represents 13.05 percent of the total population of the country. Still this statistic is debatable. Dalit leader, intellectuals and non-government organisations working for Dalit are refusing this statistic. They claim that the Dalit population represents around 20 percent of the total population. There are two reasons behind the less number of Dalit i.e. the family names of Dalit are similar to higher caste and some Dalit do not like to be recognised as Dalit.
The Dalit movement was initiated in 2004 in Nepal. Before that, the pace of the movement was slow. At that time, this issue was raised as social issue but not as a human right. After democracy dawned in the country in 2007 BS, the government denied to take the issues of Dalit seriously between 2007 to 2020. The Dalit leader played a vital role in shaping the Dalit movement in this period, preparing guidelines for the movement. They entered in the temple of Lord Pashupatinath. Political parties were also reluctant to raise the issue of Dalit in the meantime.
Legally, the caste discrimination and untouchability were prohibited in 2020 following the introduction of New Legal Code 2020. This was really a positive initiative from the government because it was a historical breakthrough for Dalit. Nevertheless, that legal code was not fully practiced in the daily life due to social obstacle and reluctance of the government. The Dalit leaders also continued the movement during Panchayat regime for dignified life. Some Dalit leaders were appointed in the parliament (Rastriya Panchayat). At that time, the government did not work for Dalit intensively.
After the restoration of democracy, the constitution of the kingdom of Nepal absolutely avoided all kinds of discrimination among people. The constitution claimed that all citizens shall be equal before the law and no person shall be denied the equal protection of the laws. The state also committed that the state shall not discriminate citizens on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these. The state has also committed that no person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law.
The legal code was reformed after the restoration of democracy. Even though the government provisioned not to enter the temple for Dalit. So, it can be proved that the people who are in decision-making level are very negative on the issues of Dalit even now. Therefore, the provision of the legal code inconsistent with the constitution was null and void after a petition was filed in the Supreme Court. The legal code has made provision that social discrimination and untouchability were punishable. Nevertheless, only few cases have been registered in the court.
Dalit leaders, non-government organisation, the state, political parties and others are working for Dalit though there are no fundamental changes in the lives of Dalit. The main reason behind it is the lack of reservation for them. Provision of reservation must be made for Dalit due to following reasons:
Social discrimination
Dalits are not allowed to marry with other high caste and even in other Dalit castes. If they marry with high caste or even in the other Dalit communities society does not accept and they have to live outside the village and city. They are not allowed to take out drinking water from the same wells used by Brahman and Chhetri in the same time. They are not allowed to enter the hotels, shops or high caste peoples’ home. They have to wash glass and plates after drinking tea and eating food in hotels and homes. In the rural area, they are not allowed to sit or eat with high caste people at social gatherings, ceremonies, feasts and festivals. Social boycott is done as a method to punish if they disobey the order of high caste people.
Political discrimination:
All political parties have provisions to uplift the status of Dalit and their political participation in certain level in their manifestos. But it is not in practice. None of the Dalit is member in the executive committee of political parties so far except one alternative executive member in CPN-UML. No Dalit is a chairman and vice chairman of District Development Committee so far. Only one member of Parliament was elected in the House of Representatives. So it can be said that Dalits are used only as vote bank. On the other hand, political leaders and worker are involved in caste discrimination.
The political leaders are also reluctant to formulate new Acts in favour of Dalit. Ex-member of Parliament Pari Thapa registered the Untouchability (Crime and Punishment) proposed bill in 2053 but the government and political parties do not present it in the parliament. The government has formed Marginalised, Oppressed and Dalit Welfare Development Committee in 2054 to formulate, design and execute appropriate policy and programme for the socio-economic development of marginalised, oppressed and Dalit communities. But its role and programme execution are not effective. However, the government has already established the National Commission of Dalit and announced that the caste discrimination cases are state cases.
Economic discrimination
Eighty percent of the Dalit population lives below the poverty line with per capita income of US $ 39.6 and only one percent of them possessing cultivatable land. They are skilled manpower but their skill is neglected by society. It is difficult to market goods produced by Dalits nowadays also. They are suffering from different indirect barriers to work in the public place. Many Dalits are also now regularly following conventional occupation ie, balighare pratha, doli pratha and hali pratha. They cannot run hotels and shop freely.
Educational discrimination
The literacy rate of Dalit in Nepal is only 23.80 percent. The reasons behind it are existing discriminatory practices in educational institutions in some places of the country, poverty and inaccessibility of scholarship. Dalit cannot join Sanskrit schools. There is strict prohibition to study Sanskrit University in Dang. Only few persons are graduated so that most of them are deprived of the opportunities for better employment.
Religious discrimination
The origin of caste discrimination in Nepal is religion. Hence Dalit are extremely oppressed in religious sector. They are not allowed to enter temples, study Sanskrit, worship gods and goddess and follow religious rituals. As a result many Dalits have adopted Christianity.
There is no representation of Dalits in government civil service, Human Rights Commission, other commissions and judiciary sector. Provision of reservation is necessary to uplift their socio-economic, educational, political and religious condition in Nepal. Reservation is not the ultimate goal of Dalit movement, but it should be retained till the discriminatory practices exist in the society and Dalits are not able to lead a dignified life as the other citizens.
The Dalit movement was initiated in 2004 in Nepal. Before that, the pace of the movement was slow. At that time, this issue was raised as social issue but not as a human right. After democracy dawned in the country in 2007 BS, the government denied to take the issues of Dalit seriously between 2007 to 2020. The Dalit leader played a vital role in shaping the Dalit movement in this period, preparing guidelines for the movement. They entered in the temple of Lord Pashupatinath. Political parties were also reluctant to raise the issue of Dalit in the meantime.
Legally, the caste discrimination and untouchability were prohibited in 2020 following the introduction of New Legal Code 2020. This was really a positive initiative from the government because it was a historical breakthrough for Dalit. Nevertheless, that legal code was not fully practiced in the daily life due to social obstacle and reluctance of the government. The Dalit leaders also continued the movement during Panchayat regime for dignified life. Some Dalit leaders were appointed in the parliament (Rastriya Panchayat). At that time, the government did not work for Dalit intensively.
After the restoration of democracy, the constitution of the kingdom of Nepal absolutely avoided all kinds of discrimination among people. The constitution claimed that all citizens shall be equal before the law and no person shall be denied the equal protection of the laws. The state also committed that the state shall not discriminate citizens on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these. The state has also committed that no person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law.
The legal code was reformed after the restoration of democracy. Even though the government provisioned not to enter the temple for Dalit. So, it can be proved that the people who are in decision-making level are very negative on the issues of Dalit even now. Therefore, the provision of the legal code inconsistent with the constitution was null and void after a petition was filed in the Supreme Court. The legal code has made provision that social discrimination and untouchability were punishable. Nevertheless, only few cases have been registered in the court.
Dalit leaders, non-government organisation, the state, political parties and others are working for Dalit though there are no fundamental changes in the lives of Dalit. The main reason behind it is the lack of reservation for them. Provision of reservation must be made for Dalit due to following reasons:
Social discrimination
Dalits are not allowed to marry with other high caste and even in other Dalit castes. If they marry with high caste or even in the other Dalit communities society does not accept and they have to live outside the village and city. They are not allowed to take out drinking water from the same wells used by Brahman and Chhetri in the same time. They are not allowed to enter the hotels, shops or high caste peoples’ home. They have to wash glass and plates after drinking tea and eating food in hotels and homes. In the rural area, they are not allowed to sit or eat with high caste people at social gatherings, ceremonies, feasts and festivals. Social boycott is done as a method to punish if they disobey the order of high caste people.
Political discrimination:
All political parties have provisions to uplift the status of Dalit and their political participation in certain level in their manifestos. But it is not in practice. None of the Dalit is member in the executive committee of political parties so far except one alternative executive member in CPN-UML. No Dalit is a chairman and vice chairman of District Development Committee so far. Only one member of Parliament was elected in the House of Representatives. So it can be said that Dalits are used only as vote bank. On the other hand, political leaders and worker are involved in caste discrimination.
The political leaders are also reluctant to formulate new Acts in favour of Dalit. Ex-member of Parliament Pari Thapa registered the Untouchability (Crime and Punishment) proposed bill in 2053 but the government and political parties do not present it in the parliament. The government has formed Marginalised, Oppressed and Dalit Welfare Development Committee in 2054 to formulate, design and execute appropriate policy and programme for the socio-economic development of marginalised, oppressed and Dalit communities. But its role and programme execution are not effective. However, the government has already established the National Commission of Dalit and announced that the caste discrimination cases are state cases.
Economic discrimination
Eighty percent of the Dalit population lives below the poverty line with per capita income of US $ 39.6 and only one percent of them possessing cultivatable land. They are skilled manpower but their skill is neglected by society. It is difficult to market goods produced by Dalits nowadays also. They are suffering from different indirect barriers to work in the public place. Many Dalits are also now regularly following conventional occupation ie, balighare pratha, doli pratha and hali pratha. They cannot run hotels and shop freely.
Educational discrimination
The literacy rate of Dalit in Nepal is only 23.80 percent. The reasons behind it are existing discriminatory practices in educational institutions in some places of the country, poverty and inaccessibility of scholarship. Dalit cannot join Sanskrit schools. There is strict prohibition to study Sanskrit University in Dang. Only few persons are graduated so that most of them are deprived of the opportunities for better employment.
Religious discrimination
The origin of caste discrimination in Nepal is religion. Hence Dalit are extremely oppressed in religious sector. They are not allowed to enter temples, study Sanskrit, worship gods and goddess and follow religious rituals. As a result many Dalits have adopted Christianity.
There is no representation of Dalits in government civil service, Human Rights Commission, other commissions and judiciary sector. Provision of reservation is necessary to uplift their socio-economic, educational, political and religious condition in Nepal. Reservation is not the ultimate goal of Dalit movement, but it should be retained till the discriminatory practices exist in the society and Dalits are not able to lead a dignified life as the other citizens.
By: Suresh Mijar
