Informal / 1

Contents

South Asian Human Rights SolidarityJune 2004

ADVISORSSubodh Raj Pyakurel

Kundan Aryal

EDITORSUpendra Poudel

Bal Krishna Kattel

DESIGNGita Mali

MANAGEMENTShailesh Sharma

PRICENepali : NRs 25

South Asia : US$ 15 (equivalent)Rest of the World : US$ 25

PUBLISHED BYInformal Sector Service Centre

(INSEC)P.O. Box: 2726, Kathmandu, Nepal

Tel: 977-1-4278770, Fax: 977-1-4270551E-mail : insec@insec.org.npWeb Site: www.insec.org.np

PRESSSunkoshi Chhapakhana P. Ltd.

Bijuli Bazaar, KathmanduTe.: 4784391/4784323

- Internal Discrimination within

Dalit and Ways to Overcome

It / 5

- Relevance of Reservation to

Dalit Community / 9

- Psychosocial Status of Dalits in

Nepal / 13

- Existing Constitutional

Innovation for Dalits : Myth or

Reality / 18

- Rationale of Making

Untouchability Cases of

Government Prosecution / 28

- Dalits and Their Educational

Status / 31

- Synopsis of CERD Shadow

Report / 36

- Book Review Political

Sociology of Dalit Assertion / 43

INFORMAL

Informal /2

EEddiittoorriiaallThe Road to Be TakenDalits in Nepal are victims of multiple discriminations. They are discriminated virtually in everysphere of life in Nepal, including marriage, religious practice, access to land, and access toeducation. Dalits commonly known as ‘untouchables’ are forced to live in separate settlementscompletely isolated from people of so called high castes. They are underrepresented and areunable to assert their rights. Majority of the Dalits are forced to remain silent in the face ofdiscrimination even if they perceive it unjust.

Landlessness is acute among various Dalit groups. The Terai Dalits are gripped tight of thelandlessness. The average land-owning per household among Dalit groups was 2.46 ropani ofkhet (farm) and 4.5 ropani of pakho jagga (barren land).1 Exact statistics of Dalits landlessnessis difficult. So far as available, 15.87 percent of Dalits are landless, 49.8 of them have less than5 ropanis, 5.18 of them own 6 to 10 ropanis, 12.33 percent of them have 11 to 20 ropanis and only3.87 of them have more than 20 ropanis of land.2

Educational attainment of Dalits is similar as landlessness problem they have. Of 10 percentliterate Dalits, 27.7 percent are primarily educated, 8.4 percent of them have received secondaryeducation and 0.8 percent are SLC graduates. Dom, one of the Dalit caste groups is 100 percentilliterate.3 Even the 10 percent of scholarship provisioned to Dalit students for the MBBSprogramme, Dalits could receive only 41.5 percent (5 seats) of the scholarship where 58.5 percent(7 seats) was occupied by non-Dalits.4

Pity as it stands, Dalits are again in the lowest position on the economic front. They yieldtechnical skills but the skills are lowly valued and not recognized by the State. They arediscriminated in the payment of equal labour to non-Dalits'. As they are compelled to work aswatchmen, bonded labourers, herdsmen and ploughmen, their income is very low. Low attainmentof economic status has a direct impact on education of the caste group. They are unable to payschool fees and have been jobless. This way they are helpless and excluded.

Discrimination on the ground of race, sex and caste, more importantly, is engaged in a race againsttime. Even in the age of technological advancement and wisdom, discriminations as recountedabove prevail over wisdom and technological advancement. This has threatened our civilizationand has been a challenge to entire human kind. Winning discriminations has been as “traveling …a murky road.”5

What Dalits share with us is sobering. The plight is more severe in the rural areas, where treatmentof people to each other is based on the caste group they belong to. A majority of Dalits feels theyare worse off and more insecure than in the past. Invasion of technology has engulfed Dalits skillsendangering their livelihood further. Low representation of this caste group in the decision makinglevel has excluded them to effectively formulate plan and policies that are fit to them to fightdiscrimination. From the perspective of Dalits, bad governance, corruption and abusive behaviouroften mar their safety, security, peace, respect and dignity. Though some policies areformulated to address Dalits plight, they are already stretched thin. Discriminatorypractices against Dalits call out for all of us to rethink our strategies/attitudes.

This volume of journal attempts to serf the issues of discriminations prevalent againstand among Dalits. Though this does not cover all the sectors of discriminations in

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depth, we have at least tried to bring the issues to the scene. The issues nail down here by the differentcontributors make us realize that we are not yet in the age of technology because “Man’s inhumanityto man is not the invasion of modern era.”6 This blockade has not been an exception in Nepali society.

Mr. Hira Bishwakarma in his article “Internal Discrimination within Dalit and Ways to OvercomeIt” reviews the practice of internal discrimination among Dalits. Mr. Bishwakarma opines “practice ofuntouchability within themselves is not created by themselves rather it is imposed. … had there notbeen internal discrimination within Dalits, they would have revolted long time ago.” He sums up thearticle with some recommendations and says practice of inter caste marriage can be a good beginningof fighting against discrimination. This has to be practiced within Dalit castes too.

Mr. Meen Bishwakarma, former-member of National Dalits Commission, discusses about the“Relevance of Reservation to Dalit Community”. Presenting some exemplary actions and action planadopted by some countries to uplift Dalits and marginalized groups, he pens down in favour ofperiodic reservation to dalits which, as he thinks, brings the Dalit community in the nationalintegration. Unless all the communities are integrated, development cannot be imagined. “Dalits wantliberation from deprivation, exploitation and negligence by the state and society. They want equalparticipation in the national governance.” For this too, as he says in abstract, reservation may helpthem to reintegrate for the common move in equal footing.

Nepal’s prominent psychologist Dr. Niranjan Prasad Upadhyay looks at the “Psychological Statusof Dalits in Nepal”. As he scrutinizes, psychology “examines the way behaviour is learnt and can bechanged.” Psychologically Dalits feel themselves inferior and abused by the “high caste” people. Asthey are victims of inferior psychology, this has triggered them to be mentally defeated in their effortsand are suffering from intense abuse. Physical violence, social injustice, unjustifiable verbal abuse,failure to furnish nourishment, medical treatment, and emotional support are connected to thepsychology that determines human behaviour. Since Dalits have almost no share of such support, theyare psychologically retarded to fight social injustice. To overcome such distress, Dr. Upadhyayrecommends to introduce radical change in the social, economic and educational sectors the area thatDalits are unabashedly excluded. Poor psychology of Dalits can be overcome integrating them in themainstream of social flow where they can work with the high caste people on the basis of equality andbrotherhood.

Advocate Tek Tamrakar’s article is succinct and analytical. He offers a sharp comment on existinglaws and legal provisions in Nepal and their poor implementation. He mentions “the judiciary of ourcountry (Nepal) has not become so dynamic for Dalits.” Despite the “various welfare provisions forthe advancement of disadvantaged communities like Dalits, women and ethnics” mentioned in thedirective principles of the existing constitution, the community people have never realised theiradvancement due to the lack of implementation of the provisions. As Mr. Tamrakar observes, manyatrocities are taking place against Dalits in the supervision of “local leaders and the parliamentarians.”“The local leaders and the parliamentarians themselves involve to impose so-called low-caste peopleto continue the traditional occupations. The instance is the social exclusion of Chamar caste people inthe eastern part of the country and prohibition of the Dalit’s entry into temples.” This way the right towork and right to religion of Dalits is violated. To address Dalits issues and integrate them in the mainstream, Mr. Tamrakar recommends to reform the constitution, where right to work andaccommodation, right to nationality, right to reservation for Dalits in public services shouldbe guaranteed.

A relevant contribution to this volume comes from Advocate Ratna BahadurBagchand. Mr. Bagchand identifies potential faultiness in the implementation of laws

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referring to examples. He mentions the state mechanism is biased at treating and taking up the Dalitscases seriously. Even after the government’s declaration on 28 July 2003 ‘practice of untouchability’as a crime, many cases related to untouchability have been taken place. But there is not a single recordof such cases in any court of the country. The article also mentions the incidents of defiance of courtorder by the high caste people and government’s negligence to bring the perpetrators under the lawsuit.

Another area that the Dalits are discriminated is education. Ms. Rachana Rasaili presets a gloomypicture of Dalits educational attainment. “Acquiring education for Dalit children in the western part ofNepal is like putting hands in a burning fire. Even at schools they have to face discriminatorybehaviour by the so-called upper caste people. They have to stay at door side of the classrooms and insome cases, they have to sit separately without touching non-Dalit students”, Miss Rasaili mentions.

Truism mentioned in the article is enough to review how effectively the laws are implemented andhow conscious the state drivers are. Laws are formulated for social equality and integrity.Discriminatory practices on the ground of castes are declared a crime in law books. But due to the lackof implementation, those who exercise such practices are enjoying impunity. Commitments andbehaviours have confronted and Dalits have been the victims in such confrontation.

This volume of journal has tried to explore the problems of Dalits. We do not claim that all theproblems have been discoursed. We are conscious many issues are to be raised. But a major glimpseof the direction that we have to take has been highlighted here.

Our core mission is to help Dalits succeed in their own efforts. This volume raises major challengesto all of us concerned about discriminations. We all should be prepared to hold ourselves accountableand try to respond the voices of Dalits. Obviously this is not one person’s effort and we cannot do thisalone. We hope that you will read this journal and the issues in this journal call you to action as theydo us.

Struggle of Dalits for justice and dignity will not end in defeat.

Bal Krishna KattelEditor

Notes

1. A survey report carried out by Team Consult. 1998. as cited in National Dalit Strategy Report (Part I): SituationAnalysis of Dalits in Nepal. Kathmandu: Action-Aid, Nepal, CARE, Nepal and Save the Children US in Nepal, 2002.

2. Kattel, Bal Krishna. 2002. Dalits and their Representatives in Nepali Politics. An Unpublished MA dissertation.Kathmandu: Department of Sociology/Anthropology, Tri-Chandra Campus.

3. Jana Utthan Pratisthan – Nepal (JUP-Nepal), Human Rights Treaty Monitoring Coordination Committee(HRTMCC). 2004. Shadow Report on Fifteenth and Sixteenth Peridoc Report of Government on ICERD.Kathmandu: JUP-Nepal, HRTMCC.

4. The Himalayan Times, 22 December 20035. SAAPE. 2003. Poverty in South Asia: Civil Society Perspectives. Kathmandu: Rural Reconstruction Nepal.6. Zed Books Ltd. 1988. Winning Human Race? London and New Jersey: Zed Books Ltd.

There is a popular story of Rana time duringthe premiership of Padma Sumsher.

One day three Dalits from Kami, Sarki andDamai of one village somewhere from a hilldecided to overcome the practice ofuntouchability to them from upper caste people.During the Rana regime there was no democracyand sources of law were largely religious practiceand words of the prime minister, therefore, if theywere successful to convince the prime ministerthen their caste could be uplifted and wouldbecome touchable. These three men left thevillage and reached Kathmandu after several daysof walking. They entered the compound of primeminister’s palace and sent the message insidestating their desire of uplifting from untouchablesto touchables. The prime minister himself wasvery clever and asked who they were and uponknowing their caste he sent message orderingthem to first cook food and eat together. If theycould follow that order, their caste status wouldbe uplifted. Both Kami and Sarki who considerabove than Damai felt it humiliating to eat with

him and they left immediately the palaceabandoning their desire of being uplifted. Thisstory clearly tells all Dalits want to be equal withupper caste people but not among themselves.

During the Rana regime there was another systemof nominating leaders from Dalits who indeedwere ruler of their own caste group and theirmajor roles were to reinforce caste system bycarrying out some judiciary practices. Forexample, if there were problems within theircaste group, first the problem would go to theleaders and any judgement given by them had tobe followed. Such roles were given to those whowere very close to Ranas. Mr. Mohan Lal Kapaliwhom I refer as living history of Nepali Dalitmovement recalls the famous Pashupati templeentering movement of 1954 in the leadership oflate Saharshanath Kapali. Mr. Mohan Kapali saidthat Mr. Shyamlal Naike of Kalimati Kathmanduhad a very good relation with high class Ranas ashe was given leadership of his Kami caste groupand used to make jewelleries for them. If a personlike him had used their position and relations to

Internal Discrimination within Dalitand Ways to Overcome It

Hira Vishwakarma

37%

13%

11%

0%

0%

9%

6%

5%

2%

2%

3%

1%

1%

1%

1%

0%

0%

0%

6%

10%

Kami,Sonar,Lohar

Damai

SarkiGaine

Badi

Chamar

Mushahar

Paswan

Dhobi

Khatwe

Tatma

Santhal

Dhangar

Bantar

Kahar

Dom

Halkhor

Pattharkatta

Dalit

Informal /5

Others

Informal /6

request Ranas to uplift their caste status, it wouldhave been done. Unfortunately none dared to doso though it was a matter of pleasing oneauthority than the whole system.

Though Dalits practice untouchability withinthemselves but the system was not created bythemselves rather it was imposed. It is quiteinteresting to note that had not there been internaldiscrimination within Dalits, they would haverevolted a long time ago. A long before Britishwho are known to be imposing 'divide and rule'policy was in fact practiced by high caste Hindugroup centuries ago. This is further justified fromthe written text of civil code of 1853 as Kisanquotes ‘the lowest caste group would be Chyame,as Pode would not accept food cooked by them,so they are above Chayme, likewise Badi, Gaine,Damai, Kandara, Sarki, Kami, Kulu, HinduDhobi, Kusle and above all would be Kasaicaste.1

Caste Hierarchy within DalitsDalits of Nepal can be divided into three groupsaccording to their geographical locations. HillDalits which is a dominant group both in terms of2 Ps (population and politics). Among hill Dalits,Kami is supposed to be at the top, Sarki, Damai,Gaine and Badi followed by respectively.Another geographical group is Newar. Thoughthis group has excluded itself from Dalit group.They are still discriminated on the ground of theircaste. I have included Newar dalits in thiswriting. Within the Newar Dalit group Kasai issupposed to be at the top, followed by Kusle,Dhobi (Rajdhobi, washermen of Kings are notconsidered untouchable), Kulu, Pode andChyame respectively. There is another group ofTerai dalit on top it is Tatma and contrary to hilland Newar Dalits four caste groups of Paswan,Mushahar, Khatwe and Batar fall under the samehierarchy and they are considered equal. Thesecaste groups are followed by Chamar, Dom andHalkhor respectively.

When we talk about the internal discriminationwithin Dalit, we need to identify the major issues.They are as follows:

Denial2

As per the social hierarchy those on top considerall lower to them impure and untouchable. In thehills, Kami’s are considered to be at the top andpractice untouchability with all other castegroups whom they consider below them.Likewise, Sarki practices untouchability withDamai, Gaine and Badi. As a result, they do notaccept water and food cooked by caste lower tothem and they do not let enter their house tolower caste Dalit. An extreme case was observedwhen Tatma (one of the Terai Dalit) sided withupper caste Chaudhary during Chamar movementof Siraha a few years ago. In that incident theFormer Minister Mr. Padma Narayan Choudharycarried out economic blockade against Chamarswho refused to throw a dead body of his calf asthey found that practice most humiliating and oneof the reasons for them to be discriminatedagainst. The Minister who is a local landlordfound the denial of Chamar against hissupremacy and domination. The Tatma groupwho is also considered untouchable, instead ofshowing solidarity with Chamars who were introuble, sided with the exploiting group ofChoudhary, which was indeed a pity for the Dalitmovement. It is lately they felt that it was theirmistake to side with Chaudhary.

RepresentationDespite Dalits being discriminated, there havebeen some practices especially after 1954 tonominate Dalits in the parliament and otherimportant positions of government institutions.Especially at the political and organizationalspheres some caste groups are considered overrepresented by other non represented groups. Forexample Kami and Damai in case of Hills andPaswan in case of Terai seem to be overrepresented, out of 18 nominated and electedparliamentarians 8 are Kamis, 4 are Damais, oneSarki, two Kusle and two Paswan and one Kasaithat means 44 percent Kami, 22 percent Damai,11 percent Kusle and Paswan and Sarki and Kasai6 percent each.

Likewise, a sample study was carried out recentlyin the board structure of 5 National Dalit NGOs:the Dalit Welfare Organization, Feminist DalitOrganization, Jagaran Media Centre, Jana Utthan

Informal /7

Pratisthan and Dalit NGO Federation, theseorganizations are advocating for Dalits’ rights forseveral years. The following picture speaks itself.

From the study it is very clear that there is overdomination of Kami group followed by Pariyar orDamai. According to the population census 2001,the population of Kami within Dalit is 37 percentbut they control almost 75 percent of NGOboards. Likewise Pariyar consist of only 13percent within Dalit but they control by 17percent. In most cases Terai Dalits arerepresented the least, in parliament it is 11percent and in case of NGOs’ board it is just 2percent whereas they comprise of one third ofDalit population.3

CompetitionMainly among these three dominating castegroups Kami, Damai and Sarki Dalits, there is ageneral feeling of competition. The Sarki groupfeels that they have been deprived ofopportunities because this two-caste groups. TheDamai caste group is represented more than therest of other group but they feel dominated byKami group. The competition between hill versusTerai has not been observed within Dalitmovement but sooner or later it is likely to comeonce they become aware of the fact that theirshare of the opportunities have been denied. Forhealthy growth of the movement, competition isgood but it is giving a negative impact on Dalitmovement which is evident with the emergenceof different caste organizations such as

Bishwakarma Ekta Samaj, Pariyar Sewa Samaj,Ram Samaj, Mijar Samaj and so on. There is noharm to have such caste organizations but there isa tendency of no participation in common agendaof all caste groups.

AcceptanceIt is easy to blame Brahmins of Nepal for theirover domination in the bureaucracy and othersectors of governance. It is not only because oftheir access to education and exploitation to othercaste group but also of their hard work anddedication. Because of large population withinand their leading role in the movement, they seemto be dominating the other caste groups and so isthe case with Damai and Paswan and this fact isnot being accepted by other caste group.Particularly the Kami are not responsible for allthese situations rather than the system itself.

There is great problem of inter caste marriage, ifa Dalit girl gets married with a non- Dalit boy, itis inacceptable for the so called high caste family.The same situation prevails with the marriage ofa high caste Dalit boy with low caste Dalit girl, asthe girl is not accepted by the family of the boy.

In Chitwan the nephew of a renowned Dalitleader of Kami married a Pariyar girl. Instead ofcoming forward to encourage such marriage hejoined his family members to revoke thatmarriage. It is pity to note that the Dalitmovement itself seems very passive to addressthis problem.

71%

17%

6%4% 2%

Kami

Pariyar

Sarki

Tarai Dalit

Badi

Informal /8

Recommendations to Overcome InternalDiscrimination

The co-feast programme has been found veryeffective to eliminate the practice ofuntouchability as the practice is mainlybased on accepting cooked food and water.Therefore, a number of programmesinvolving Dalits of different groups has to beorganised.The marriage between different race andcaste is good not only socially butscientifically as well, as the offspringproduced are of enhanced capabilities.Therefore, intra Dalit marriage has to bepromoted as far as possible. Those who havealready got married and leading towardssuccess need to be felicitated so that otherswill find it encouraging. The civil societyshould pressurise government to have a goodpolicy to reward such practices and one ofthe ways could be to provide employmentopportunity with the government and otherincentives. In other words, a separate Actshould be developed to promote suchpractices.The Dalit organizations who are advocating

for Dalit cause should adopt the policy ofintegration and include in their boards andstaffing from the non represented groups ofDalits. It is more important to include Dalitsfrom Terai as they are least represented in allfronts.Now time has come to redefine the mode ofDalit movement and one of the options couldbe to establish a federation of Caste grouporganization in which proportionaterepresentation could be provisioned. Suchpractice promotes competitions among thepeople of same caste group in their casteorganization, which can nominate itsrepresentative to such federation where theycan best present the interest of their castegroup.The government also needs to keep balancewhile nominating or selecting forinstitutions, which are meant for Dalits. Forexample, in Dalit Commission and DalitDevelopment Committee the governmnetcan nominate people from different castegroups of Dalits and preference should begiven for least represented groups.

Notes

1. Kisan, 2002. p.652. Bhattachan. 2003.3. A sample study was carried out through questionnaire.

References

Bhattachan, Krishna B.2003. Existing Practices of Caste-Based Untouchability, Kathmandu

Kisan, Yam Bahadur. 2002. Nepalma Dalit Jatiya Mukti Andolan. Kathmandu: Jana Utthan Pratisthan.

Vishwakarma, Hira. 2002. Contemporary thoughts of Hira Vishwakarma on Dalit Movement. Kathmandu: Jana UtthanPratisthan (JUP).

Informal /9

Historically, Nepali society holds deep rootsin the Hindu caste system, with hierarchy of

different groups of people within the system.Dalits or the untouchables are one of the groupsof people within this Hindu caste system whosesocial, economic, health, education and politicalstatus is lowest in comparision to other groups inNepal.

Since the beginning of Nepalese history, Dalitswere the main pillars of economic sector becausethey produce things of daily use for human lifelike agricultural tools, domestic weapons, kitchentools, clothes, shoes, ornaments and so on. Theywere devoted to the music and arts as well assinging and dancing. But their lives turned ruinedwhen the discriminatory social presumptions andlegal system based on work and descent wereapplied in Nepalese ruling system. The history ofsuch system began with the King Jayasthiti Mallain Kathmandu Valley in the Mediaval Age, whenhe formulated religious code named "ManavNyaya Shastra" in 1380 A.D. (1437 B.S.).

It's a wonder that state divided the people of owncountry into different fractions under thehierarchial caste systemamong the homo-religious like Brahmin,Chettri, Vaishya andSudra. The verticalsystem kept Brahmin atthe top and Sudra at thebottom of the society.Similarly the first RanaPrime Minister JangaBahadur Rana legalisedthe caste discriminationin the Legal Code of1853 A.D. Sudra

(untouchable castes) were kept aloof from thenational mainstreaming of development.Although Dalit community consists 1/5th of totalpopulation their participation in decision-makingprocess is nil. That is why; it has been difficult tobegin the process of reform.

After the restoration of multiparty democracy,some significant decisions were taken by theState but they have been failed due to the lack ofDalit's participation in decision-making processas well as in their implementation.

Without bringing the Dalit community in nationalintegration, development cannot be imagined.State cannot be recognized as the Well-Fare Statebut it would symbolize the Lassiez Faire State,which doesn't consist the democracy and socialjustice. To be identified as Well-Fare State, manycountries of other continents and most of theAsian countries have practiced different model ofreservation like Affirmative Action, PositiveDiscrimination or the Special Privileges for thebackward and marginalized groups of the state.

India had a great black-stain of severe Caste

Relevance of Reservation toDalit Community

Meen Bishwakarma

Human Development Indicators of Occupational Caste (Dalits) and Others, 1996

Indicators Value (Dalit) Value (Newar) Value (Nepal)

Life Expectancy 50.30 62.2 55.0Adult Literacy Ratio 23.80 54.80 36.72Mean Years of Schooling 1.228 4.370 2.254Per Capita Income (NRs.) 4,940 11,953 7,673Per Capita Income (USD) 764 1,848 1,186Life Expectancy Index 0.422 0.620 0.500Educational Attainment Index 0.186 0.462 0.295Income Index 0.110 0.289 0.179Human Development Index 0.239 0.457 0.325Ratio to National HDI:Nepal=100 73.62 140.73 100.0Source: NESAC (1998:266)

Informal / 10

Discrimination. That led the country nearly to bedivided into separate Dalit state. The IndianDalits struggled against caste discrimination andgot rid of it during 1950 when Dr. B.R. Ambedkarhad led the movement very efficiently. It was thegreat achievement to get Ambedkar as theChairperson of the drafting committee for theIndian Constitution on August 29, 1947 after theliberation from British colonism. His committeehas mentioned the details of privileges to Dalitsin constitution. Sometime it is heard through ourpolitical leaders and traditional so-called socialgentlepersons that reservation system in India hasprovoked the social conflicts between so calledhigher-caste and lower-caste peoplenotwithstanding the Reservations for Dalit, tribesand backward communities have been theeffective instruments of national unity in Indiathat we have been watching as neighboringcountry since long.

Even the most developed country, America hasapplied the Affirmative Action system ineducation, health, employment and socialsecurity for American Blacks since the period ofPresident Johnson in 1960. Before that, even thecourt has decided ambiguously saying,"Although the Whites and Blacks are equal ofhuman being Blacks could not be treated equal tothe Whites" in Ferguson's case which interpretsthe principle of Equal but Separate.

Similarly, South Africa has implemented theEmployment Equity Act 1994 to uplift themarginalized Blacks and the other backwardcommunity by the Nelson Mandela’sGovernment. We can read and visit differentmodels and methods of reservation and it'sapplication like Diversity Management inAustralia, positive discrimination in UnitedKingdom and Affirmative Action in Nigeria andNamibia.

When we wanted to make Nepalese societyharmonious and cordial, different types ofdiscriminatory barriers used to arise. The Statecould not decide and apply the progressive orreformative policies, i.e. Former Prime MinisterSher Bahadur Deuba declared some ReformativeAction Plans in the then parliament addressing

the issues of Dalit, Women, Indigenious andTerain people but some MPs who were landlordsand had traditional notion upon the societybecame the barriers and did not let the bill pass.There were many progressive policies and action-plans in ninth Five-Years Plan of HMG but thewhole provisions about Dalits were not applied.There are many positive laws in our legal systemto establish social justice but still they are in vain.Though Government has established somenational institutions like National DalitCommission and Dalit Development Committeethey could not be effective as they are notautonomous and powerful for decision-making.

Recently HMG has announced the reservationpolicy for the upliftment of Dalit, women, andethnic minorities. After a long giddiness period ofNepalese history, the State has realised the severediscrimination in every sector of governance. Itshould be taken as an allegorical action torestructure the society and the state. It has made aconcept for the areas of reservation withfollowing sectors:

EducationHealthRepresentative bodies (like local level andonly in Upper House)Employment and public service

The content in proposed concept are notsatisfactory for Dalits because this concept hasnot covered the sectors by which we can build thenational integration, like the representation in theHouse of Representatives, military, police,constitutional organs and the institutions wherethe government can appoint politically.

Dalits (the marginalized and kept far behind inthe human development ratio by past state policy)have been fighting for equality, justice anddignity. These are not the abstracts but the bettermeasurements of human rights and democracy.They want liberation from deprivation,exploitation and negligence by the state andsociety. They want equal participation in eachsector of national governance, which they hadmissed in the past due to the partial ruling systembased on costumes and religion.

Informal / 11

Though we talk of modern technology and ofdifferent model of human rights and democracywe do not show eagerness for theirimplementation in our own country. That is why,now a days the reservation issue has been spreadover the country. It has drawn the attention ofGovernment, political parties, lawyers, people ofrelevant communities, and the whole civil societyof the country. Everyone raises the questions:What is reservation? Reservation for whom?

Who will be the beneficiary of reservation? Howlong the reservation system is needed? What arethe areas of reservation? What result would weget after its implementation in the state? Theseare not astonishment but how to manage thesociety destroyed for centuries. In this situationsimply we can ask ourselves that “Is there anysystem of reservation in our country?"

Nepalese society is not divided according to the

InstitutionsBahun -

ChhetriMongol Madhesi Dalits Newar Other Total

Court Judges/

Court Off icials 181 4 18 0 32 - 235

Constitutional Bodies 14 2 3 0 6 - 25

Cabinet 20 4 5 0 3 - 32

Parliament 159 36 46 4Up per House

20 - 265

Public Administration 190 3 9 0 43 - 245

Political Parties'

Leadership

97 25 26 0 18 - 165

DDC Chairpersons,

Municipalities

106 23 31 0 30 - 191

Industry/

Commerce Leadership

7 0 15 0 20 - 42

Education/

Professionals

75 2 7 1 11 1 97

Culture, Academic &

Professional

85 6 0 0 22 - 123

Science & Technology 36 2 6 0 18 - 62

Civil Society 41 1 4 0 8 - 54

Total 1011 108 170 5 231 1 1520

Percent 66.5 7.1 11.2 0.3 15.2 100

Difference (percent) +34.9 -15.1 -19.7 -8.4 +9.6 -1

Primary National Index of Governance 1959

Supreme Court 8 1 0 1 10

House of Representatives 64 17 24 0 4 109

Cabinet 10 5 3 0 1 19

Total 82 22 28 0 6 138

1958 (percent) 59.4 15.9 20.3 0 4.3 100

1999 (percent) 62.7 13.3 17.3 0 6.7 100

Difference (percent) +3.3 -2.6 -3 +2.4

Integrated National Index of Governance 1999

Source: Neupane, 2000. pp.82, 83

Informal / 12

costumes and religions but according to caste,work and decent. Certain caste groups are givencertain jobs or occupations not because of theirskill but because of the supreme order of theruler. According to our social hierarchy,Brahmins are supposed always to be the priestsand rulers, Chhetris are for defence, Vaishyas arefor business and Sudras are always supposed tobe the servants of upper-caste people. Dalits donot have choice of job. Despite some legalprovisions for equality and liberty, society doesnot accept them. It is easily understood that if aperson could not choose his/her job how canhe/she develop himself/herself. There are stilldifferent types of reservation in Nepal but theseare not for the backwards and underprivileged but

for the so-called higher caste people who havealwys captured the state mechanism. In this waythe society is divided and destructed into differentsmall units, which does not mean good for thestate. So we have to think good for better unity ofnation rather we worry about the beneficiariesand non-beneficiaries of reservation.

Reservation means the compensatory privilegesto certain backward or marginalized people bystate. It does not hamper other's rights andprivileges rather it brings the cordial environmentamong the different caste and class of peoplewhen there will be equality, justice and dignityfor all in a society.

References

Neupane, Govinda. 2000. Nepalko Jatiya Prashna. Kathmandu: Centre for Development Studies.

Nepal South Asian Centre (NESAC). 1998. Nepal Human Development Report. Kathmandu: NASAC

Informal / 13

AbstractPsychology is about understanding the behaviorof people in their physical, social andorganizational environment. As a social science,it examines the way behavior is learned and canbe changed. It focuses on individuals within thecontext of families, organizations and othergroups, communities, cultures and societies. Infact, psychology deals diversified aspects ofhuman behavior within social setting. The Dalitsform the lowest caste in the Hindu castehierarchy. They are also commonly known as"untouchables.” Since Dalits perform menialtasks, traditional societies consider them"unclean." Higher castes are thus required toavoid close contact with Dalits, leading togenerations' old segregation of society. The Dalitcaste has further been divided into differentgroupings in accordance with the type of work.For example, communities engaged in tailoring,or playing musical instruments, or communitiesinvolved in washing clothes, or in making claypots, or working with metal will be givendifferent family names in accordance with thetype of work they do. Dalits are often referred toas the occupational or artisan caste. However,studies show that the life of Dalits in the Terairegion of Nepal, including Dom, Dusadh,Musahar, Chamar, Tatma, Khatwe and Dhobi iseven more deplorable than the life of the hillDalits. They are lagging far behind the hill Dalitsin education, health and several other sectors. Thetenth plan also stresses a poverty reductionstrategy based on social sector development withemphasis on human development, targetedprograms with emphasis on social inclusion andimproved governance. The implementationmodalities initiated are expected to succeedparticularly in delivering basic services,enhancing the quality of life of the poor peopleand promoting economic and social inclusion ofdeprived communities and regions.

IntroductionCaste discrimination is a shocking crime againsthumanity which is based on a false ideologicalconstruction sanctioned by religion and culturewhich affects 260 million Dalits in South Asia, aswell as others in the Asia Pacific and Africanregions at the personal, social and structurallevels, irrespective of their religious affiliation.World Conference Against Racism (2001)remarks that caste is a historically entrenchedform of discrimination based on descent andoccupation that results in segregation ofcommunities, including the stigmatization ofcertain of these communities as ‘untouchable',allowing for flagrant violations of human rightsand dignity of members of these communities,and making them, especially women, vulnerableto the most barbaric forms of violence.

Nepal is one of the poorest nations on earth, but aglance at the difference in social indicators forDalits and caste Hindus shows that there are, infact, two nations here: one is developing and theother is downtrodden. Of the total population, 50percent are literate, where only 11 percent ofDalits can read and write. Average age of Nepaliis 61.9 years, where Dalits average age rates at 42years. Per capita income in Nepal is US$269, butDalits expect to earn only about US$40 per year.While 40 percent of the population is below theabsolute poverty line, an estimated 80 percent ofDalits are living in extreme poverty. Meanwhile,regarding the control of the "means ofproduction," Dalits own merely one percent ofcultivable land despite the fact that most Dalitslive in rural areas. Every imaginable socialindicator lies the systemic socio-economicexclusion that means Dalits are effectively livingin a different nation to higher caste Nepalese.Dalit women face even extreme suppression ofpoverty, humiliation and deprivation than theirmale counterparts.

Psychosocial Status of Dalitsin Nepal

Dr. Niranjan Prasad Upadhyay

Informal / 14

Nepal is heavily dependent on tourism anddevelopment aid for survival, but this incomedoes not reach to the Dalits. They have beentrying to assert their equality and reject caste-based oppression by peaceful means, but theseattempts have been met with strong oppositionfrom the dominant castes. Moreover, practices ofuntouchability are still out of control. They arebanned to enter temples and use public utilities.They are forced to use separate water supplies,obstructed to enter shops put up by so called highcaste Hindus and are forced to live in a separatecommunity.

The government’s Tenth Plan forwards variouswelfare programs for Dalits. The establishment of'Committee for Disadvantaged and DeprivedDalit Community' was also a major step forward.The government also pledged to establish specialprograms for Dalits, which paves the way for a'reservation policy' (affirmative action) for Dalitsin areas such as education, employment andpolitical appointments in the near future. Someprograms such as 'reserved seats' for Dalitstudents are already launched. Nevertheless, thedisadvantaged and downtrodden status of Dalitsin Nepal remains a national disgrace. Numerousand persistent cases of caste discrimination andatrocities committed against Dalits continue tocome to the light.

Gender relations, combined with class and caste,also determine the character and quality of lifefor men and women. It is still the case that, byand large, gender relations among ethnic minorityand dalit (lowest caste, untouchables) groups tendto be more egalitarian than among the high casteHindus, where patriarchy often retains a powerfulhold over the choices available to women, andensures their continuing subordination (Sheldonand Hussein 2002).

Status of Dalits in Nepal Abuses against Dalits have been rampant inalmost every sphere of life in Nepal, includingmarriage, religious practice, access to land, andaccess to education. It has been noted that,despite government action to ban certain forms ofdiscrimination, the caste system still takes a hugetoll on Dalits in Nepal. Inside the Dalit

community, there are eight key caste groups andtwenty-five recognized sub-castes. Some NGOsresearches guess the Dalit population at 4.5million, or 21 percent of total population. Despitetheir significant numbers, they continue to sufferfrom discrimination and human rights abuses byreason of their caste. Legal protections for Dalitshave been weakly implemented, anddiscrimination against Dalits is still very much apart of everyday life in Nepal.

The Constitution of the Kingdom of Nepal, 1990clearly mentions, “No person shall, on the basisof caste, be discriminated against as untouchable,be denied access to any public place, or bedeprived of the use of public utilities. Anycontraventions of this provision shall bepunishable by law” (Article 11.4). In addition tothe constitutional prohibition on caste-baseddiscrimination, the government has also takensome legislative actions to prohibitdiscriminations against Dalits. Unequal treatmentof Dalits by the national laws is prohibited. TheCivil Code also prohibits some forms ofdiscrimination against Dalits, but excludes placesof religious practice from the scope of the act.Despite these provisions, caste and caste-baseddiscrimination remains a central feature of lifeand social interaction in Nepal, and thegovernment regularly fails to prosecuteindividuals who engage in caste-baseddiscrimination. Dalits are victims of targetedattacks. Police officials frequently not succeed toinvestigate reports of violence against Dalits, andperpetrators of attacks on Dalits often gounpunished. Dalits in Nepal face a powerfulcombination of social discrimination andviolence that enforces their second-class status.

Democracy has enabled dalits to make somelimited gains but the system must be instrumentalin improving their status on the ground. Dalits arealso excluded from certain spaces. Those dalitelites cannot find accommodation in a goodhousing society even when they meet theeconomic criteria perpetuates the ghettoisation ofDalits. Social exclusion is the root of allexclusion. Dalits are not given the opportunity tocome out of their exclusion.

Informal / 15

Psychosocial Status of DalitsFamily is the best school where individual getslesson “how to behave with others and how toreact within society”. It is the fact that the uppercaste people form their unions to forward theircommon voice to the government. Generally,today Dalits have formed various organizationsto raise their voice for empowerment and socialinclusion. Certainly, it is true that Dalits havebeen suffering from intense abuse and it raisesextreme stress among them. The term abuse candenote the use of inordinate physical violence,social injustice, unjustifiable verbal abuse, andfailure to furnish proper shelter, nourishment,medical treatment, emotional support and othercases of sexual molestation or rape. Sexual abuseis a serious problem. It is prevalent all over theworld. Such types of incidents are often availablein the print media. Sexual abuse is usuallyassociated with severe emotional problems.These days, mental health experts consider sexualabuse wide-ranging in every developed anddeveloping country.

Every one’s personality is creation of theirfamily. It is in the family that the child firstexperiences the meaning of love.Psychologically, family provides a frameworkwithin which the child may find roots, continuityand a sense of belonging. Parents serve as thefirst socializing agents. The parent–childrelationship significantly affects the makeup ofchild’s personality. Psychologically, society andfamily environments give lessons to theirchildren how to differentiate or behave to theother caste people.

Basically in Brahman family, children are taughtas a superior caste and give the lesson to the kidsthat they do not touch the lower caste people. Thepolitical leaders preach lesson that there are nodifferences in castes. All are human beings.Therefore do not differentiate in behavior. But inpractice, the leaders do not live up to their words.In reality, the Dalit people show depressedbehavior. Depressed behavior can triggerhostility and anxiety. It is a mental problem thatis found in every society. In fact, depressionrelates loss of curiosity or pleasure, feelings ofguilt, low self-esteem, disturbed sleep or appetite,

low physical energy, poor concentration,thoughts of suicide, and obsessive thoughts.Every human being has a set of fundamentalphysical and emotional needs that have to be metin the environment for that person to live afulfilled life. An average Dalit child has a severe inferioritycomplex. "A Dalit develops feelings of humility,timidity and submissiveness in order to be able tosocialize with caste Hindus. Dalits are underimmense psychological pressure when theiridentity is about to be disclosed (Anand 2003).Researcher, Anand (2003) has introduced anarticle on "Do Brahminical ideologies permeateIndian Psychological Theory?” In that article hehas claimed that American blacks have a sense ofpride in their identity, which they have built.They can never pass for being what they are not,whereas in India dalits can pass for non-dalits,and are under pressure to do so. This takes a veryheavy toll on them.

Strategy for Emancipation of Dalits in NepalEconomic deprivation is a crippling disability ofthe people of low castes. They live in abjectpoverty subject to malnutrition, high infantmortality rate, low life expectancy, indebtedness,and low literacy rates. Their economy is belowthe subsistence level and lags far behind themarginal economy. The rehabilitation andempowerment measures must be adopted throughformal, informal, legal/official and otherchannels. In order to obtain strength againstdiscrimination, the affected people need to revivetheir group lives by organizing themselves. Inorder to acquire strength against discrimination,the affected people need to revive their geo-economic security. A radical change in theeconomic status of the disadvantaged peopleshould be brought about ensuring them equitabledistribution of national wealth through subsidiesin business, industry, and higher salaries foremployees of those communities etc.

Usually, specific measures need to be framed andimplemented so that certain numbers of seats areallocated for the people of backward ordisadvantaged groups/castes. Dalits have beendemanding reservations in different sectors, suchas education, civil service, political

Informal / 16

appointments, national representation and insimilar other areas. Their demand seemsreasonable considering previous state ofsuppression they have had to live with.Furthermore, the Constitution of the Kingdom ofNepal, 1990 states that the government can enactspecial legal provisions for the protection anddevelopment of this community. Therefore, thegovernment needs to initiate action accordingly.In evolving a strategy the constant interplaybetween the economic, political, familial andeducational processes as well as the attitudes ofthe individuals and of the entire society must bekept continually in mind. Dalit communityorganizations should continue their fight againstthe uncivilized system of unsociability.

Special programs for the upliftment of particularDalit group may be necessary. The literacy rateand the level of education need to be raisedamong all the Dalits. Institutional, humanresource development, health and sanitation,training and capacity-building, social andeconomic development and other developmentprogram should also be launched with the co-ordination of local level institutions (VDC &DDC). An attempt should be made to distributewater to all the members of communitiesequitably. This is in regard to banning of dalitsfrom using public water sources in manycommunities of the rural areas.

Since each Dalit caste specialize in one art/craftor the other, adequate training should be given tothem in their own traditional area of activitiesthrough the modern method by way of providingthem training, credit and marketing facilities.Also research of their traditional knowledgewould open up a vast area of study for scholarsfrom all around thus helping the nationaleconomy in the process.

ConclusionCivil society organizations can pressure thegovernment and encourage communitiesconcerned to work in tandem to eradicate thesocial problems of untouchables. Thedisadvantaged position of the Dalits can beslowly alleviated through a concerted effort fromall sides. Since government legislation or socialaction is not enough, civil society organizationscan bring all the sectors together under oneumbrella to work for upliftment of the Dalits.The tenth plan also stresses a poverty reductionstrategy based on social sector development withemphasis on human development, targetedprograms with emphasis on social inclusion andimproved governance. The implementationmodalities initiated are expected to succeedparticularly in delivering basic services,enhancing the quality of life of the poor peopleand promoting economic and social inclusion ofdeprived communities and regions.

References

Albers, E. C. and Pasolini, N. 1993. The Dual Face of Empowerment: A Model for Coperative Resource Building. Journal of

Sociology and Social Welfare, 20(4), 99-110.

Anderson, S. C., Wilson, M. K., Mwansa, L., and Osei-Hwedie, K. 1994. Empowerment and Social Work Education and

Practice in Africa. Journal of Social Development in Africa, 9(2), 71-86.

Berman-Rossi, T. 1992. Empowering Groups Through Understanding Stages of Group Development. Social Work in Groups,

15(2/3), 239-255.

Bishwakarma, P. 2001. Caste Discrimination and Untouchability against Dalits in Nepal, paper prepared by the Society for the

Liberation of Oppressed Dalit Castes, Nepal, for the Global Conference on Caste Discrimination, New Delhi.

Committee on the Elimination of Racial Discrimination. 1998. Concluding Observations to the Ninth to the Thirteenth Periodic

Reports of Nepal, CERD/C/53/Misc. Presented in the Fifty-third Session.

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Conger, J. A. and Kanungo, R. N. 1988. The Empowerment Process: Integrating Theory and Practice. Academy of Management

Review, 13(3), 471-482.

Discrimination against Dalits of Nepal. New York, USA.

Khadka, K.C, B. K. Parajuli and Dhurba K.C. 2001. “Various Measures for Emancipation of Dalits in Nepal” in The Telegraph.Kathmandu, Nepal.

Parsons, R. J. 1988. “Empowerment for Role Alternatives for Low-income Minority Girls: A Group Work Approach” in J. A. B.

Lee (ed.), Group Work with the Poor and Oppressed. New York: Haworth Press, Inc.

Parsons, R. J. and Cox, E. O. 1989. Family Mediation in Elder Caregiving Decisions: An Empowerment Intervention. Social

Work, 34, 122-126.

Shelon, D. and Hussein, K. 2002. The Consequences of Conflict: Livelihoods Development in Nepal. London: Overseas

Development Institute, Westminster Bridge Road.

Upadhyay, NP. 2000. “Mental Health: Subject of Disregard and Ignorance” in The Kathmandu Post, 19 November 2000.

US Department of State. 2002. Bureau of Democracy, Human Rights and Labor, Human Rights Report: a Country Report on

Nepal. USA: US Department of State.

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IntroductionNepal is a multi-ethic, multi-religious, and multi-lingual nation exhibiting cultural diversity.Hinduism is constitutionally recognizedcomponent of state in Nepal. It is considered thatthe Hindu system of jurisprudence is the majorresponsible factor to plant the seed of status-oriented and caste-ridden social value. Hinduphilosophy categorized castes into four divisionscalled Varna system. These Varna might havebeen originally changable in their function andwere formed to facilitate the performance ofsocial duties. Gradually, they developed intostatic social groups with no social intercourse. Indue course of time it also turned into anexploitative economic structure and anoppressive political system.1 Such static andcaste based social structure separates people intodistinctive categories on the basis of similar ordissimilar characteristics.2 This social andpolitical system influenced the whole legalsystem also. In this way, those who have powerand hegemony in state resource, affect the qualitylife of the haves not groups. This hegemonydirect reflected in the legal tools. One of the law,articulately influenced by the Brahaminocy wasthe first fundamental law of the country namelyMuluki Ain, 1853. This law had recognized theuntouchability as the integral part of social aswell as the political system of the country.Certain castes of the society were providedinferior status before the law itself. This, howeverwas wiped out and equality based law has beenintroduced by the new Muluki Ain, 1963. Thishas not been a sufficient legal tool to eliminateuntouchability.

Constitutional Mandates for Salvation of DalitLaw divides into two types relying on itsfunction. One of them is dynamic nature of law.It is therefore; law is regarded as an instrument ofsocial change. The end of law is to provide justiceto all irrespective of any caste, sex and religionetc. Justice is a feeling of emancipation fromtensions, exploitation and starvation. Withoutfulfilling these needs, attempt to touch the peakof justice is impossible. So, the law shouldcomprise the attempts and efforts to mitigate thepervasive problems of society i.e. disparity,untouchability and discrimination.

Constitution is the fundamental law of the land. Itis called a parent law also. If we defineconstitution, it is plainly regarded as a legalmanifesto to regulate the power of politics. But,narrowing constitution down within the pond ofsocial control cannot include the very importantcontent of law as per the ethic of dynamic natureof law. Some constitutionalists say 'constitution isthe reflection of social values, norms and cultureand a text may silhouette the sort of communityits authors/subjects are or would like to become;not only their governmental structure,procedures, and basic rights, but also their goals,ideas, and the moral standards by which theywant others, including their own posterity, tojudge the community. In short a constitutionaltext may guide as well as express people’s hopesfor themselves as a society…the ideals the wordsenshrine, the processes they describe, and theactions they legitimize must either help to changethe citizenry or at least reflect their currentvalues.3 As this version, the constitution shouldreflect the social figures and comprise panaceasto mitigate them as well. Constitution if does not

Existing ConstitutionalInnovation for Dalits : Myth or

RealityTek Tamrakar

Informal / 19

submit the social needs for fulfillment, is calledthe constitution without constitutionalism.Though, the traditional norm of constitutionalismlimits for controlling the power of governmentagainst arbitrariness, but new theory ofconstitutionalism takes social justice as anintegral part.

After the popular revolution, the Constitution ofthe Kingdom of Nepal, 1990 has come withdemocratic philosophy. Democracy does not onlymean political democracy but also socialdemocracy. Social democratic society addressesthe needs of vulnerable and protects their basictenets of human rights.4 Apart from comprisingthe basic values of social democracy, the existingconstitution merely has focused on politicaldemocracy and be aloof from needs of Dalits,ethnics and women as well. The constitution hasonly carried out the principle of libertarian butnot egalitarian. Civil and political rights haveprioritized rather than socio-economic rights.5

Though, there are some rights stipulated in theconstitution as fundamental rights are notadequate.

Constitutional WeaknessThe Constitution of the Kingdom of Nepal, 1990has enshrined rights to equality as a fundamentalright. Article 11 of the Constitution states, “Allcitizens shall be equal before the law. No personshall be denied the equal protection of the laws.”Going further, Sub-article 2 says, “Nodiscrimination shall be made against any citizenin the application of general laws on grounds ofreligion, race, sex, caste, tribe or ideologicalconviction or any of these.” Sub-article 4 of thisArticle is specific for reducing the discriminationbased on caste. It says “No person shall, on thebasis of caste, be discriminated against asuntouchable, be denied access to any publicplace, or be deprived of the use of public utilities.Any contravention of this provision shall bepunishable by law.” Following the spirit of thisprovision, the Country Law (Muluki Ain, 1963)has made such discriminatory activitiespunishable.

Constitution has really comprised the proceduralequality as propounded by Dicey in 16th

century.6 The formal model of equality principleis based on classical liberalism and based on asameness approach and it is more applicable tocivil and political rights. It believes on neutrallegislation. Since, we lack the sameness societyrather adopt separateness, in addition to thisconcept, it is necessary to include the substantialequality to deprived and disadvantaged people.Because for the application of procedural orformal equality, there should be equal status. Forthe equal status, there should be preferentialarrangements for the disadvantaged groups aswell. Otherwise, only the powerful groups will bebenefited before the law. But, here the authordoes not mean the constitution is absolutely silentfor preferential arrangement. We, all of us knowthat provisos in Sub-article 3 has stated forprotective measures. But, law of technicalinterpretation does not allow any to interpretproviso dynamically or going beyond the specialprovision. So, problems can come to judiciary tointerpret it dynamically. But, the scheduledprovision demands interpretation for theapplication of this provision for Dalit. There areno any words to make any law or the protectionand advancement of the interests of Dalits orethnic or specifically but women, children,incapacitated and economically-socially andeducationally backwards.7 For the protection ofDalits' rights, this provision does not seemadequate. This provision can merely take its fullform, if the judiciary injects life to it. But, thejudiciary of our country has not become sodynamic for Dalits. It is therefore, there should besubstantial equality for disadvantaged in specificformulation. It is said by one study that thesubstantive model of equality recognizes thatequality is not about women, minorities and thedisabled being considered equal as long as theyare not treated differently from, for instance,white, able-bodied men. They should be createdto that they could enjoy equality with other.8

Similarly the Justices of Canadian SupremeCourt has also explained the extent of substantiveequality:

…Equality, as that concept is enshrined as afundamental human rights within section 15 ofthe Charter, means nothing, if it does notrepresent a commitment to recognizing each

Informal /20

person's equal worth as a human being,regardless of individual difference. Equalitymeans that our society can not tolerate legislativedistinctions that treat certain people as a secondclass citizens that demean them, that treat themas less capable for no good reason or thatotherwise offend fundamental human dignity.9

So, the constitution should comprise not mere theformal equality concept but also the substantialequality concept. For substantial equality,constitution should assign the specific job to theexecutive wing of government to carry outspecial measures for the downtrodden like Dalitcommunity in society. It may not be reasonable toleave the power of interpretation over judiciary inour circumstances where most of the judges arefrom so-called higher caste people, ratherobligation should best upon to the executive wingto introduce compensatory programs for them.

Since, equality gives shape to all other rights:without equality, other rights can only besymbolic, devoid of any true meaning, theconstitution should expand its scope relating tothe Right to Equality. In the mean while for thecompensatory measures for Dalits, the provisionrelating to the representation, composition andappointment of the constitutional bodies shouldbe amended and articulate specifically for theparticipation of Dalit as well.

Right to NationalityArticle 9 of the constitution has been animpediment for Dalit women namely Badi10

from being citizen of the country. Theconstitution says in Article 9 (2); every childwho is found within the Kingdom of Nepal andthe whereabouts of whose parents are notknown shall, until the father of the child istraced, be deemed to be a citizen of Nepal bydescent.' This provision has assignedauthorities power to give citizenship certificateto those who come with the name of his/herfather but not mother. The citizenshipcertificate cannot be claimed with the name ofmother. It is therefore, this provision effects theBadi children, since the occupation that theirmother professed, impossible them to identifythe actual father. Their major concern has been

to attain citizenship for their children. Theofficials at the village development committee,municipalities refuse to register the birth ofBadi children, even in case their father ispresent. Citizenship, therefore, has become aremote thing for them to obtain.11 The basicrights among other rights, however, is calledcitizenship rights, but the Badi children arebeing subjects of far from this right. As a resultthey are compelled to be used by the politiciansfor vote only and far from obtaining equalopportunities of state resources.

Definition of KingdomIn one side, the constitution defines nationstating that the united by a bond of allegianceto national independence and integrity ofNepal, irrespective of religion, race, caste/tribe,collectively constitute the nation,12 but in otherside, in defining the Kingdom, the constitutionstates: Nepal is a multi-ethnic…Hindu…Kingdom.13 Here seemssome contradiction between these two differentprovisions. Identifying kingdom on the basis offaith may raise difficulty in the way ofintegration. Similarly, such provision maydiscourage the feeling of belongingness toethnics, and groups of others who follow andadopt different cultures and religion. Since,Dalit themselves, think the Hindu culture ismajor responsible factor to plant the seed ofcaste division and untouchability, it istherefore, such provision does not help them tobe encouraged for inclusion. Even the principleof pluralism does not give consent to prioritizeparticular religion by the state itself.

Right to ReligionArticle 19 of the constitution has mentionedabout the right to religion. According to thisArticle, “Every person shall have the freedomto profess and practice his own religion ashanded down to him from ancient times havingdue regard to traditional practices”. Goingfurther, the proviso of this Article says:“provided that no person shall be entitled toconvert another person from one religion toanother”.

So, this provision may encourage the hurdles to

Informal /21

those who convert the religion and profess aswell. In one side it is seemed that the constitutionis liberal towards the religion, but in other side, itis calculated easily that the constitution is biasedtowards Hinduism. Such contradiction and non-clarity leaves discretionary power to theconcerned authorities. Conversion can not beallowed by this provision. It is therefore, this is aprovision seemed difficult to understand to thelaymen. But the neo-concept of rule of law sayslaw must be simple where every layman canunderstand easily.

These are some examples seemed contradictoryand raise confusion in the protection andpromotion of Dalit rights. In addition to these,there are also various issues within theconstitution. Right to freedoms14 however hassubmitted various important rights, as the form ofself-determination and civil and political rights,has not been able to comprise the right to life orfreedom for dignified life as well. For thephysical existence, it has submitted specific Sub-article. But it has failed to comprise right toquality of life. However, the Supreme Court ofNepal has interpreted this keeping with right todignified life. Right against exploitation is amajor right provided by the Constitution of theKingdom of Nepal. Dalit people who are subjectto forced labour and work without reasonablewages may be benefited.

Besides these ambiguous provisions in theconstitution, there are other lacking also. Though,there is a right as fundamental relating to criminaljustice but right to victim justice is yet to beincorporated on fundamental rights. Meanwhile,there is a right to remedy in Article 23 of theconstitution. But this Article can't be functional inthe absence of Article 88 of the Constitution.Article 88 (2) of the constitution does not allowany legal institution or organization to file thecase as public interest litigation. There should bethe physical presence of human as petitioner.These shortcomings directly/indirectly hamperthe human justice to the general populace likeDalits, indigents and vulnerable.

Directive Principles (DP) of State and DalitsPart fourth of the existing constitution has

mentioned about the directive principles of statepolicies. These are not enforceable rights becausean individual has not authority to entertainagainst non-implementation of the policies.15 Ithas specifically mentioned that the principles andpolicies contained in this part shall not beenforceable by any court.

The directive principle of state policy has variouswelfare provisions for the advancement ofdisadvantaged communities like Dalits, womenand ethnics. This part has also advocated forinclusion and integration of all castes, culturesand values as well. At the mean time there aresome provisions for economic upliftment ofbackwards and for the elimination ofdiscrimination based on caste and gender aswell.16 To rise educational standard andeconomic status, part fourth has provided someguiding mechanisms to be adopted by the state.Article 25 (3) of the constitution sets the socialobjectives of the state as seeking to establish anddevelop the foundations of justice and mortality,guaranteeing healthy social life by eliminating alltypes of discrimination. It is therefore, it can beclaimed that part fourth has tried to comprise thesocio-economic rights. All contents of socio-economic justice like, free education, specificprograms for economic promotion, culturalfacilities, free legal aid, elimination ofdiscrimination, decentralization, equaldistribution of state resources and specialmeasures for upholding integration and inclusionhave been submitted by this part. However, thesepopular provisions, since the lack of power to beenforceable, there needs judicial boldness tomake them materialized as well. Without, thejudicial articulation, these provisions remainmeaningless, and remain as mere the paper tiger.It is the positive sign demonstrated by theSupreme Court of Nepal in interpreting the scopeof directive principles of state policies. Judiciaryitself is changing its appearance from thetextualism,17 which in the end fails to be of muchassistance in discovering the appropriateapplication of constitutional language. But, incomparison of Indian SC, it has not becomesimilar and dynamic in the interpretation of theseprovisions keeping with same of fundamentalrights.18

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Practice of DP and Dalits Rule of Law includes both law in books andpractice. Mere inclusion of positive provision isnot sufficient to result positive consequence. It isuniversal truth that constitution cannot submit allthings. It does merely include the framework. It istherefore, the responsibility goes to three wingsof government to enforce and implement as well.If the three wings of government are honest andcommitted to their people, no doubt there will befair implementation and constitution will get itsreal edifice, but if they are not dedicated as saidconstitution will be futile. But this philosophy islittle bit different with ours. Since our prevailingsocio-education system, there should be theconstitution wide and submitted all basic things

as well. Otherwise, there will exist problems inapplication.

Despite the right to equality and right againstuntouchability under Article 11 of constitution,Dalit people are being subject of untouchabilityand degrading treatment by the state authoritiesitself. There seems the silence culture of thegovernment authorities against the events ofuntouchability. This culture has resulted in bulkof events against the dignity and humanity ofDalit people in Nepal. Some instances are asfollow:

Table illustrated above clearly shows that the so-called higher castes people are victimizing toDalit. The incidents of atrocities and descent-

Atrocities Date Place of Event Victim Perpetrator Cause

Beating 5 Aug. 2002 Chitwan District Amrit Sarki Krishna

Adhikari

Untouchability

Teminated from

Job

2002 Green Guest

House

Rajendra K. BK Hotel Owner Prejudice

Beating 23 June 2002 Chitwan Lila BK Amrit Gururng Untouchability

in Public Places

Defame to

Headmaster

May 2002 Hetauda Badri B. BK Giri Raj and

others

Principal was

beaten injured as

he hired Dalit

person as a

cook.

Boycott from

Family

June 2002 Haputar VDC Kamal Karki Local People He was

boycotted

because he

married

Untouchability

in School

Nov. 2002 Ramechhap Ganesh Pariya r Teacher and

students

State itself

involved in

discrimination

Prohibited to

Enter into

Temple

Aug. 2002 Udaypur Pramila Pariya r Priest Moti

Prasad Neupane

Prohibition to

entrance in

public place

Prohibited Dalit

to Involve in

Cultural

Program

Sept. 2002 Far Western

Region of Nepal

Local Dalit

people

Local so-called

upper caste

people

Untouchability

Some Examplery Cases of Dalits' Victimisation19

Informal /23

based discrimination on Dalits are increasing dayby day in Nepal because of growing awarenessand assertiveness of the Dalits. The Governmentauthorities however are seemed silence becauseof their prejudice, the culture of silence in Dalitpeople some how has diminished against theexploitation and injustices. Break of culture ofsilence is the consequence of NGOs’ attempts.

Despite of Right to freedoms articulated in theconstitution, there are various cases caused by theconversion of traditional occupation. The localleaders and the parliamentarian themselvesinvolved to impose so-called low caste people tocontinue the traditional occupations. The instanceis social exclusion of Chamar20 caste people inthe eastern part of the country, and prohibition ofDalit activists in the entrance of temple. In theseevents, Dalits wereimposed to deprive allc o n s t i t u t i o n a l l yguaranteed freedomslike freedom ofexpression, chose theoccupation, walk andagitate againstexploitation. Similarly,in the name of witch,21

the so-called upper castecouple bit a Dalitwoman. This is the listof atrocities happeningin the country againstDalit. There are severalinstances of socialboycotts against couples if they got inter-castemarriages. Even though, no law is existed toprohibit anyone getting the inter-caste marriage,since, biasness endemic in the mind ofimplementing authorities, the couples are beingdiscouraged and imposed to leave the society andcountry at all. Dalit woman, are being victimizedby such incidents. Equally, there are bulks ofevents caused by temple entrance. It hasenshrined in Constitution that, no one shall beprohibited to entrance in Temple and publicplaces as well. However, one of the members ofConstitution Drafting Committee22 wasprohibited while he was trying to enter into thetemple with Dalit activist in the western part of

the country. At this juncture, the stateadministration and the district authorities hadturned a blind eye to these continuing events.

Since the prejudice of implementing authorities,the legal provisions have not been implementedas per the constitution and law. They normallytreat violence against Dalits as a very minor andmarginal issue, whether be it police, theprosecutors and the Chief District Officer. Wholelocal administration remained silent. No onehelped Dalits. Similarly, most of the incidents ofthe crime against Dalits go unreported because offear of reprisal and refusal to register the cases ofDalit atrocities.

There is fundamental right under the Article 20relating to right against exploitation and law to

eliminate the bounded labour. Despite thisprovision, Dalit people are subject to that of theTharu bonded labour called Kamiyas. ManyDalits rely on such system to earn theirlivelihood. It may be considered as forced orbonded labour.23 The Act for welfare theliberated bonded labourers however, included theterm Hali in the definition part of bonded labor,but the Act has not submitted Dalit Halis inimplementation parts.

With a view to implement the policies andprinciples of the constitution, the Governmenthas enacted various laws and introduced variouspolicies for advancement of Dalits and

Source: National Dalit Strategy Report 'Situational Aalysis' Action Aid. et al. 2002.

S.N. Dalits Primary Secondary SLC Certificate Total

1. Gaine 15.7 3.7 0.1 0.1 19.8

2. Damai 15.2 3.2 0.2 0.1 18.7

3. Kami 13.7 3.1 0.3 0.7 17.3

4. Dhobi 8.9 5.3 0.9 0.7 15.8

5. Sarki 12.6 2.5 0.2 0.1 15.4

6. Badi 10.1 2.4 0.4 0.1 12.8

7. Khatwe 5.4 2.4 0.4 0.1 8.3

8. Chamar 4.8 1.9 0.2 0.1 7.0

9. Dushadh 4.2 1.8 0.3 0.1 7.0

10. Mushar 1.4 0.4 0.0 0.0 6.5

Educational Status of Dalits

Informal /24

downtrodden as well. However, their weaknessesin concept or lack of honesty among authoritiesin implementation, Dalits have not been able totaste the fruit of these welfare laws.24 There is aAct for providing legal aid to vulnerable, but ithas not been implemented in all districts. Theimplementation of this Act is limited within onlyeight districts. Even the implementation of thisAct has not been result oriented. Baitanik lawyer,as the Act supposed for providing legal aid, sincethey get minimum remuneration, are not able todefend properly. As a result of that the poor andindigents have to loose the case and be aloof fromjustice at all.25 At the same time no specializedunit has been established as per the Legal Aid Actunder Legal Aid Committee to defend the rightsof disadvantaged people. Nepal Bar Associationhowever established a separate legal aid, but it is

only concerned with courtroom practices. Nomechanism exists to allow women and childrento access the legal process from within theircommunities.26

It is also observed that the law enforcementagencies are unaware of these rights properly.The Local Self-governance Act has spelt for Dalitparticipation in local level and mandated localbodies to formulate the policies fordisadvantaged. But the implementation of thisprovision is not satisfactory. Even the legalmechanism lack the special arrangements toreview and evaluate the implementing process.

The national plans and programs however, haveincluded various welfare programs for the socio-economic upliftment, the socio-economic

situation of Dalits has not been improved. Thislow socio-economic situation has resulted theirlow education status as well. The existingsituation of Dalits can be illustrated here:

Other Legal Obligations In addition to the constitutional and legalprovisions for the upiftment of the disadvantagedgroups of the country, there are several humanrights instruments27 that directly denote theobligation to the state parties. One of them is 'International Convention in Elimination of Allforms of Racial Discrimination, (ICERD) 1965.It is the basic one that includes work and descentbased discrimination as the form ofdiscrimination and oblige state to adopt specialmeasures to abolish the discrimination. TheConvention defined widely the term racial

discrimination. The definitionincludes segregation,distinction, negation, andexclusion as the form ofdiscrimination.28 Treaty Actunder –section 10 providesthat in the event that theprovisions of treaty to whichthe Kingdom of Nepal hasbecome a party following itsratification, accession,acceptance or approval byparliament contradiction withthose of domestic laws, the

latter shall be held invalid to the extent of suchcontradiction for the purpose of that treaty, andthe provisions of the treaty shall be applicable inthat connection as law of Nepal.

Despite of some positive attempts, the extent ofuntouchability has not been reduced. Still Dalitsare subject to hurtful discrimination-segregation,exclusion from public institutions such as hotels,temples, schools and restaurants and milkcooperatives, or denied free access to water andother public facilities and opportunities providedby the government. This perpetual discriminationindirectly harms Dalits' self-confidence. Suchdiscriminations result in the lack of Dalitparticipation in implementing agencies. Thesocially deemed low castes Dalits have noparticipation in the state organs. Dalits are not

InstitutionsSo-called

Higher Caste

Kirat

Caste

Dalit

CasteMadhesi

Judiciary 181 18 0 0

Constitutional

Organs\Commissions

14 3 0 0

Public Administration 110 9 0 0

Legislature 159 46 0 4

Educational Organs 75 7 0 1

Science and Technology Sector 36 6 0 18

Source: Integrated Index of Governance- 1999,Quated in Situation of Dalit in Nepal' NationalCommission for Dalit, 2003

Dalits' Participation

Informal /25

represented in policymaking and implementationbodies from central to the local levels of thegovernment, donors and INGOs. Dalits are usedonly as vote banks to the politicians and showpiece for attracting green dollars or 'magi khanebhando' (begging pot) for NGOs and INGOs.They are even deprived to express their opinionby vote fairly.

It is therefore; State only sends report in CERD.Government thinks sending report only is thebasic obligation conferred by this convention. Asthe earlier report for CERD, the Government isgoing to submit the Sixteenth periodic report ofState Parties compiling various positive things. Ifwe go through the report, we easily can feel thatgovernment sends report for showing himself ashonest and dedicated state party not more thanthat. Report merely submits the plans, policies,which remain in books as the special measuresagainst untouchability and upliftment of Dalits.

Conclusion and RecommendationAbout 20 per cent of the whole population29

constitute the service castes (so-calleduntouchables and Dalits) who are assigned thetraditional hard jobs and unclean works likecleaning the dirty places, making shoes, wipingout the dirty things and removing dead animals.30

Four fold Varna system along with castehierarchy, purity and defilement of water, foodand body, Hinduism of the Indo-Genetic pains ofIndia created division of labor based on decentetc.31 These occupied works result hurtfuldegradation and subject to humiliation anddiscrimination. Dalits are therefore, becomingvictims of denial from entering intotemple/public hotels in local evils, participatingwith social rituals and mainstreaming with statedevelopment. They also are depriving to have theshare of the distribution of state facilities.

Dalits are so aligned and dependent economicallyon upper caste that they are afraid even to thinkto lodge the complaints against the landlords.Some, who lodge the cases, has to be victim ofsocial torture. Since, his/her low economic status,has imposed him/her to tolerate the atrocities.They are subjected to forced labour almost to thatof the Tharu and Chaoudhary bounded labours

called Kamaiyas. The Kamaiyas have becomefreed from bounded labour life. The Special Acthas enacted to free and rehabilitate them. But,Dalits are still imposed to work for landlords withminimum wages. Bali-ghare is a system in whichso called lower caste labours work for so-calledhigher caste people and the patrons giving somefood grains to their clients during harvestingtime. Poor and landless Dalits often rely on suchsystem for their physical survival. Most of theDalit people are poor ad landless. Theirtraditional occupations are stigmatized by thesociety and even if somehow they try to pursue it,they cannot compete with the cheap productsavailable in the market. Cheap products havedisplaced their means of livelihood.32 It istherefore; they are not only sociallydiscriminated, but also economicallybackwarded. Their low economic growth incomparison of other castes is illustrated by thisstudy carried out by an organization:

Forced prostitution is another problems endemicin Dalit women. Badi, the culturally richcommunity are forced to involve in prostitution.State still has not initiated ay special program touproot their compulsion behind adopting suchimmoral practices. They do want to be free fromsuch practices if state arranges special programsfor their survival. Badi women have to facevarious problems. Their poverty, illiteracy andinsecurity, they are compelled to be involved inprostitution. One research states; all Badi womencomplained that non-Dalit police and menoccasionally break into the house at mid-night adrape them in front of their family members. Theiradult sons/daughters also have to be deprived ofgetting citizenship certificates by theadministration. The Constitution itself is biasedin this regard.

It is therefore, this is the time to voice for theconstitutional reformation and institutionaldevelopment for eradication of untouchabilityand upliftment of Dalits as well. Constitutionshould address the socio-economic problems ofthis community. For this, there should beamendment and inclusion of right to work andaccommodation, right to language, nationalityand right to reservation in public service as well

Informal /26

as private places. Constitutions should clearlycomprise the provision for reservation for Dalitsin representation, administration, health andeducation like Indian Constitution. Articulatedobligations should be enshrine with a view tomake obliged to implement and enforce these allwithout any bias and prejudice.

The Civil society can educate and encourage theDalits to develop their consciousness andbehaviors for change. The concerned NGOs andINGOs in this regard should help Dalits not tomake them dependent in the name of liberatingbut pushed them for participation in governanceprocess as well.

Now, Dalits have been demanding reservations indifferent sectors in land allocation, education,civil service, political appointments, politicalrepresentation and in similar other areas. But itshould not be forgotten while raising voice for theareas of reservation is that it should be in privatesector also and ensure by the constitutionalframework.

Basic things that to be raised are given as follows:Ensure the rights regarding land, farmers andwork as well as accommodation.Representation: political participation of theDalits should be enhanced by amendingexisting electoral system and introducingproportional electoral system.Ensure right to nationality, language andprovision for secular state.Articulate the right to victim justice in theframework of constitution.Ensure right to reservation and oblige state toinstitutionalize this policy. Enact suitable legislation to recognize anderadicate discrimination based on work anddescent, including caste discrimination anduntouchability.Take immediate steps to create transparentand effective monitoring mechanismsincluding the establishment of time-boundprogrammes to ensure effectiveimplementation of existing welfareconstitutional mandates and legal provisions. Declare caste discrimination, as Crimesagainst Humanity and enact and enforce

legislation to guarantee the right to life andsecurity, particularly the women and childrenof these communities, to criminalizeviolence, atrocities and incitement todiscrimination and violence committedagainst these communities, and to effectivelyand speedily prosecute offenders at alllevels.Enforce speedy and effective legal andprogrammatic measures to aware Dalitsabout their legal rights and to rehabilitate theDalit Badi women improving quality oftheir lives by giving them access to arablelands, proper housing, gainful employmentand education.Provide for a living wage and prohibit childlabour, bonded labour and manualscavenging. Also implement laws relating toland reform that would guarantee access toand control of land for these communities,and ensure that these lands are officiallyregistered in the name of women of thesecommunities. Create and strengthen transparent policiesand systems of affirmative action,irrespective of religious affiliation, thatenhance the access of these communities,especially their women, to highergovernment posts, including scientificinstitutions, and to posts in the governmentadministration, the judiciary, lawenforcement agencies and the private sector,including multinational corporations. Allocate adequate funds to guarantee theenjoyment of their rights to livelihood, land,education, housing, potable drinking water,sanitation, health and employmentopportunities, with special emphasis on theirwomen, and establish effective monitoringmechanisms to ensure full and properutilization of available funds. Introduce measures of reparation for thecenturies-old wrongdoings committedagainst these communities throughlegislation and appropriate machineries forthe purpose of restitution, monetarycompensation, and rehabilitation and forensuring guarantees of non-repetition. Last but not least is the NGOs to lobby toensure that the relevant Governments are

Informal /27

Notes

1. Rajshekhar, V T . 2004. Caste a Nation within a Nation 'Recipe for a Bloodless Revolution. 'BfC' p. 23. 2. Tamrakar, Tek. 2001. Social Justice to Dalits 'Essays on Constitution' Kathmandu: NLS Vol.38, p. 88.3. Allen, Michael et al. 1995. Constitutional and Administrative Law. Lawman Pvt. Ltd., p. 54. Basic tenets of human rights are liberty, equality and dignity (pursuit of happiness).5. Right to freedoms, rights relating to the information, Privacy, right against preventive detention are the instances of civil

and political that the constitution have enshrined.6. Dicey propounded the concept on formal equality i.e. right to equality, equal opportunity, equality before the law and

non-arbitrariness.7. Provision goes; provided that special provision may be made by law for the protection and advancement of the interests

of women, children, the aged or those who are physically or mentally incapacitated or those belong to a class, which iseconomically, socially or educationally backward.

8. Forum for Women Law and Development (FWLD). 2003. Special Measures and Its Impact upon Women. Kathmandu:FWLD, p. 22.

9. See; Egen v, Canada (1995) 2 SCR. 513 at 543. 10. Badi is a community belong to the Dalit, came from India with a cultural skill of dance, playing instrument and

subsequently made forced to be involved in prostitution.11. Quoted from' Tek Tamrakar' Dalits' Rights under Nepalese Legal System' FEDO, 2003, p.198. 12. Article 2 of the Constitution of the Kingdom of Nepal, 1990.13. Ibid. Article 4 14. Ibid. Article 1215. Ibid. Article 24 16. Ibid. Article 25(3)17. Texualism interprets and applies constitutional tenets strictly to its letter is full of limitation and fallacies (Blackstone

Approach)18. Minerva Mills case19. Quoted from Tek Tamrakar et.al. 2003. Related International Treaties, Dalits and Nepal Law'. Kathmandu: National Dalit

Commission'.20.. After this event, Dalit NGO Federation filed the case and Supreme Court made directives in the name of concerned

government authorities to adopt measures to prevent such events. Despite of this directive, same kind of event has takenplace again.

21. The women victimised in the name of witch was Marani Devi in Mahottari district22. Damannath Dhungana was prohibited to be entered into Temple with Dalit activist Durga Sob, the Member- Secretary of

the National Dalit Commission23. Balighare and Halighare system where Dalit worker receive food and shelter as the form of wage.24. Welfare laws for Dalits and backwards are Legal Aid Act, Local Self-governance Act, Bounded Labour Elimination Act,

Education Act, Development Committee Act, Human Rights Commission Act, Rules of All Courts, Consumer ProtectionAct, Children Act, Child Labour Act, Civil Rights Act, etc.

25. The Indian SC CJ P.N. Bhagwati, therefore, rightly observed that the legal aid provision under adversary legal system isbeing adverse for poor and vulnerable.

26. Enabling State Programme (ESP). 2001. Pro- Poor Governance Assessment in Nepal. Kathmandu: ESP p. 147.27. Altogether 16 International Human Rights Instruments including ICERD, 1965.28. Ibid. Article 1 29. This statistic is forwarded by the Dalit activists, but the statistic of Governments calculates about 13% of whole population.30. Tamrakar, Tek. 2003. Dalits' Rights under Nepalese Legal System. Kathmandu: Feminist Dalit Organization.31. Battachan, Dr. Krishna et.al. 2003. Existing Practices of Caste-Based Untouchability in Nepal and Strategy for a Campaign

for its Elimination. Kathmandu: Action Aid.32. Ibid.

made accountable to Parliament and to theUN Committee on the Elimination of RacialDiscrimination for their implementation ofpolicies and programs aimed at eradicatingwork and descent based discrimination,

including caste discrimination anduntouchability, by constitutionallymandating their Governments to submit andopenly discuss the annual reports of NationalHuman Rights Institutions.

Informal /28

The act of untouchability guided by the Hinduculture and tradition was legalized sometimes inthe past and the people not following this trend inthe society were punished and even degradedfrom their caste or were outcaste by the state.Whereas everything is adverse today! The samestate, has declared the punishment to those whopractice untouchability. Not only this! But it hasalso declared untouchability as the crime againstthe state and society and has decideduntouchability as the government prosecute! Buta Civic Society has suspicion over the decisionmade for it being just for the sake of decision.After declaring untouchability as the governmentprosecute on 26 July 2004 many incidents ofuntouchability have been recorded in the country,of them one is the case of Nanda Sarki ofGodavari VDC Kailali district. Though, she wasdeclared wife of Chakra Rawal, a resident of thesame village, by the decree of court, but still shehas been refused by the family of groom. She isnot accepted as the family member just on thebasis of caste and government has not taken anyaction against it.

Not only this! During entire period after thedeclaration of untouchability as the lawsuit ofgovernment, there is not a single record ofregistration of untouchability cases in any of thecourts in the kingdom although many incidents ofuntouchability have taken place.

Recently HMG/N has formed a high leveladvisory committee in order to implement thespecial provision of reservation for women, Dalit,indigenous, and ethnic groups under thecoordination of Finance Minister. The committeeis responsible to suggest over the managementmatters after looking into the reservation areas

for Dalit, indigenous, ethnic groups and womenin the public institutions like education sector,public administration sector, health sector, othersectors of employment and eradication ofdiscrimination against women. Regarding theelimination of discrimination against women, theInternational Convention on Elimination of AllForms of Discriminations against Women singed13 years ago by HMG/N is being initiated forimplementation recently, which is somehow apositive measure to be appreciated and at thesame time no indication from government toimplement the International Convention onElimination of All Forms of RacialDiscrimination (CERD) ratified earlier by Nepalis a tragedy, too.

The government’s serious concern and sensitivityon fulfilling the commitment would have beenhighlighted to build the positive image in thenational and international context if it had alsoallocated the responsibility of advising on theInternational Convention on All Forms of RacialDiscrimination to the esteemed high levelAdvisory Committee formed, as for eliminationof discrimination against women. Simply afterdeclaring untouchability as the governmentprosecute if state has thought it has done enoughand doesn’t think important to do further butrather thinks it will get solved itself than thenecessity of eradication of untouchability in thestate, the sacred mission carried by theinternational convention to eliminate all forms ofracial discrimination and the commitment madeby Nepal for it will never be fulfilled. Unlikelyfrom the date of ratification of this convention byNepal for the last thirty-three years it has notsubmitted the report of the measures it has takenand the success it has obtained as to help the

Rationale of Making UntouchabilityCases of Government Prosecution

Ratna Bahadur Bagchand

Informal /29

mission of the convention as per the provision toproduce country report in every two year has notbeen properly followed by Nepal, rather therecords shows only three reports have beensubmitted so far which were also accomplished inthe pressure from the civic society, seven membercommittee (this writer was himself involved)formed the government two years ago to send the15th Country Report, the report send was noteven shown to the committee and was send to theUN as 15th and 16th Country Report in 2003.This type of sluggish working style of thegovernment also shows that how serious are thegovernment institutions on the matter ofelimination of racial discrimination.

Before making untouchability the governmentprosecute from 1993 to 2002, whatever casesaddressed under the Civil Code 1963, registeredin the court were all through the endeavors ofDalit organizations. The number of cases foundregistered so far were eleven. The study of thosecases shows that the decree of court has fined theculprits Rs. 50 to Rs. 2000 but none of thedecisions were deliberate towards imprisonmentof the culprit. Valuation of the decree in thesecases according to the provision of the Act showsthat the fines declared by the jury were thegreatness of the judges but not the intention of theAct. The comparative study of the Article 10 andthe Article 10 ‘Ka’ explicitly expresses theintension of the Act.

The provision in the Article 10 of Civil Code1963 says that the unnecessary disturbance orinterference in ones cultural or social rituals willbe fined Rs. 1000 or would be a yearimprisonment. Similarly, the article 10 ‘Ka’ hasprovision of imprisonment for one year or threethousand fines or both if discriminated anybodyon the basis of caste and race.

The differences in these two articles are that theformer article reserves the right of a ‘must’ topunish the culprit who disturbs the prevalentritual of caste based discrimination system whereas in the latter one talks about the possibility ofimprisonment and penalty to the culprit whocontinues the prevalent inhumane act of castebased discrimination. Thus, the inner intension of

this provision explicitly reflects that any actagainst social and cultural mind set must bepunished and the one supporting promotion ofuntouchability is not necessarily to be punished.

The amendment in supporting Act made toexecute the right on well expressed verse of Rightagainst the Racial Discrimination in theconstitution, though, partly has reflected thenorms of Constitution, doesn’t at all reflect theprovision of Convention on Elimination of RacialDiscrimination. The article 11 (4) of Constitutionthough has provision of a must punishment to theculprit, practicing untouchability, the Article 10‘Ka’ of Civil Code 1963 provision on punishingculprit on the self-wit of Jury, depending on theirunderstanding of necessity of punishmentsimply tries to promote the trend of punishmentto the culprit of untouchability.

A case of Muna Devi Damai who was fed withhuman fecease of Dhangadhi Municipality fallsunder the provision of the Constitution and theInternational Convention on Elimination ofRacial Discrimination is not addressed by CivilCode 1963.

Things not covered and areas not addressed byCivil Code 1963 are: racial group murder,physical assaults, social condemnations,economical benediction, forcefully cadaverfeeding, forcefully making dispose the animalcarcass, confiscating the land, polluting thesource of drinking water, filing in alleged cases,expulsion from village, putting restriction onpublic streets, police torture, forceful physicalassault on women, forced to prostitution, stripedand insult.

Regarding international treaty on elimination ofcaste based discrimination, India, like Nepal haspassed Indigenous Discrimination Act 1989 andlaw 1995 to stop prevailing or latent castediscrimination. It clearly demarks the definition,classification and punishment for discriminationtowards enlisted lower caste and indigenouspeople as well as provides judicial, legal andcompensation system to the victims. Similarly, inorder to endorse this rules and regulations,committees at the central, district and unit level

Informal /30

have been formed. In addition, to make thegeneral people aware of such rules andregulation, empowering centers have beenformed and especial police forces have beenformed to investigate over the complaints filed.These systems are of relevant importance to us.

Government decision to make untouchabilitygovernment case to eliminate castediscrimination is definitely laudable. Even then,there are many home works that the governmentneeds to do, like formulating untouchables andindigenous (discrimination elimination) law asper international treaty, 1965. It covers fixing adefinite punishment to the culprit, assign aspecial section to oversee caste discrimination indistrict courts, appoint government lawyer tocases related to human rights, untouchability andwomen rights and provide allowance duringjudiciary procedure, stay at the districtheadquarter to the victim apart fromcompensation, transport.

Before making this adamant legal system, it isnecessary to put forward states perspectiveregarding eliminating caste discrimination andaccordingly allocate certain amount in thenational budget and establish a national center tocoordinate movement to abolish existing castediscrimination.

After this, to check whether legal proceedingshave been held or not making National DalitCommission (making existing Dalit Ayogsystematic and effective) and NationalIndigenous Academy responsible to oversee andevaluate them.

And finally, if the government is rather thanshowy but really serious by makinguntouchability case a government case, to provethe general public that it is really committed toreform existing social inequality, it should showit’s serious concern. The civil society is ready tohelp.

Informal /31

BackgroundThere was a time when people were far away fromgreed, desire, envy, hate, jealousy, selfishness,insult and discrimination. With the development ofhuman civilization, hatred started to grow in them.As a result, society stratified in class, caste, high,low and other structures. Discrimination becamewide and society drowned into vicious circle ofinequity.

Time went by, people started struggling to comeout of this vicious circle of discrimination in asociety and in this process, society spent centuries.However, mal-practice like untouchability hasbecame successful in staying in a society.Eventually, the practice of caste discrimination anduntouchability was exercised according to the willof the rulers. Rulers got power to raise caste statusbased on their desire and happiness, in other word,if they became happy with a person or group, theyare included in their caste and if not, they areoutcaste. This kind of behaviours was widelypracticed. One after another, rulers started to holdcontrol on common people. They were always putin the lowest position. They were marginalizedfrom wisdom, education and awareness. They weremarginalized in such a way that it will take themthousands of years to come up.

Dalit community has been suffering from injustice,discrimination and exploitation due to the socialstratification made by feudalistic rulers.Malpractice like this have always dominated them.They were always put aside from education andwisdom because rulers fear that they will revoltagainst them if they became educated. This kind ofideology is still prevalent in the society and they donot want Dalits get educated.

Segmental Division of SocietyThe caste system is one of the most complexfeatures, and as such, cannot be easily summarized

in one or two paragraphs. Moreover, caste is not ahomogenous phenomenon. It varies significantlyfrom Manushmriti. Therefore, let's see descriptionof untouchable caste, which should help us better,understand the position of the Dalit community.

The main basis of the social system is based on thecaste system in which some are addressed astouchable and some as untouchables, whichusually does not exist in any other religions. Theso-called untouchables in Nepal are created by theHindu religion. According to this religion, thecreator of the world Brahma created Brahmin formhis mouth, Kshetria from his shoulders, Vaishyasfrom his thigh and Shudra from his feet. During thetime of feudalistic society, the king (Kshetriyas)used to rule the country. The priest (Brahmin)propounded by the Vedas, the traders and farmers(Vaishyas) used to handle the economy of thecountry and Shudras had to serve all of theseclasses of people through menial works. Thereligion, therefore, treated Shudras as inferiorhuman beings as untouchables. This caste systemwas more formalized and ritualized by somefamous Hindu sage, Manu who propounded rulesand regulations and formed Manushmriti.

On the basis of Manushmriti, casteism was madevery strong and social moves of discriminatorynature were enhanced and enacted. Since then, allthe people belonging to lower castes oruntouchable groups were compelled to surviveunder the slavery of so- called upper caste people.More than that, they were not allowed to acquireproperty, build their own houses, and touch uppercaste people. Education was far beyond their reach,as they were not even allowed to listen to theVedas. According to Manushmriti, if they happento listen the Vedas, their ears should be blocked bypouring melting hot lead and if they happen to readVedas, their tongue should be cut off. In theManushmriti, it has clearly mentioned that

Dalits and Their EducationalStatus

Rachana Rasaili

Informal /32

knowledge should not be given toShudras and if any person makes amistake by giving knowledge to theShudras, they will go to hell alongwith them. Therefore, Hindus, thefollowers of this religious book stillhave the mindset of such religiousbelief, which in result, people nevertry to realize that lower caste peopleare also the same as they are.

Dalits of NepalPopulation Census of Nepal, 2001identifies 101 different castes andethnic groups in Nepal. Brahmanand Chhetri are at the top, known asupper caste/non-Dalit while Sunar(Goldsmith), Kami (Blacksmith),Damai (Tailor) and Sarki(Shoemaker) are at the bottom, andare known as lower caste and Dalit.These lower caste people are alsoaddressed as "Untouchables", whosetouched water is not accepted by socalled upper caste people. Sunar,Kami, Damai and Sarki, thus, are sociallyexcluded. Historically, Dalits and non-Dalits arenot allowed by social custom to touch each other inany physical way, particularly in regard to handlingfood and drink, which still exists. This way Dalitshave been facing torture and humiliation by thenon-Dalit people. They are economicallyexploited, made socially untouchable, politicallydevoid of access all and educationallydisadvantaged. In general, Dalits are characterizedas illiterate, unemployed, landless, poor, ignorant,exploited, docile, unhygienic and ignored by rest ofthe society. Dalit community has lost its self-respect and dignity. As a result of centuries ofsocial discrimination, oppression, exploitation and

suppression, they are left with shadowy identity inthe society.

The Dalit caste and their population not mentionedare Satar (Santhal), Kisan, Darau, Kasai, Kushle,Pode, Chyame, Sunar, Hudke, Dum and Lohar.

The total population of Dalits can be estimatedbetween 16 – 20 percent of the total population.This comes to be approximately 4.6 million out of23 million populations as of 2000. Dalits, however,believe that they are under enumerated for severalreasons. It is estimated that the Dalit communityconstitutes 20 percent of the total population of thecountry, i.e. 4 million out of which Dalit womenoccupies half of it i.e. 2 million. Since it has

Caste/Ethnicity PopulationPercentage

in Total

Hill Dwellers Kami (Blacksmith) 963655 5.21

Damai (Tailor ) 367989 2.11

Sarki (Cobbler) 276244 1.5

Gaine (Singer ) 44484 0.24

Badi (Entertainer) 7082 0.04

Terai Dwellers Chamar 203919 1.1

Kalwar 162046 0.88

Dushad 93242 0.5

Dhobi 76594 0.41

Khatwe 66612 0.36

Mushahar 141890 0.77

Raji 19103 0.1

Teli 250732 1.36

Kushwah 205797 1.11

Total 2879459 15.69

Spatial Distribution of Population of Ethnic and Caste Groupsin Nepal

Source: CBS, 1994

Source: NESAC, 1999

Indicator Nepal Bahun Kshetri Newar Janajati Tarai Dalit Muslim

Life Expectancy 55.0 60.8 56.3 62.2 53.0 58.4 42.0 48.7

Literacy Ra te 65.0 58.0 42.0 54.8 35.2 27.2 23.8 22.1

Per Capita

Income

7673 9921 7744 11953 6607 6911 4940 6336

Per Capita

Expenditure

11866 1533 1197 1848 1021 1068 764 979

Human Development Indicator

Informal /33

become hard to find accurate percentage of totalDalits of Nepal how the condition of Dalits can bemeasured. Therefore it is most important to findout the actual percentage of the Dalits of Nepal.Due to the lack of awareness among Dalits and lowparticipation in regard to equal stand in basic needsand rights i.e. social, political, economical andeducational, their day to day lives have beenresulting in poor living condition, poor healthcondition, low economic and educational status.Therefore children born in this community aredeprived of their basic needs (nutritious food, goodhealth, education etc.) as their parents' lackawareness and unable to afford their children withthese needs.

Government of Nepal has ratified the Conventionon Elimination of All Forms of RacialDiscrimination. So it is the responsibility of thestate to concentrate on this matter.

Education and Dalit ChildrenEducation is said to be both human rights and basicneed of children. Education is necessary to developcapabilities and potential of a person, which is

needed from the childhood period. It empowerspeople to ensure their own rights are not denied. Itallows people to communicate at a deeper level andparticipate in the global community. It is essentialfor the development and advancement of anycommunity, particularly rural communities in

Nepal where if people participate in thedevelopment process of their own community, theefforts made are more likely to be sustainable andsuccessful. In fact, it helps people gain creativeknowledge and skills, but unfortunately, due tofewer opportunities to Dalit community, they lacksuch knowledge and skills, which in result, they arekept far beyond the reach of their communitydevelopment processes. Acquiring education forDalit children is like putting hand in a burning fire.At schools they have to face discriminatorybehaviors by the so-called upper caste people.They have to stay at door side of the classrooms orin some cases; they have to sit separately withouttouching non-Dalit students. Hardly they getadmission at schools just because they belong tolow caste. This is because of dogmas anddiscriminatory nature towards Dalits.

Such practice bounds to raise a big question, "Howcan Dalit, so-called lower caste, children acquireeducation when they are separated, excluded andill-treated by the so-called upper caste students,teachers and staff of the school?” They cannot evendrink water from the same tap used by upper caste

people. If they do so, they are punishedmercilessly. Emergence of such situation isoutcome of traditional belief of society towardsDalits. There are many cases where Dalits arebadly victimized due to poverty and ill treatment inthe villages, schools and other pubic places.

S. No. DalitPrimary

Level

Secondary

LevelS.L.C. University Total

Total

Literacy

Rate

Women

literacy

Rate

1. Gaine 15.7 3.7 0.3 0.1 19.8 31.32 18.33

2. Damai 15.2 3.2 0.2 0.1 18.7 28.91 17.14

3. Kami 13.7 3.1 0.3 0.1 17.3 26.87 14.22

4. Dhobi 8.9 5.3 0.9 0.7 15.8 21.53 08.77

5. Sarki 12.6 2.5 0.2 0.1 15.4 25.09 13.15

6. Badi 10.1 2.4 0.4 0.1 12.8 21.52 11.8

7. Kha twe 5.4 2.4 0.4 0.1 8.3 12.39 03.70

8. Chamar 4.8 1.9 0.2 0.1 7.0 10.71 03.34

9. Dusad 4.2 1.8 0.3 0.1 6.5 10.73 04.02

10. Mushahar 1.4 0.4 0.0 0.0 0.8 04.85 02.40

Total Dalits 11.4 2.8 0.3 2.2 14.6

Educational Status of Dalits (10 castes)

Source: CBS

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Government Policy and Education for DalitBeginning of modern education has not been a longhistory in Nepal. Darbar High School, establishedin 1910 B.S., was the first modern school of awestern style. In the beginning, this schoolprovided education to limited persons. Evencommon people do not have access in this schooland there is no possibility of Dalits having accessin it. During Lichhavi period, there were schoolsfounded by religious groups such as Boudic Dharaand Buddha Dharma. Boudhic Dhara schools werebased on Hindu philosophy and it was not possiblefor Dalits community to get education in it. Evenafter the advent of democracy in 1950, manyschools were opened. But they were not for Dalits. Access to education is a fundamental right of acitizen. The constitution has prescribed freeeducation to the disadvantaged groups under statepolicies. Besides, there are some laws to providefree education to Dalits, women and ethnicminorities. Apart from the right to educationguaranteed by the constitution and state policies,there is an act for education mentioning, “Thereshall be free primary education and no fee shall becharged in the admission of community school,free education to the under privileged communitieslike Dalits, indigenous and women in thesecondary level.”

From past few years, some programs were broughtto increase educational status of Dalits. Dalit-focused program begin from the fiscal year1995/1996. HMGN's Ninth Plan sees improvingeducation as crucial for overall development ingeneral and poverty alleviation in particular.Government policy stresses on equal access toeducation. Basic and Primary EducationProgramme (BPEP) has begun in the fiscal year2000/1.The government has also launched a non-formal literacy programme within BPEP. TenthFive Year Plan focused on development andupliftment of Dalits through affirmative action tobring them into equal status as other social groups.Scholarship program, literacy campaign andvocational education were some programmesfocused on Dalits.

Despite the policies and programmes, there is nospace to satisfy our self-looking at the status ofDalits and their educational status is totallyunsatisfactory. There was no proper

implementation of these programmes. Dalits couldnever have access to education because they weretrapped in Manubadi ideology. For instance, if theyread the scriptures written by Manubadi, theirtongue would be cut down and if they listen to thescripture, their ear will be pierced with iron rod.

Influence of Verna System in EducationThe main reason of educational problem of Dalitsis dependent on the basis of Hindu Verna system.When Verna system started, base of equality andcommunal ideology were destroyed and ideologyof inequality and discrimination came forward.Caste system and its strict line were created in thisway. Casteism differentiated education andphysical labours, individual could not choosehis/her work according to his/her interest andlabours were also divided so that they could notunite against this discrimination. Our educationsector is infected with this hierarchical Vernasystem and it is still not able to make progress.

Untouchability and EducationUntouchability comes as an inhuman and unjustbehaviour against Dalits. Due to untouchability,many Dalits have been suffering from disgrace andpunished. According to a research carried out byAction Aid Nepal, 205 kinds of discriminations areprevalent against Dalits. Similarly, another studyon "Nepalma Jatiya Chhuwachhutka PrachalitVevaharharu ra Taysko Unmulanko AbhiyankoRananiti" (Popular Behavior of Caste-basedDiscrimination in Nepal and Strategy to OvercomeIt) shows that Dalits are discriminated in water tap,well, temple, wedding ceremony, feast andfestivals. Beside this, Dalits are discriminated atschools and hence, it is one of the reasons for theirlow educational attainment. Government has nottaken any initiative to reduce such incidences ofdiscrimination. Dalit children hardly go to schools.Those who are enrolled are treated discriminately.It is child's psychology and children gets easilyhurt and they drop out of school. Instead ofstudying, Dalit children, they develop hatred forschool when they come back. They facediscrimination from their own friends and evenfrom their teachers. This kind of discrimination iscommon in every school in Nepal. In someinstances, Dalit children even feel discriminatedwith examples that are given at schools.

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Schools are the place of wisdom and knowledgeand even these places are surrounded by ideologyof untouchability. Therefore, it requires effort fromstate, civil society and all aware individuals tobring equal participation in education.

ConclusionLast year, government withdrew the registration ofschool situated in Siraha district in which Dalitchildren were studying. With the cancellation ofthe registration, many children of Dalits becamepuzzled. Instead of helping, state is striking them.This incident shows the state's attitude towardsDalits is still traditional.

The government has provisioned opportunities forchildren, women and Dalit communities toempower them in education sector. Dalit childrenare not able to go to school because of severalreasons like social exclusion and poor economiccondition or may be neglected by the state.Although the government provides free educationfor all children between the ages of 6 to 12, manyfamilies of Dalit community cannot afford schoolsupplies for clothing which resulted dominationand humiliation by the society. So far as theimplementation of these provisions is concerned,the students from the Dalit communities are beingcompelled to pay fee at each and every month evenin the community-based school. On the other hand,though the state has scholarship program to theDalit students, it is being misused and given totheir own children or to the non-Dalits on Dalitsquota.

There are reform programmes for backwardcommunity people to increase their educationalstatus, but such programmes are also influenced by

Manubadi ideology. Hence, these programmes arefailed to bring educational change among Dalits.Dalit-focused programmes and interventions aremade from time to time but they have just been'Hattiko Dekhaune Dant' (showing teeth ofelephant). Now, people have lost their hope fromthe state. However, some reforms could be hopedfor. To understand this problem, state has toaddress the root causes. To enhance Dalits'educational status, State has to be hammer on castediscrimination. As long as Dalits remain poor, aslong as they do not get proper environment to go toschool and as long as caste discrimination prevails,their educational upliftment is never possible.When state brings policy to increase educationalstatus of Dalits, they have to give priority to mostbackward groups among Dalits. Monitoring ofgovernment's work should be started.

Educational, economic and political disparitybetween Dalits, and other is due to state protectedand maintained Hindu Verna System. DeclaringNepal as 'Hindu state', state/government has shownits Hindu fundamentalism. It is not possible toeradicate caste discrimination without freeing oursociety from Hindu ideology. It is hard to think ofhopeful increment in educational development. Itis necessary to raise voice against it for educationaltransformation.

Therefore, there are no two opinions that educationis the foundation to bring social equality. Educationawakes society and brings wisdom, which in turnenhances economy and also awares people toachieve their rights. Hence, it is important to upliftbackward societies educationally.

References

CBC. 1994. Statistical Pocket Book. Kathmandu: Central Bureau of Statistic

CBS. 2002. Statistical Pocket Book. Kathmandu: Central Bureau of Statistic

FEDO. 2003. Dalits Rigths Under Nepalese Legal System. Kathmandu: FEDO.

NDC. 2003. Nepal ma Dalit Samudaya ko Ishthiti. Kathmandu: National Dalit Commission (NDC).

Nepal South Asia Cetre (NESAC). 1998. Nepal Human Development Report. Kathman: NESAC

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IntroductionInternational Convention on Elimination of AllForms of Racial Discrimination (ICERD) is oneof the core documents on human rights producedby the United Nations. The Convention affirmsthe necessity of speedy elimination of racialdiscrimination throughout the world in all itsforms and manifestations and of securingunderstanding of and respect for the dignity ofthe human person. The preamble of theConvention says that any doctrine of superioritybased on racial differentiation is scientificallyfalse, morally condemnable, socially unjust anddangerous, and that there is no justification forracial discrimination, in theory or in practice,anywhere.

The Convention is adopted to combat racialdiscrimination, which is still in evidence in theworld manifested by governmental policies basedon racial superiority or hatred, such as policies ofapartheid, segregation or separation. TheConvention enters into force in accordance withArticle 19 of the Convention on 4 January 1969.

Beside other five important documents on humanrights, this convention was ratified by thePanchayat regime on 30 January 1971 in Nepal.Being a state party to the convention, the partiesare obliged to submit reports on the legislative,judicial, administrative or other measures whichthey have adopted and which give effect to theprovisions of the Convention within one yearafter the entry into force of the Convention for thestate concerned and thereafter every two yearsand whenever the Committee may request furtherinformation from the State Parties. In regard toreporting Nepal has submitted the 15th and 16th

periodic (combined) report to the CERDCommittee in UN Office at Geneva.

Process of Writing Shadow ReportThe preparation of the Shadow Report writingwas carried out by JUP-Nepal following differentprocesses. A meeting was held on 13 March 2003to discuss on the implementation of CERD aswell as on the preparation of Shadow Report.Different NGOs working on Dalit issues and onindigenous people’s rights were present in themeeting. The meeting was called to form thewriting committee of the report, first incoordination of JUP-Nepal and the second by theSecretariat itself inviting the organisations andindividuals participated in at the meeting hostedby JUP-Nepal. The meeting decided to preparearticle-wise report including emerging issues likeArmed Conflict and Dalits, Dalit Children, DalitWomen and Intercaste Marriage. A two-daynational consultation programme was heldamong the representatives of NHRC, NWC,NDC, Ministries, INGOs, NGOs, Media persons,Lawyers, individuals, professionals andstakeholders aiming at collecting constructivesuggestions and inputs so as to make the reportmore informative and convincing. A total of 80participants representing differentconstitutiencies and agencies of the country fromdiverse backgrounds took part in theconsultation.

The Shadow Report reflects the implementationof the Convention of All Forms of RacialDiscrimination, 1965 in Nepal, as a state party.The report tends to float the informationconcerning the Convention that the state hasfailed to incorporate. As Nepal has been a stateparty to CERD, it prohibits and condemnsdiscrimination based on race, colour, descent, ornational or ethnic origin. It applies as domesticlaw of the land and prevails over the national law

Synopsis of CERD ShadowReport*

*Shadow report of the 15th and 16th combined State Report, prepared by Human Rights Treaty Monitoring CoordinationCommittee

Ranjana Thapa

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to the extent of inconsistency.1

The Country Code (Muluki Ain), 1854restructured Nepali society into four-castehierarchy, including indigenous nationalities.They are tagadhari (“scared thread wearing” or“twice born”) followed by matawali (“liquordrinking”), pani nachalne chhoiee chhitoo halnunaparne (“untouchable, sprinkling of holy waternot required for the purification of body”) and atthe bottom of the hierarchy was pani nachalnechhoiee chhitto halnu parne (“ untouchable,sprinkling of holy water required for thepurification of body”). The New Country Code(Naya Muluki Ain), 1963 abolished suchinhuman legal provisions. The Constitution of theKingdom of Nepal, 1990 promulgated after therestoration of democracy has defined any formsof discrimination based on caste ethnicity andreligion as punishable by law.2 However, thepractices of caste-based discrimination stillcontinue with different intensity and magnitude.

Status of DalitsThe total number of Dalits in Nepal is 2,945,223of total population.3 There is an on-going debateabout the use of the word “Dalit” and so is ontheir population. Different scholars andinstitutions give different statistics of total Dalitpopulation in Nepal. As classified on the basis ofgeographical division, there are three Dalitgroups: (a) Hill Dalits such as Kami, Sarki,Damai, etc (b) Newar Dalits such as Pode,Chyame, etc and (c) Madhesi Dalits such asDom, Musahar, Chamar, etc.

Dalits are marginalised community insociety. They are treated as ‘untouchables’and subjected to multi-layers ofdiscriminations. Dignity of Dalit people hasalways been neglected and challenged by theso-called “high-caste” people. They arerestricted to enter the public places and aredeprived of equal rights and opportunities.There is no representation of Dalits indecision-making level of the state.The biasness and hateful attitude of the so-called “high-caste” people in the planning,policymaking levels and law-enforcingagencies have discouraged Dalits to voiceinjustice and malpractices imposed uponthem.

Government Efforts Declaration of Eight-point Programme bythe government on 16 August 2001 tointensify the economic and social reformcampaign. The programme included manypositive aspects, revolutionary land reformsprogramme with new needs and justificationincluding reduction in land ceiling, noobstruction for the entrance of any one to theplaces of worship including temples andmonasteries; commitment to constitute twocommissions for the welfare of Dalits andwomen on the basis of suggestion and adviceof the concerned; and providing land to thefreed bonded labourers by February 2002.4

The government has constituted threeadvisory committees on 2 January 2004 forthe implementation of the reservation plans.A 16-member committee has been formedunder the coordination of Finance Ministerto suggest the government on how toimplement reservation plans for women,Dalits and janajatis.5 A 12-membercommittee has been formed under thecoordination of Minister for LocalDevelopment to suggest solutions on localdevelopment issues. A 5-member committee,under the coordination of Former ChiefElection Commissioner has been constitutedto suggest ways to bring reforms in thenational Commissions. The later committeehas been given two months period to submitits recommendations whereas rest of thecommittees have been given three monthseach for submitting their suggestions.Establishment of National Dalit Commissionon 19 March 2002 to deal with Dalit issues.In the Tenth Five-Year Plan (2003-2007), thegovernment has committed to end all formsof caste-based discriminations throughempowerment, allocating equal resourcesand modernizing the skills to uplift thebackward community like Dalits.Issuing a notice on 11 November 2003, theHome Ministry condemned the caste-baseddiscriminations and encouraged generalpeople to lodge complaints challenging actsagainst caste-based discrimination to thestate agencies and directed the agencies toinitiate themselves to punish the

Informal /38

perpetrators.Formation of Tribal Indigenous UpliftmentNational Academy.Local Development Ministry has been set asthe Focal Ministry to fulfill the reportingliability of the state on CERD on theinitiation of NHRC.

Implementation of Concluding Recommen–dations and Role of NGOs

The government has not implemented anyrecommendations observed by theCommittee. Role of NGOs is quite satisfactory in Dalitmovement. Many NGOs working for therights of Dalits still lack policies for aconsolidated Dalit movement.

ChallengesPrevalence of Hindu barnashram system anddominance of “upper-caste” people onpower in the country. Though the Constitution and laws prohibitany forms of discriminations, inhumanbehaviours on the basis of caste, denial ofentering religious places, denial of services,denial of access to common resources, denialof kinship or social relationships, denial ofparticipation in societal activities and forcedlabour is widespread in the country.Multi-layers of discriminations againstDalits are rampant in the society.Discrimination in religious practices;occupation; educational institutions;irregularities in scholarships, politicalspheres, discrimination by the central and thelocal governments are a few instances of thediscriminatory practices prevalent in thecountry.Lack of specific law that addresses theproblems of caste-based discriminations.Lack of positive discrimination to encourageDalits involved in the mainstream of thedevelopment, employment and other basicentities of development.Delay in passing the Dalit Bill by theParliament for an autonomous National DalitCommission.Lack of proportional participation in thepolitical parties’ leadership.

Ineffectiveness of existing laws, whichprohibit caste-based discriminations and‘untouchability’.Lack of pro-Dalit attitudes, policies, plansand behaviours of the policy-making bodiesand law enforcing agencies.Inadequate financial and human resources ininstitutions entrusted with variousobligations related to human rights andDalits' rights to carry out their functionseffectively.Dalits in Nepal are one of the least studiedcommunities by both the Nepali and foreignscholars. A few organisations in Nepal likeAction Aid Nepal and INSEC have studiedon Dalit community partially. Till the date,no detailed study about the nature, intensity,magnitude of caste-based ‘untouchability’and discriminations has been made.Maoist insurgency and political instability ishindering the development of Dalits as wellas the Dalits movement.Reservation on Articles 4 and 6 is hinderingto fully implement the provisions of theConvention.The government has not recognised thecompetency of the complaint mechanism ofCERD. Therefore, it bars victims to seekinternational justice as provided by theConvention.

RecommendationsSpecial legislation should be enacted toaddress the issues of Dalits.Coordination and cooperation should bemaintained among the ministries to workunder the agenda, programmes and actionplans for the upliftment of Dalits.Discriminatory laws against Dalits should beamended and repealed.Special substantive and procedural lawshould be enacted to protect and promote therights of Dalits.Reservation made on Articles 4 and 6 shouldbe withdrawn.Government should recognise thecompetency of the complaint mechanismsunder CERD.Massive media campaign should belaunched to aware and sensitise the people

Informal /39

from the policymaking to grassroots level.Government should involve Dalit and otherNGOs working on Dalit rights, invite andconsult with them on the formulation ofpolicies and plans in favour of Dalits.Sufficient budget should be allocated to theline ministries and the state agencies to carryout the functional activities.Action plan of CERD should be prepared togive effect to the Convention.‘Untouchability’ crime watch centres shouldbe established in every district and VDC.Such centres should be created as the localbranches of National Dalit Commission asindependent organisations, ensuring easyaccess to Dalits who need help or assistancein relation to elimination of caste-baseddiscriminations.His Majesty’s Government shouldimmediately adopt tri-campaigns dependingon time, place and situation i.e. ProactiveCampaign6, Reactive Campaign7 andInteractive Campaign8.Skill upgrade programme should belaunched to reap the harvest of expandingmarkets. Small enterprises, credit and savingtrainings, marketing training and externallinkage with the banks for loans and marketmanagement should be provided to Dalits.A separate research centre should beestablished to study on the intensity andmagnitude of caste-based discriminations.Periodical reservation should be provisionedto Dalits in every sector of the developmenti.e. employment, education, health, politicalparticipation and decision-making level.Complaint, investigation and prosecutionagainst caste-based discriminations shouldbe guaranteed by the state. Special complaintbox and facilities should be established inevery DDC and VDC.There should be specific laws to address themultiple forms of discrimination againstDalit women and the problem of‘untouchability’ as a whole. In case ofintercaste marriages amongst Dalits and non-Dalits, the couples are socially boycotted,physically and mentally tortured. Theseinstances are on the rise and therefore, thegovernment should take strict action against

persons who incite such violence.9

Concluding Observations of UN Committee10

IntroductionThe Committee welcomes the report submittedby the State party and the additional oralinformation provided by the delegation. TheCommittee appreciates the efforts made by theState party to respond to its observations made in2000. The Committee further welcomes the factthat the State party’s delegation included amember of the National Dalit Commission and amember of the National Academy for theNationalities and Indigenous People, andexpresses its appreciation for the candid andconstructive responses of the delegation to itsquestions asked during the dialogue.

Factors and Difficulties Impeding Implemen–tation of the ConventionThe Committee notes that the State party isfacing serious economic hardship, extremepoverty of a significant part of its population, aswell as severe political and institutionaldifficulties as a result of the insurgency. Thedissolution of the Parliament in October 2002also constitutes a significant impediment to thefull implementation of the Convention.

Positive AspectsThe Committee welcomes the adoption of severalaction plans within the framework of the Stateparty’s Ninth and Tenth Plans, in particular theprogrammes for Dalits, nationalities andindigenous peoples of Nepal.

The Committee notes with satisfaction that anumber of institutions have recently beenestablished with the aim of promoting humanrights and combating discrimination, includingthe National Dalit Commission, the NationalCommittee for the Upliftment of the Depressed,the Oppressed and Dalits Community, theAcademy to Uplift Nationalities and IndigenousPeoples, and the National Foundation for theDevelopment of Indigenous Nationalities.

The Committee is encouraged by the informationprovided by the State party on its efforts toimplement special measures for members ofdisadvantaged groups, in accordance with Article

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2, Paragraph 2 of the Convention, to ensure equalenjoyments of rights by all persons.

The Committee welcomes the consultation thatthe State party conducted with civil societyorganisations during the preparation of thepresent report.

The Committee welcomes the information thatthe State party is considering withdrawing itsreservations on Articles 4 and 6 and making theoptional declaration under Article 14 of theConvention.

Concerns and RecommendationsThe Committee expresses concern over theeffects of the insurgency, especially the impact onthe vulnerable groups who are particularlyaffected. It is also concerned that this has alsoresulted in the diversion of state resources awayfrom social and development programmes. Whileacknowledging the State party’s national securityconcerns, the Committee recommends that theState party seek to balance those concerns withits human rights obligations, in particular, formembers of vulnerable groups, and allocate itsbudgets accordingly. Furthermore, theCommittee underscores the importance of therestoration of Parliament in order to expedite theprocess of resuming normality in the country.

The Committee notes that, in addition to theNational Human Rights Commission, a numberof other institutions have recently beenestablished with the aim of promoting humanrights and combating discrimination. TheCommittee recommends that these bodies bestrengthened and given adequate financialsupport, so as to ensure their independence andeffectiveness. Furthermore, the Committeerequests the State party to provide in itssubsequent reports information, inter alia, ontheir responsibilities, composition, methods andachievements, as well as measures taken toensure adequate coordination of these bodies.The Committee would also welcome receivinginformation on the ability and responsibility ofthe National Human Rights Commission to act asa countrywide monitoring mechanism.

While the Committee welcomes theestablishment of the National Dalit Commission,

it is concerned that the Commission lacks astatutory basis until the Parliament is restored andthe necessary Act is adopted. The Committeerecommends that the State party consider as apriority the adoption of the relevant statutory lawto enable the National Dalit Commission to carryout its mandate effectively.

The Committee remains deeply concerned at thepersistence of de facto caste based discriminationand the culture of impunity that apparentlypermeates the higher strata of a hierarchicalsocial system. It notes in particular concern overinformation on the existence of segregatedresidential areas for Dalits, social exclusion ofinter-caste couples, restriction to certain types ofemployment, and denial of access to publicspaces, places of worship and public sources offood and water, as well as allegation, that publicfunds were used for the construction of separatewater taps for Dalits. The Committeerecommends that the State party as a matter ofpriority take measures to prevent, prohibit andeliminate private and public practices thatconstitute segregation of any kind, and makedetermined efforts to ensure the practical andeffective implementation of these measures. TheCommittee further requests that information beincluded in the next periodic report on anyfollow-up measures taken by the State party toGeneral Recommendation XXIX on Descent-Based Discrimination.

The Committee regrets the general paucity ofinformation regarding the implementation of theConvention in relation to the enjoyment of allhuman rights by the indigenous peoples of Nepal.The Committee is also concerned overallegations of forced relocation and violations ofthe indigenous peoples’ right to own, develop,control and use their traditional homelands andresources in the name of wildlife preservation.

The Committee recommends that the Stateparty take stricter measures to combatdiscrimination against indigenous peoples, in linewith its General Recommendation XXIII onIndigenous Peoples. It requests the State party toinclude in the next report information on actionstaken, especially on its efforts to reconcileindigenous peoples’ land rights with the

Informal /41

preservation of wildlife. It further invites theState party to consider acceding to ILOConvention No. 169.

The Committee regrets the lack of information onprosecutions launched and penalties imposed incases of offences, which relate to racialdiscrimination, and the role of the NationalHuman Rights Commission and the NationalDalit Commission in dealing with such cases.The Committee stresses the need for determinedenforcement of the criminal justice system, andreminds the State party that the absence ofcomplaints and legal action by victims of racialdiscrimination may be the result of the absence ofrelevant specific legislation, or of a lack ofawareness of the availability of legal remedies, orof insufficient will on the part of the authorities toprosecute. The Committee requests that the Stateparty include in its next periodic report, inter alia,statistical information on complaints lodged,prosecutions launched and penalties imposed incases of offences which relate to racial or ethnicdiscrimination. In particular, the Committeewould welcome further information on casesinvoking Article 88 and Article 11 (4) of theConstitution and the Miscellaneous Chapter ofthe Country Code. The Committee also requestsinformation on legal measures that prohibitactivities and organizations, which promote orincite discrimination, or participation in them. The Committee is concerned over the allegationsof ill-treatment, ineffective protection anddiscrimination against Dalits and othervulnerable groups in society, by law enforcementofficials, especially the police. The Committeestresses that prompt and impartial investigationsare paramount in counteracting discriminatoryattitudes and practices.

The Committee recommends that the State partyintensify its efforts to end such discriminatorypractices. It further recommends that theprocedure relating to the investigation ofcomplaints with respect to the work of the policebe conducted and overseen by a bodyindependent of the police.

The Committee notes the lack of information inthe periodic report on the situation of womenwho belong to disadvantaged groups as victims

of multiple discrimination, and expresses concernover the situation of forced prostitution of girlsand women of the Badi caste.

The Committee recommends that the State partyconsider issues of political representation,personal security, employment and education, inline with General Recommendations XXV andXXIX, in taking measures to eliminate multiplediscrimination against women who belong tovulnerable groups. The Committee furtherrequests the State party to include in its nextreport the measures taken in this regard,including specific action taken to eradicate forcedprostitution of Badi girls and women.

While welcoming the State party’s efforts toimplement special measures to advance andprotect persons subjected to discrimination, theCommittee remains concerned over the under-representation of disadvantaged groups ingovernment, legislative bodies and the judiciary.The Committee urges the State party to engage inefforts to promote awareness among the generalpublic, as well as among members ofdisadvantaged communities, of the importance oftheir active participation in public and politicallife. The Committee recommends that the Stateparty continue to enforce special measures toguarantee to members of disadvantaged groupsthe right to participate in elections, to vote andstand for election, and to have due representationin government, legislative bodies and thejudiciary.

The Committee is concerned that, although thesystem of agricultural bonded labour known asKamaiya was abolished in July 2000, theemancipated Kamaiyas are facing manyproblems, including lack of housing, land, work,and education for their children. The Committeerecommends to the State party to ensure effectiveenforcement of Bonded Labour Prohibition Act2002 and programmes adopted, to put an end tothe practice and discrimination againstKamaiyas. It further requests the State party toinclude information on the implementation of theAct in its next periodic report.

The Committee is concerned by information thatonly the Tibetans who arrived in Nepal before1990 and the Bhutanese are recognised as

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refugees by the authorities, and by recentinformation of forced expulsion of Tibetanrefugees. It further expresses concern over theserious restriction of rights for the Bhutaneserefugees and the lack of specific measures forunaccompanied refugee children. The Committeereiterates its concern at the absence of legislativeprotection for refugees and asylum-seekers, andurges the State party to enact relevant legislation,and to ratify international instruments relating tothe protection of refugees. It also encouragesgreater interaction with UNHCR in this regard.The Committee wishes to receive furtherinformation in the next periodic report onmeasures taken by the State party.

The Committee notes that governmental actionhas been taken to sensitise the general public,including members of vulnerable groups, againstdiscriminatory traditional customs and societalattitudes. The Committee recommends that theState party take further measures to ensure thetraining and education of teachers, social workersand law enforcement officials, especially thosedeployed against the insurgents as well as thepolitical segments of the society. The Committeeencourages the State party to carry outcomprehensive public education campaigns andto include inter-cultural education in schoolcurricula.

The Committee notes that the Governmentbroadcasts in several national languages. TheCommittee is concerned, however, with the lackof representation of disadvantaged groups in thestate-owned media, and that issues such as racialdiscrimination and human rights receive littlecoverage by the media in general. The Committeeinvites the State party to consider introducingspecial measures to ensure due representation in

the mass media, of members of disadvantagedgroups, including Dalits.

The Committee urges that the State party ratifythe amendments to Article 8, Paragraph 6, of theConvention, adopted on 15 January 1992 at theFourteenth Meeting of States Parties to theConvention. In this connection, the Committeerefers to General Assembly Resolution 57/194 of18 December 2002, in which the Assemblystrongly urged States parties to accelerate theirdomestic ratification procedures with regard tothe amendment and to notify the Secretary-General expeditiously in writing of theiragreement to the amendment. A similar appealhas been reiterated by the General Assembly inits resolution …/… of December 2003.

The Committee recommends that the State partytake into account the relevant parts of the DurbanDeclaration and Programme of Action whenimplementing the Convention in the domesticlegal order, and that it includes in its next periodicreport information on the follow-up measurestaken.

The Committee encourages the State party tocontinue its engagement with civil societyorganizations during the preparation of the nextperiodic report and to disseminate it widelyamong the public upon submission. It furtherrecommends that the Committee’s concludingobservations be similarly publicized.

The Committee recommends that the State partyensure the timely submission of its seventeenth,eighteenth and nineteenth periodic reports,combined in one document, due on 1 March2008, and that it be an updating report,addressing all the points raised in the presentobservations.

Notes

1. Article 9 (1) of the Treaty Act 19902. Article 11(2) of the Constitution 3. CBS. 2002. Statistical Pocket Book. Kathmandu: Central Bureau of Statistics.4. Executive Summary of Human Rights Yearbook, 2002. Kathmandu: INSEC5. Ethnic Minorities6. Counselling, legal actions, capacity building, Dalit awareness raising training/orientation package7. Temple entry en masse, stop providing services (Aran Banda,Sino Uthaaune etc.)8. Educational/Awareness raising, participatory, networking9. Recommendations of CEDAW Shadow Report, 2003. Kathmandu: Forum for Women Law and Development.10. http:// www.ohchr.org download on 5 July 2004.

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Political Sociology of DalitsAssertion, analyses

Untouchability as the historicalcurse of the outcastes in Indiansociety which is much more similarto our society where the Hinduphilosophy is deep rooted. Thesociety is constructed and based onthe principles of purity andpollution, inferior and superior,high and low, included andexcluded, mental and meniallabour, upper and lower castes.

This book is divided into six parts,first part starts with the Dalits andcaste discrimination, socialcategorization of discriminationsuch as intentional individualdiscrimination, unintentionalindividual discrimination,intentional institutionaldiscrimination and unintentional institutionaldiscrimination, social exclusion of dalits andabolition of untouchabilty which has been thehistorical curse of the outcastes in every society.The institutional forms of discrimination anddeprivation reduced the Dalits and thedowntrodden to a state of non-being. Socialexclusion is an institutonalised attempt to keepout or to outcaste a segment of the populationfrom the social order. Social segregation is aninstitutional form of social distancing expressedin physical separation. It signifies theconvergence of physical and social space and isto be distinguished from other social forms,which also structure social distance inhierarchical terms and Dalits became the victimsof socio-historical process of segregation,exclusion and discrimination. It is not simplyilliteracy, poverty, malnutrition, ill health thatbecame the lot of Dalits, but in the ultimateanalysis they are reduced to resourceless,powerless and baseless people. Both the so-calledmainline intellectuals, academicians and

administrators, illiteracy,ignorance and poverty as theevils affect the DalitCommunity.

The second part of the bookillustrates the constitutionalprovisions regarding Dalits andtheir rights, legal measures,development measures,reservations made for Dalitcommunity. Constitutionalprovision is influential in termsof the discourse about casteand racial discrimination.‘untouchability is abolishedand its practice in any form is

forbidden’. The enforcement ofany disability arising out of“untouchability” shall be anoffence punishable in accordancewith the law’ (p.91). And mark

out special provisions for reservation for thescheduled castes and scheduled tribes. Bookclassifies reservation in the educationalinstitutional, reservation of services and posts inthe government services and reservation seats inthe legislatures and further more defines somefundamental issues about reservation, which havecontinued to haunt the political sociology of Indiaand some newer issues like the legitimacy ofreservation policies, prolonged preferentialpolicies, determination of factors ofbackwardness, hierarchy and compartment andreservation and private sector have also come tothe forefront. "The contributors criticallyexamine the implications of these developmentsfor Dalits. Providing a perspective from below,they emphasise that though social mobility,economic development and political recognitionhave benefited a few Dalits, the drawbacks ofthese changes are manifold. In particular, theyhave created divergence among the Dalits."

Part third observes that Dalits' identity especiallyafter independence is multi-faceted, multi layered

Political Sociology of Dalit Assertion

Author: Prakash LouisPrice: Rs. 495

Publisher: Gyan Publishing HouseNew Delhi, 11002

Pages: 326

Book Review

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and multi pronged. The Dalits, once known as"untouchables", have from time immemorialbeen socially and economically oppressed,culturally subjugated and politicallymarginalised. However, in recent times, theyhave begun to assert themselves and haveinitiated movements aimed at ushering in a newsocial order based on the principles of equalityand liberty. Even though many Dalits have, as aconsequence, reached positions of power andprominence, particularly in the political arena,the vast majority of them continues to sufferdiscrimination, poverty and humiliation and areoften targets of inhuman atrocities.

Fourth part addresses emergence of DurbanDeclaration and Dalit discourse. Durbanconference demanded a new look at the issue ofracial discrimination and called for evolvingnational and international mechanisms to combatthe menace of discrimination. The exclusion,subordination and exploitation that the Dalitswere subjected to in particular were made visiblein the international arena for the first time, whichwas a new beginning. Starting from the local tothe national level Dalits forums like the NationalCampaign on Dalit Human Rights mobilized andorganized Dalits and their compatriots, whichworked towards international Dalit solidarity,which ultimately enabled the United Nation’sCommittee on the Elimination of RacialDiscrimination to draft General Recommendationof caste based discrimination. This is thebeginning of new life, new temples, resisted lostfaith and most importantly treated all in an equalfooting.

Fifth part highlights the post Durban DalitDiscourse. The Durban conference on racialdiscrimination did mark a watershed, showingthat despite internal differences and polarisation,a broad-based united, struggle alone can help theliberation and emancipation of the Dalits. It iscrucial to note that this liberation struggle is notdirected to Dalits alone but for restructuring anunequal and hierarchical social order. This partpoints out the need to be stated all efforts tocontinue with the discourse of Dalit struggle aswell as to initiate concrete actions progressivelymaking stride out.

The last part discusses the Dalit assertion andemancipation, where the author defines the Dalitprotest, revolt and movements are also historicalprocess and further states that atrocities anddiscrimination faced by the Dalits and theirassertion for liberation are two sides of the samecoin. The Dalits initiated their movement becausethere has been no genuine movement foremancipation of the oppressed by non-Dalits. TheDalits rely on their own intelligence, because themainstream intelligentsia has no credibilityamongst educated Dalits. The responsibility fallson the non-Dalit intelligence, which must evolvea transparent moral standard for itself; if at allIndia is to evolve into an all-inclusive society.

Bringing together scholars and activists, thisvolume examines the many facets of on-goingDalit struggles to improve their position. Thediscussion is conducted in the framework of fourfairly recent developments in the world of theDalits:

Equality for Dalits is increasingly beingrecognised as a desirable norm in Indiansociety Capitalist development has begun toweaken the caste system Dalits are beginning to experience amodicum of social mobility thanks topolicies of positive discrimination There has been an unprecedented rise inpolitical consciousness among Dalits inrecent times.

The main principle of the book is to look at thevarious attempts made by the dalit communitiesas well as other human rights groups to ensure therights of the Dalits to be human and live likehuman beings. An attempt also has been madehere to look at the post-Durban scenario of theDalit emancipation and liberation. In total thisbook focuses on many of the historical, day today structural, issues that affect the dalits andalso tries to examine these issues at the arenawhere these issues unfold themselves as part ofthe socio-political processes.

- Bidhya Chapagain