essay on caste discrimination in nepal

• Culture & Lifestyle

• Madhesh Province
• Lumbini Province
• Bagmati Province
• National Security
• Koshi Province
• Gandaki Province
• Karnali Province
• Sudurpaschim Province
• International Sports
• Brunch with the Post
• Life & Style
• Entertainment
• Investigations
• Climate & Environment
• Science & Technology
• Visual Stories
• Crosswords & Sudoku
• Corrections
• Letters to the Editor
• Today's ePaper

Without Fear or Favour UNWIND IN STYLE

What's News :

• Rabi Lamichhane and cooperative fraud
• Airport irregularities
• Shuklaphanta displacement
• New York diplomacy
• Green financing Nepal

The caste struggle: Discrimination rife despite laws in place

Tika R Pradhan

In June last year Preeti Gaire, a junior technical assistant, was forced out of the cowshed of a local resident in Bhimsen Thapa Rural Municipality, Gorkha.

She was called to vaccinate the goats, but upon learning that she was a Dalit, the house owner with Poudel surname, did not allow her inside the shed where the goats were.

Gaire with the support of local Dalit leaders filed a complaint at the local police station but they were asked “to settle the issue” at the ward level. Later, the issue was “settled” after the Poudel family apologised.

“Even the school principal, who teaches social studies, said that such minor incidents keep on happening and such an issue should not be blown out of proportion,” Gaire told the Post over the phone from Gorkha. “Poudel had asked her to vaccinate the goats but when I entered the shed, she chided me and told me to step out, saying Dalits are not supposed to enter.”

Such discrimination against Dalits happens across Nepal on a regular basis, and not all the cases are reported. Gaire’s mother is a ward member and she says even she has faced discrimination at the hands of the so-called upper caste people.

“Once my mother was invited to a wedding party of a Newar family along with four other members of the ward. While others were allowed into the room, she was asked to stay outside,” Gaire shared. “When she was eating in the verandah, others left the party, saying she had touched the food.”

Although Nepal has made remarkable achievements to ensure the rights of Dalits, discriminatory practices are still prevalent, even in urban centres.

In June last year, Rupa Sunar, a mediaperson, was denied to rent an apartment in Kathmandu after the house owner learned about her caste. The house owner was arrested after she filed a complaint with police. The case then drew media attention after the then sitting minister minister Krishna Gopal Shrestha himself reached the police station to release the house owner.

Dalit rights activists and experts say there clearly is state complacency and abolition of untouachability and discrimination still remains a pipedream.

“There is a tendency among Nepali rulers to agree to speak and write on the issues related to untouchability only when they are compelled to do so. They, however, have failed to internalise the issue,” said Hira Vishwakarma, a researcher, writer and Dalit rights activist.

Exactly 16 years ago—on June 4, 2006— Nepal was declared an untouchability and discrimination free country.

Eleven years ago, on May 24, 2011, Nepal enacted a law criminalising caste-based discrimination. The Caste-Based Discrimination and Untouchability [Offence and Punishment] Act prohibits any discrimination on the basis of caste in any public or private sphere.

Section 2A (1) of the Act says each person shall have the right against untouchability and discrimination while Section 3 prohibits untouchability and discrimination. Section 3(1) says no one shall commit, or cause to commit untouchability and discrimination.

The Constitution of Nepal 2015 also has provisions against discrimination.

Article 24 (1) states that no person shall be subjected to any form of untouchability or discrimination in any private and public places on grounds of his or her origin, caste, tribe, community, profession, occupation or physical condition.

Clause 5 of the Article states that any act of untouchability and discrimination in any form committed in contravention of the constitutional provision shall be punishable by law as a severe social offence, and the victim of such act shall have the right to obtain compensation in accordance with law.

Also, Article 40 ensures economic, social and political rights of Dalits.

The Muluki Ain drafted 59 years ago didn’t have any punitive provisions for untouchability and caste-based discriminations. In 1991, it was amended including a punishment of three months of jail term and up to Rs30,000 fine after the 1990 constitution outlawed untouchability.

Dalit rights activists say on paper Nepal may look extremely progressive but in reality, the Nepali society continues to remain regressive as discrimination against Dalits continues even today.

The country has a constitutional body also to look into and protect Dalit rights.

“Just like Dalits, the National Dalit Commission also faces discrimination from the government,” said Devraj Bishwakarma, chairperson of the commission. “We don’t have any legal officer or any investigating officer. We have assigned office bearers to monitor cases of discrimination but they may not have legal knowledge.”

He said with no proper human resources, complaints filed at the commission are sent to the Nepal Police but most of the time, they do not respond about the progress made.

“We receive around 40-50 complaints each year but we lack human resources to look into them,” said Bishwakarma. “In most of the cases, authorities try to patch up cases through mediation.”

Existing laws, however, do not allow anyone except the National Dalit Commission to settle such cases through mediation. There are concerns from Dalit activists that even the National Dalit Commission should not have been given such an authority and the provision should be scrapped.

Removing caste-based discrimination is the most crucial issue for Nepal’s Dalits, who make up around 13 percent of the total population as per the 2011 census.

Rights activists say that laws now are in place—for several years—the focus should be on action, and concerted efforts are needed to ensure a just and equitable society where all persons can live without fear and lead a dignified life.

According to the advocates of the Dalit movement, incidents of violation are rife and many go unreported for the lack of a support system and even in cases which are reported, the offenders are not punished, thereby giving rise to the culture of impunity.

A survey by Samata Foundation, an organisation advocating for the rights of the Dalit community, shows that out of 78 cases of caste-based discrimination reported in the fiscal year 2019-20, only 40 were reported to the police and the number of reported cases in the previous year was half of that.

According to Nepal Police, 39 cases of untouchability were registered during the last fiscal year-2021/22 and 30 cases in 2020/21. Spokesperson of Nepal Police Senior Superintendent Bishnu Kumar KC said there are Women, Children and Senior Citizens Cell at all the 77 District Police Offices which records the incidents of untouchability as well. Police have started to keep the record of untouchability since 2013.

The Caste-Based Discrimination and Untouchability [Offence and Punishment] Act was adopted in 2011. The original bill had recommended that the government introduce an overall plan of action, like National Action Plan, to eradicate caste-based discrimination. But not much has been done to formulate such an action plan which could have provided an institutional tool to implement the legal provisions and commitments.

A report entitled “Human Rights situation of Dalit Community” by the National Human Rights Commission in October 2020 had recommended that the government and political parties devise a long-term national work plan as the existing laws were not properly implemented.

The report stated that even elected representatives of political parties face caste-based discrimination.

According to the yearly report of the National Human Rights Commission published in 2021, nine cases related to untouchability were registered in the previous fiscal year and officials said five cases were reported this fiscal year 2021-22.

Loknath Bastola, assistant spokesperson of the commission, said the rights body has encouraged authorities concerned to register cases against untouchability and caste-based discrimination with the police and the Dalit Commission. Only those cases land at the rights commission which police or the Dalit Commission refuse to register, therefore the number seems to be less, according to Bastola.

Dalit rights are violated in various ways in Nepal—they are routinely denied access to temples and religious sites, they are not allowed to fetch water from public taps and they face resistance to inter-caste marriages , among others. The most undignified act at the hands of the so-called upper caste people, however, is refusal to eat or drink food and water touched by Dalits.

Bishwakarma, the chairman of the Dalit commission, says cases of discrimination never came down even after the laws were put in place.

“Incidents of caste-based discrimination have continued unabated. It’s just that these days due to the media and social media, more cases come to public domain,” he said. “Despite that, society does not seem to feel any pressure to change.

JB Biswokarma, a researcher, says Dalits have continuously been suffering because the state has been negligent and irresponsible.

“Political parties are also equally responsible. Their prejudice and a lack of effort to end caste-based discrimination also perpetaute disdavantage for Dalits,” said JB, who goes by the initials. “They tend to divert the attention by linking cases of untouchability with other offences and instead engage in victim blaming.”

For example, according to him, a Dalit youth in Humla , who eloped with a so-called upper caste girl in December last year, was accused of marrying a minor.

Political analysts say declaring the country free of untouchability without any vision or plan to end the scourge of caste discrimination is meaningless.

“The declaration was just a ploy to create an illusion among the public,” said Rajendra Maharjan, a political commentator. “Since the so-called upper caste people occupy the high offices, I don’t think there will be any substantial changes in the near future. But the Dalit movement must continue to wipe out the caste-based discrimination which is an affront to society.”

Tika R Pradhan Tika R Pradhan is a senior political correspondent for the Post, covering politics, parliament, judiciary and social affairs. Pradhan joined the Post in 2016 after working at The Himalayan Times for more than a decade.

Related News

Lightning kills two in Kanchanpur

One dead, another injured in lightning strike.

Deputy Prime Minister Paudel meets Chinese Vice Premier He Lifeng in Beijing

Prime Minister Oli calls on Finnish President, meets Samoan counterpart

Oli, Rana pursue diplomacy in New York

22 years and 33 panels later, Shuklaphanta displaced families still in limbo

Most read from national.

Nepal Airlines narrow-body aircraft grounded in Dubai, 150 passengers stranded

Nepal Oil Corporation slashes fuel prices

Durga Prasai arrested from his residence in Thimi

12 dead, 59 others infected as Japanese Encephalitis spreads across Nepal

Kathmandu court issues arrest warrant against Durga Prasai, two others

Editor's picks.

We’re ready to deal with challenges to MCC projects’ timely implementation

PM Oli’s petty streak

Do planes retire? An ATR 42 reaches the end of its life in Nepal

Child drownings assuming alarming proportions in Madhesh districts

Congress shelved its exit policy but debate on term limits rages

E-paper | september 25, 2024.

• Read ePaper Online

Caste-Based Discrimination and Untouchability in Nepal: Has Nepal Progressed?

Today marks 16 years since Nepal declared itself a country free of caste-based discrimination and untouchability. Dalits, however, continue to struggle for their rights across the legal, social, and economic fronts.

Published 04 Jun 2022

SAGOON Bhetwal

As per the National Census 2011, Dalits make up 13.6 percent of Nepal’s total population. And according to the Nepal Multidimensional Social Inclusion Index 2014 , Dom and Musahar ( from the Dalit community) rank two of the lowest caste/ethnicity groups out of the 97 such groups when looking at their social, economic, political, cultural, gender, and social cohesion dimensions.

Government efforts to uplift the livelihoods of such marginalized communities have been there for some time. Those efforts got more prominence, especially after the restoration of democracy in  1990. To further enhance such efforts at the national level and also through all government policies, the Interim Parliament of Nepal, on 4 June 2006, declared Nepal as a country free of caste-based discrimination and untouchability. Almost after five years, on 24 May 2011, the Constituent Assembly of Nepal passed the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act 2011 . Additionally, Nepal introduced a new constitution – the Constitution of Nepal 2015 – to incorporate major social reforms in this sector in the country’s guiding constitutional document so as to further support Nepal’s ongoing efforts to make Dalits’ lives better. The new Constitution guarantees the right to live with dignity, rights relating to justice, the right against untouchability and discrimination, and the rights of Dalits, among others.

Despite these constitutional and policy reform attempts, the community, however, continues to be marginalized even today. A 2015 study by Samata Foundation entitled ‘Nepal: Access to Justice for Dalits’  looked into 18 cases of caste-based discrimination and untouchability from across the country to see how Dalits’ lives had been changing over the years. The study concluded that the perpetrators of those cases were fined but charged only a small amount of cash and none of them were imprisoned. From a legal protection perspective, experiences from these 18 cases indicate that there exists a huge gap between policies and practice when it comes to protecting the rights of the Dalits . This could be concluded on the fact that Nepal still needs to formulate enough policies, rules and regulations to ensure the placement of specific procedures, amend the short duration of imprisonment for the perpetrators, amend the low range of fines for the proven guilty that does not equate to the gravity of their crimes, the heightened need for reform of the statutory limitation to file cases (which is currently set at three months), and the absence of witness protection provision(s) in the existing act. Similarly, Informal Sector Service Centre (INSEC) recorded 61 cases of human rights violence and abuse due to the practice of untouchability in its Nepal Human Rights Year Book 2020 . Even more worrying is the pattern of hindrance in accessing justice and impunity. Evident are the Rukum murder case and the recent custodial death of a Dalit boy in Rolpa who was imprisoned for a crime that he didn’t commit. 

It is therefore high time that we reflect on the provisions and actions of the State as we observe the National Day for the Elimination of Racial Discrimination and Untouchability today. Unlike in the case of National Dalit Commission (where the government had failed to appoint professionals for all vacant positions till 2020, i.e., even after five years after the adoption of  the new constitution in 2015), the government needs to take swift and appropriate actions to address the existing situations now and in the future to prove that it is serious on addressing the related issues. In conclusion, much work remains to be done – especially in terms of implementation perspective – in the legal, social, and cultural spheres to fully discourage the practice of caste-based discrimination and untouchability in Nepal

More from NiPoRe

Bridging Data Gaps for Effective Development Policy in Nepal

South Asia Bulletin – Vol 2, Issue 12 | August 2024

Nepal’s 16th Five-Year Plan: Charting a Course for Climate Action

Humphrey Fellows at Cronkite School of Journalism and Mass Communication – ASU

Exploring the world through servant leadership

From Nepal to California: A Fight Against Caste-Based Discrimination

• CevherShare

<Prem Pariyar>

At school, friends and teachers did not eat food or drink water touched by Prem Pariyar. He and his family were also barred from worshiping at the temple.

In Nepal, more than 400,000 individuals out of the country’s 30 million population belong to a community known as the untouchables. Members of this community, like Prem Pariyar, identify themselves as Dalits, which translates to ‘the oppressed.’

Raised within this caste system, Prem encountered discrimination at every stage of his life. Residing in Kathmandu, Nepal’s capital, his family was subjected to physical assaults when accessing the same public water source as their neighbors. “Despite displacement and violence, we couldn’t find justice. This prompted my decision to leave Nepal for the U.S.,” he recalled.

Beyond Nepal, discrimination resonates across the South Asian diaspora worldwide, notably affecting South Asian Dalit communities in the U.S. This has prompted universities to revise non-discrimination policies, and cities like Seattle, Washington, and Fresno, California to amend their regulations. These efforts have further galvanized California’s senate and assembly to amend some state laws but faced a setback with the Governor’s veto. This obstacle not only poses a challenge to the Dalit rights movement but also highlights power struggles, revealing tensions between the upper-caste elite and the marginalized Dalit community.

Upon arriving in the U.S. to escape caste-based discrimination, Prem discovered that prejudice had followed him. In California, he encountered exclusion within the Nepali diaspora. “At a party, I was segregated and made to wait for food instead of serving myself,” he said. “I was shocked to see how this shadowed me here too, where I expected only educated individuals concerned with human rights. It shattered my illusion.”

One day, as he waited for the light rail, he struck up a conversation with two speaking Nepali individuals. Upon introducing himself as a graduate student in the social work department at California State University, East Bay, the initial exchange was amiable. However, when asked for his surname, a common practice in South Asia to discern caste affiliations, and disclosed the name as ‘Pariyar,’ the mood changed. 

Recalling his newly met compatriots’ reaction, he said the two individuals gave him a thorough examination from head to toe. “I sensed in their scrutiny a question of, ‘How could you come here to study in the same university as we are studying?’ The moment was deeply embarrassing.”

This discrimination prompted him to seek legal mechanisms within the university. However, he found no specific mechanism to address caste-based discrimination, even though procedures and remedies existed for discrimination based on race, disability, sexual orientation, and gender.

In collaboration with a professor from the social work department, he developed various strategies to address the issue. The professor introduced him to Equality Lab, a Dalit feminist-led civil rights NGO that combats caste-based discrimination in the U.S.

This activism evolved into a more structured approach as Equality Lab developed its engagement with the Department of Social Work. Initially, the department revised its mission statement to include caste as a protected category, alongside race, ethnicity, gender, age, disability, sexual orientation, immigration status, religion, and other forms of social injustice in its non-discrimination policy.

Subsequently, the issue was addressed by the academic senate’s faculty diversity and equity committee at CSU East Bay. A resolution was passed to incorporate caste as a protected category in the university’s non-discrimination policy .

This initiative expanded to the CSU system, one of the largest public university systems in the country with 23 campuses, which also included caste as a protected category in its non-discrimination policy.

Before this development, Brandeis University had already banned caste-based discrimination, becoming the first U.S. university to do so. Harvard University , the University of California, Davis, and Brown University followed similar prohibitions. Under the revised policy, students and staff can now file complaints if they experience discrimination or harassment based on their perceived castes, and these complaints may trigger formal investigations.

“We engaged in extensive lobbying efforts with politicians and university leaders, sharing personal testimonies on caste discrimination, organizing grassroots initiatives, and seeking advice from legal experts,” an Equality Lab spokesperson stated in an email interview. “As a result, we achieved such policy reform within universities.”

Following the progress at universities, the movement transitioned to cities. In February 2023, the Seattle City Council passed a resolution to include caste as a protected category in the city’s anti-discrimination laws , marking Seattle as the first city to enact such laws in the U.S. Subsequently, Fresno, California, became the second U.S. city to explicitly prohibit caste discrimination when the City Council unanimously voted in September 2023 to add ‘caste’ and ‘indigeneity’ as new protected categories in its municipal code.

In California, the Dalit rights movement gained momentum following a lawsuit filed by the California Civil Rights Department (formerly the Department of Fair Employment and Housing) against Cisco, the Silicon Valley tech giant, and two of its engineers in 2020. The lawsuit alleged caste-based discrimination against an employee by Cisco supervisors and engineers. Cisco denied the allegations. Later, the Civil Rights Department voluntarily dropped the case.

Despite the prohibition of caste-based discrimination in Nepal during the 1960s and in India since the 1950s, the issue remains a significant societal challenge. This system not only segregates people based on their caste hierarchy but also limits their employment opportunities. Initially, Dalit families were denied education, which affected their access to employment, healthcare, and political empowerment.

Following the restoration of democracy in Nepal and the end of British colonial rule in India, governments introduced laws to curb discrimination and implemented reservation policies to promote education and employment among Dalits.

Historically, migration to Western countries has been dominated by individuals from the upper echelons of the caste system who had access to education and job prospects. However, with government initiatives promoting Dalit education and employment, members of the Dalit community have begun migrating to the West. 

According to Equality Lab’s 2018 report , “Caste in the United States: A Survey of Caste Among South Asian Americans,” a significant portion of Dalit migration to America occurred within the last decade. In contrast, upper-caste individuals who migrated to America did so primarily 25 to 50 years ago. Consequently, instances of discrimination and social power struggles have emerged in the US. 

According to the Equality Lab’s survey report, one in every three Dalit students has reported experiencing discrimination during their education. Additionally, two out of three Dalits have reported unfair treatment in their workplaces, with 60% of Dalits stating they have encountered caste-based derogatory jokes or comments.

California, home to a large number of South Asian immigrants, including those from the Dalit community, has recently seen backlash within the diaspora regarding caste-based discrimination. State Sen. Aisha Wahab, D-Hayward, sought to curb such discrimination. 

In Feb 2023, she introduced Senate Bill 403 , which proposed adding caste to the list of non-discriminatory grounds in the Fair Employment and Housing Act, the Unruh Civil Rights Act, and the Education Code. 

The Judiciary Committee approved the bill in April, marking the first step in the legislative process. The Senate passed the bill in May with a 34-1 vote, and the Assembly followed suit in August with a 31-5 vote. 

In September, the Senate sent the bill to Gov. Gavin Newsom for his signature. However, Newsom vetoed the bill on Oct. 7, citing existing laws that already prohibit discrimination based on ancestry, thus deeming the bill unnecessary. Had he signed it, California would have become the first state to explicitly ban caste-based discrimination.

Sen. Wahab didn’t provide comments; however, after the bill was vetoed, she stated in her public remarks that she “will continue to fight to balance power and support vulnerable Californians.”

“I believe our laws need to be more explicit, especially in times when we see civil rights being eroded across the country. We cannot take anything for granted,” she wrote .

In the aftermath of legal reform efforts in California, a backlash has surfaced. A segment of Hindu Americans argue that these laws disproportionately target their community. After the California State University (CSU) board of trustees approved the policy, approximately 80 CSU faculty members criticized it. They signed a petition against the reform initiatives, expressing concern that the new policy would apply solely to South Asians. They argue that including caste in the non-discrimination policy would unlawfully single out Indians and South Asians.

However, some people see this as an indication of the increasing influence of Hindu nationalism in the United States. They associate this directly with the Rastriya Swayamsevak Sangh (RSS), an Indian Hindu nationalist organization that shares ideological similarities with the governing party of Prime Minister Narendra Modi.

“This path isn’t easy, but we know that none of the civil rights laws have been passed easily,” Prem said. “Our fight is for equality. It shouldn’t have taken this long.”

( The story was produced as part of the Humphrey Seminar’s assignment, and some paragraphs were translated from Nepali to English using the AI assistant Claude.)

Related Posts

Young Africans on a Mission: Chasing International Scholarships, Facing Systemic Hurdles

May 24, 2024 May 24, 2024

A Phoenix Manual for International Fellows

April 28, 2024

Sedona’s vortex: Believe or not to believe

April 22, 2024 April 23, 2024

About Tufan Neupane

• REPORTS/PUBLICATIONS

Keyword or Title

Amnesty Index Number

Amnesty International publishes new report on discrimination against Dalits

Amnesty International has published a new report on descent-based discrimination against Dalits in Nepal amid a program in Kathmandu on 10 May. 

The report titled “No One Cares”: Descent-Based Discrimination against Dalits in Nepal documents the experience of systemic caste-based discrimination in Nepal and the challenges Dalit people face in accessing justice, as the Nepali authorities’ existing legal and protective measures prove insufficient and fail to secure their human rights.

The report was launched by Ajit Dhakal Mijar’s father Hari Bhakta Dhakal Mijar, Amnesty International’s Gender, Racial Justice and Refugees Programme’s Director Fernanda Doz Costa and Amnesty International Nepal’s Chairperson Bipin Budhathoki.

“Caste-based discrimination is still prevalent in Nepal and in other parts of South Asia, although Nepal has a good Constitution, a good Caste-Based Discrimination and Untouchability (CBCU) Act. This is because there is a culture of impunity and oppression that allows for people to discriminate based on their caste,” said Fernanda Doz Costa, Gender, Racial Justice and Refugees Programme Director at Amnesty International, at the launch.

Sharing the findings of the report briefly with those attending the launch program, Monica Vincent, lead researcher of the report, said, “Untouchability is an everyday affair in Nepal and Dalit women and girls, in particular, face the brunt of this discrimination. Normalizing such discrimination is further reinforcing a culture of immunity.”

Untouchability is an everyday affair in Nepal and Dalit women and girls, in particular, face the brunt of this discrimination. Normalizing such discrimination is further reinforcing a culture of immunity. Monica Vincent, lead researcher of the report

The report summarises how the State of Nepal has fallen short in protecting Dalits and causing distrust in the police and justice system. It documents the experience of Dalits, especially Dalit women, with systemic caste-based discrimination in Nepal, including the practice of untouchability, and the challenges they face in accessing justice. The report is based on one-to-one interviews with Dalit women survivors of caste-based violence and with members of three families of young Dalit victims, namely Angira Pasi, Ajit Dhakal Mizar and Nabaraj BK, who were killed due to caste-based violence related to their inter-caste relationships.

Expressing his respect to Ajit Dhakal Mijar’s family, Amnesty International Nepal’s Director Nirajan Thapaliya, said, “I would like to express my deep respect and sympathy on behalf of Amnesty International to all the families and members of victims like him across Nepal. The courage, patience and perseverance shown by them to get justice has inspired us all and they are the real “heroes” of society.”

The findings of the report conclude that discrimination against Dalits is still systemic and widespread and has concrete impacts on the lives and human rights of Dalits, despite the constitutional and legal reforms, as well as the creation of policies and institutions. The state needs to adopt appropriate legislative, administrative, budgetary, judicial and other actions towards the full realization of all human rights for Dalits, especially Dalit women and girls. 

The public launch of the report was followed by a panel discussion that delve on the issue of access to justice for the Dalit community from the local, national and global perspective. As panelists, Fernanda Doz Costa was joined by Durga Sob, Founder of Feminist Dalit Organization (FEDO), and Raju Paswan, who is currently associated with Informal Sector Service Centre (INSEC), both of whom have spent decades in strengthening the Dalit movement in Nepal. The discussion was moderated by AI Nepal Director Nirajan Thapaliya.

“There is a concentrated Dalit population in the Madhes, and it is here that a majority of cases of violence has been documented by us. From the total number of human rights violations that occur in the country, 21-27 % takes place in Dalit communities. But these cases seldom get reported to the police, which shows how access to justice is denied in the first stage for people of the Dalit community, because of various barriers like language and class,” said Raju Paswan, of Informal Sector Service Centre (INSEC), providing some local insight on the everyday realities of Dalit people when they are faced with discrimination that is often violent.

Speaking on cultural injustice and discrimination faced by women, particularly Dalit women who already survive on the margins of society, Durga Sob, founder of Feminist Dalit Organization (FEDO), said, “Oftentimes we miss out on talking about the intersection between gender and caste discrimination, but the issue of the Dalit woman is a fight for human dignity, justice and equality.”

“In this day and age, you’d expect things like “untouchability” would not exist but still incidents like Ajit Mijar and Nabaraj BK still take place, which shows how much the pattern of discrimination against people because of their caste is still prevalent,” she added.

To provide a more global perspective on the issue of discrimination, Fernanda Doz Costa said, “The root of descent-based discrimination is very similar to other forms of racial discrimination across the world. This systemic oppression is a result of unequal power relations in society. How we change that power dynamics is key to addressing intersectional violence and discrimination. If we don’t work together to create an environment where we don’t contest this system of oppression and discrimination, we all will lose a little bit of humanity.”

If we don’t work together to create an environment where we don’t contest this system of oppression and discrimination, we all will lose a little bit of humanity. Fernanda Doz Costa, Amnesty International’s Gender, Racial Justice and Refugees Programme's Director

The event ended with remarks by AI Nepal Chairperson Bipin Budhathoki. The public launch was attended by over a hundred participants who included, among others, civil society members, government officials, journalists and members of the Amnesty movement in Nepal.

• Computational Biology
• Computer Science and Engineering
• Computational Phylogenetics
• Computing in Mathematics, Natural Science, Engineering and Medicine

Caste-Based Discrimination: Socio-Economic Impact to Dalit Community in Nepal

• Tribhuvan University

Discover the world's research

• 25+ million members
• 160+ million publication pages
• 2.3+ billion citations
• Kathmandu Nepal
• Choudhary Thami
• Recruit researchers
• Join for free
• Login Email Tip: Most researchers use their institutional email address as their ResearchGate login Password Forgot password? Keep me logged in Log in or Continue with Google Welcome back! Please log in. Email · Hint Tip: Most researchers use their institutional email address as their ResearchGate login Password Forgot password? Keep me logged in Log in or Continue with Google No account? Sign up

• Jul 16, 2020

The Legacy of Caste Discrimination in Nepal’s Criminal Justice System

Updated: Jan 15, 2021

By Ajay Shankar Jha Rupesh, ILF Nepal Country Representative and Executive Director of PDS-Nepal

The recent murder of a young Dalit man, Nawaraj BK, and his five friends was a tragic reminder for the world that caste discrimination is still very much alive in Nepal. The murders sparked protests around the country calling for justice, and the issue goes far beyond this act of violence. Discrimination against people considered lower-caste has all too often meant that they are ignored as victims of crime and their abusers enjoy impunity. At the same time, like other marginalized communities , people considered lower-caste are disproportionately arrested, convicted, and mistreated in the criminal justice system. Dalits are the first punished and the last protected.

The caste system has traditionally defined social order in Nepal: Dalits, who make up between 13 and 20 percent of the population , occupy the lowest rung of this social order. Historically, this meant that Dalit men, women, and children were considered “untouchable” and were denied education, healthcare, public amenities, and economic opportunities. This discrimination has locked Dalits into a continued cycle of exclusion, poverty and violence for centuries.

The caste system in Nepal was formally declared unconstitutional in 1951 , and caste-based discrimination was criminalized in 2011 , but the legacy of systemic discrimination lives on today. Poverty rates are much higher in Dalit communities and education rates are lower compared to other groups. In addition, there are very few Dalit leaders in government: as of 2018, Dalits made up only around 8% of parliament .

This social structure is reflected in Nepal’s criminal justice system. While marginalized people are underrepresented in the police force , courts , and other powerful institutions, they are overrepresented in the prison population. While statistics about Nepal’s prison population are scarce, according to a survey PDS-Nepal conducted in 2017, “lower-caste” people (Dalit, Janajati, and Madhesi) represent a larger portion of the prison population than “upper-caste” groups (Brahmin, Chhettri).

Around the world, discrimination, lack of access to education, and increased rates of poverty impact a person’s ability to access justice. For the Dalit community in Nepal, these factors increase the rates at which Dalits are arrested, while limiting knowledge about their legal rights, and reducing access to defense lawyers. Additionally, bail is commonly required in Nepal for people accused of even low-level crimes, disproportionately impacting Dalit defendants who lack the resources to pay. Thus, the poorest and most marginalized people suffer even more, languishing in jail awaiting trial. The resulting job loss and stigma exacerbate the cycle of poverty .

Yet, the justice system doesn’t have to be this way: quality legal aid can help level the playing field. More than 70% of our PDS-Nepal clients belong to marginalized communities and without legal aid, would not have access to a lawyer. When people accused of crimes have access to effective lawyers , they are less likely to be tortured, less likely to be subject to discrimination, and more likely to be released ahead of trial.

The fight to end caste discrimination in Nepal is far from over. We must continue to support Nepal’s marginalized communities and the many organizations that are fighting for their rights. In the criminal justice system, we must ensure that everyone has access to a quality lawyer who understands the particular challenges faced by underserved communities and will advocate for dignity, fairness, and justice for all.

Recent Posts

The ILF's Statement to the UN Commission on Crime Prevention and Criminal Justice, 33rd Session 

Collaborating to Expand Access to Legal Aid in the Global South

Georgia Launches Efforts to Measure Quality of Legal Aid Services

Articles by region:

• Sub-Saharan Africa
• MENA Middle East North Africa
• Southeast Asia and Pacific
• Latin America and the Caribbean
• Central Asia, Caucasia, Southeast Europe and Russia
• High-income countries

Elasticsearch Mini

Sustainable development requires global awareness and local action, development and cooperation, entwicklung und zusammenarbeit, caste-based discrimination, nepal must do much more to protect most vulnerable community.

Rukamanee Maharjan

For a relatively small country of 29 million people, Nepal has a wealth of ethnic and caste diversity. The government counts a total of 126 ethnic groups and social castes – hereditary groups with a fixed ritual status – according to its most recent census in 2011.

Nepal’s Hindu caste system has four main social strata, ranging from the Brahmins at the top to the Sudra, also known as Dalits or Untouchables, at the bottom. Separately, more than one-third of the population consists of indigenous peoples, known collectively as the Adibasi Janajatis, which include 63 ethnic groups. Over the centuries, the non-Hindu indigenous groups were incorporated into the Hindu caste system, although they did not adopt all of its practices. Things are similar in India.

Ethnic and cultural diversity can be a strong point for a country. But diversity can also be a great weakness when it involves discrimination and violence between groups. Unfortunately, Nepal’s caste system continues to foster such discrimination and violence, especially against Dalits.

Nepal’s first written law – the Muluki Ain (National Code) – took force in 1854 and was based on the caste system. A new Muluki Ain was promulgated in 1963. It used more caste-neutral language and outlawed some forms of discrimination. Nepal, moreover, signed the UN Convention on the Elimination of All Forms of Racial Discrimination, which took effect in 1969. The country thus committed to equal rights and dignity for all. Nonetheless, progress stayed very slow. Despite various legal reforms, traditions of discrimination persisted.

In May 2011, Nepal’s parliament passed the Caste-based Discrimination and Untouchability (Crime and Punishment) Act. This law specifically prohibits discrimination based on custom, tradition, religion, culture, rituals, origin, caste, race, descent, community, occupation or business. It imposes punishment for caste-based discrimination, as do provisions of the country’s Civil and Criminal Codes of 2017. The Constitution of 2015 also guarantees fundamental rights to Dalits.

In practice, caste-based discrimination and violence persist nonetheless. A centuries-old caste consciousness continues to determine identity and social status. This consciousness permeates all levels of society. Even public officials and educated people hold caste-based prejudices and practice discrimination.

Ostracism and violence

The brunt of the discrimination is felt by the Dalits, the Untouchable people – a general category that comprises some 20 different groups. Dalits comprise 13.6 % of Nepal’s population, or about 3.6 million people, according to the 2011 Census. The idea of untouchability arose centuries ago when privileged classes came to regard aboriginal tribes with “uncertain means of livelihood” as impure.

That view eventually translated into a generalised ostracism. Dalits today face physical and psychological abuse in almost all areas of life. They suffer poverty, landlessness, segregation and discrimination in public and private spheres. They are not allowed to enter places of worship. The so-called upper castes will not accept food or water that has been touched or handled by them. Dalits who qualify as medical practitioners have trouble getting jobs. Inter-caste marriages involving Dalits face strong disapproval.

Often Dalits are subjected to violent attacks and even killings. Dalit women are vulnerable in particular. All too often, they become victims of trafficking and sexual slavery. In 2007, around 400 Dalit women from the Badi community came to the capital, Kathmandu, to protest against a widespread practice of forcing girls from their community into prostitution. They also demanded better housing, land to establish farms and free education for children. Their pleas went unheeded.

Discrimination and violence against Dalits continues to the present day. The murders of six young Dalit men in May 2020 in Nepal’s mid-western region attracted worldwide attention due to the caste hatred involved. Nawaraj Bishwakarama, a 21-year old Dalit man, and five of his friends were killed while trying to bring Bishwakarama’s 17-year old upper-caste girlfriend from her village to theirs. The girl’s family and neighbours reportedly attacked and killed the young men.

On the same day in western Nepal, 13-year-old Angira Pasi, a Dalit girl, was found hanging from a tree. On the previous day she reportedly was raped by 25-year-old Birendra Bhar. Instead of referring the rape case to the police, local residents and their ward representative decided that the young girl would be married to Bhar. Due to the stigma attached to rape, Angira’s mother agreed to this arrangement and sent her to the Bhar family home.

At the Bhar home, however, Birendra Bhar’s mother refused to let her in, and beat her instead. After she was found dead, police initially refused to bring a case against Bhar; they relented only after a public outcry.

Such incidents are unfortunately widespread. The catalogue of shame is a long one. In September 2020, for example, a 12-year-old Dalit girl was raped and murdered. In June 2018, a 21 year old female Dalit social activist was gang-raped and murdered. Also in 2018, Mana Sarki, a Dalit ward representative, was beaten to death in her home. In 2016, Ajit Mijar, an 18-year old Dalit man, was murdered for marrying a girl from the so-called upper caste.

According to media reports, over two dozen Dalits have been killed for breaking caste-based norms since 2011. Many of those killings were related to inter-caste marriages. In one year alone – the fiscal year that ended in mid-July 2020 – 30 crimes related to untouchability were registered with police officials in Nepal.

Justice denied

These figures are the tip of the iceberg. Many incidents go unreported due to Dalit people’s fear of reprisals and worries about being shunned even within their own communities. A veil of silence hides systematic denial of justice to Dalit victims and their families. Police are sometimes suspected of turning a blind eye to crimes against Dalit people.

The UN’s Committee on the Elimination of Racial Discrimination (CERD) – a group of experts that monitors member states’ implementation of the Convention on the Elimination of All Forms of Racial Discrimination – has repeatedly expressed concerns over caste-based discrimination in Nepal. In May 2018, it cited Nepal for poor implementation of its anti-discrimination laws. The Committee said Dalit people are still barred from places of worship, public spaces, public sources of food and water, educational facilities and housing areas used by other castes.

The CERD called on Nepal to ensure that the police records all complaints of race-based discrimination. Cases must be thoroughly investigated, prosecuted and sanctioned. The UN experts also insisted that Nepal ensures that victims receive appropriate compensation.

Unfortunately, Nepal has made little progress towards meeting those goals. The government is failing to meet its obligation to protect Dalits and to ensure accountability for caste-based crimes. This gives perpetrators a sense of impunity, with the result that Dalits continue to face a wall of discrimination and violence.

In January 2021, the UN Human Rights Council made recommendations in the context of the third cycle of its Universal Periodic Review. What impact that will have, remains to be seen. Deep-rooted social attitudes tend to change slower than new legal principles are adopted.

Rukamanee Maharjan is an assistant professor of law at Tribhuvan University in Kathmandu. [email protected]

Related Articles

The painful partition of india.

You might also like

Partnering with women’s groups can curb gender violence

“disabled sports are indispensable”, poverty reduction.

The first UN Sustainable Development Goal is to end poverty in all its forms everywhere.

Gender Equality

In order to achieve gender equality, it is necessary to empower women and girls.

Achieving the UN Sustainable Development Goals will require good governance – from the local to the global level.

Sustainability

The UN Sustainable Development Goals aim to transform economies in an environmentally sound manner, leaving no one behind.

Nepal’s caste struggle

On 15 June, 24-year-old Rupa Sunar, a Dalit media person went to the house of Saraswti Pradhan in Kathmandu’s Babar Mahal with two friends. They discussed and agreed on the terms and conditions of a rental agreement. House-owner Pradhan apprised Sunar of the rules: that she should not make noise, should to be out late, and cooperate with her.

At the end of the meeting, Pradhan asked Sunar about her caste. Upon learning of her  ‘lower’ caste status , she said that she would convey her decision after family consultation. Pradhan called Sunar’s friend an hour later, and told that she could not rent the room to a ‘lower’ caste person.

Sunar phoned Pradhan to confirm. She recorded the conversation: “I cannot rent you the room. Our elderly mother lives with us. She cannot share the house with a lower caste. But please let me know if other friends need a room.’

According to the 2011 Census,  Dalits  make up of 14% of Nepal's population. Many ‘higher’ caste people still do not consume food and beverages touched by a Dalit persons. To maintain ritual purity, the ‘higher’ caste families do not let Dalits enter their houses. In 2001, one study identified over 205 forms of such discriminatory practices.

The 1990 Constitution outlawed caste-based discrimination and

untouchability. But historically, most laws remain on paper only. Violations mostly go unpunished.

In 2011, the Constituent Assembly enacted the Caste-Based Discrimination and Untouchability (Offense and Punishment) Act. The Act prohibits  caste-based discrimination  ‘in any public or private place.’

For example, the act forbids preventing someone from entering a house or evicting them on the ground of caste or race. The act made caste-based discrimination a crime against the state. Hence, in the caste-based discrimination cases, the state becomes a party, which requires it to file the cases in court, investigate and defend them.

In January 2021,  Nepal was re-elected for a second term  on the United Nations Human Rights Council (UNHRC), an international body responsible for the promotion and protection of human rights around the world.

But in Nepal last week, a sitting minister interfered with and obstructed a police investigation of a caste-based discrimination case. International human rights laws define caste-based discrimination as human rights violations.

On 17 June, two days after being refused the flat, Sunar lodged a complaint against Pradhan at the Metropolitan Police Office, Singha Darbar, accusing her of  caste-based discrimination .

The police initially denied registering the complaint. Despite laws criminalising it, the Police, government attorneys, and judges often do not recognise caste-based discrimination cases as an offence, and in fact dissuade people from filing such complaints.

Only after the case attracted public attention did the police finally register Sunar’s complaint, and initiate an investigation. On 20 June, the Police arrested Pradhan, and put her in custody.

The case soon took on an ethnic colour, with some making it out to be a Dalit vs Newa issue. Some Newa organisations released statements asking the police to punish Sunar for disrupting social harmony. Former senior government officer Bhim Upadhyaya accused Sunar of fomenting societal tension. Instead of standing up against caste discrimination, the Mayor of Madhyapur Thimi on Monday called for Sunar to be prosecuted.

Sudha Tripathi, the former Tribhuvan University registrar, described Sunar as a Dalit ‘gangster’. Thousands of their social media followers shared these statements.

All Sunar wanted was a room to live in, just like anyone else in Nepal. Why was that such a problem?

As we know, the story did not end there. On 23 June, the Minister of Education, Science, and Technology Krishna Gopal Shrestha drove to the station in his official car, pressured the Police to release Pradhan and even posed for a photoshoot with her in front of media.

Nepal’s national flag fluttered from his ministerial vehicle as he drove Pradhan home. Not only did Minister Shrestha have no authority to handle this case, he misused state authority and state resources.

As the minister belonged to the same ethnic group as Pradhan, he abandoned his state responsibility and took a communal stance. Minister Shrestha’s triumphant pose with Pradhan ignited a firestorm of hatred against Dalits on social media, prompting users to vow never to rent rooms to Dalits.

There have also been threats of violence. Dalit activists have received death threats for speaking out. Dalit leaders and rights activists have called on the government to act against Minister Shrestha, and create a conducive environment for fair trial. Dalits and non-Dalits have even demonstrated in the streets to protest the state inaction and minister’s unlawful action.

However, Prime Minister K P Oli has been silent on the issue. On 24 June, he even assigned Minister Shrestha four additional portfolios. But his government has not done anything to assure the victims and the Dalit community a fair trial and protection of their lives and human rights.

The  failure of state to assure the Dalit community of justice  has made them feel unprotected and vulnerable. They fear that in the future no law enforcement agency will register and try cases of caste-based discrimination. They also fear the possibility of retaliation by members of ‘higher’ castes.

Nepal is a party to Universal Declaration on Human Rights, the

International Convention on the Elimination of Racial Discrimination (ICERD), and International Covenant on Civil and Political Rights. The ICERD specifically prohibits any form of state engagement in practicing, sponsoring, defending, or supporting any forms of racial or descent-based discrimination.

The National Human Rights Commission (NHRC) is supposed to protect Nepali citizens from violations. However, after the government appointed the new NHRC members bypassing parliamentary hearing on 3 February, UN human rights experts have expressed concern about its independence. This is proven by its complacency about Minister Shrestha’s involvement in the Rupa Sunar case.

The  Dalit community in Nepal  is looking to international human rights groups, including the United Nations, to question the government’s accountability. Maintaining silence and inaction when human rights are violated will only escalate tension. Inaction will not create an environment for world-wide respect to human rights necessary for peace and justice.

Kunjani Pariyar Pyasi is a human rights lawyer. Binita Nepali is a graduate of International Relations and Diplomacy from TU. They are also the participants of Dalit Reader’s Writing Workshop.

• caste discrimination

Japan-born Nepali children struggle to ‘be Nepali’

“the most amazing thing about nepal are its people”, world bank flip-flop on upper arun, the tarai’s shrinking forests.

Top of page

Article Nepal: Law on Discrimination Based on Caste

Back to Search Results

(May 26, 2011) On May 24, 2011, Nepal's legislature passed the Bill on Caste-Based Discrimination and Untouchability, designed to end discriminatory practices aimed at those considered to be members of the lowest castes, known as “Dalits.” It had been under consideration by the Parliament for two years. The legislation prohibits such discrimination and treatment of individuals as “untouchable” in public and private spheres, establishes increased punishment for officials guilty of discrimination, criminalizes incitement to caste-based discrimination, and provides for compensation to victims from perpetrators of biased acts. ( Nepal: UN Welcomes New Law on Caste-Based Discrimination , UN NEWS CENTRE (May 25, 2011).)

Dalits make up about 20% of the country's population and despite a long-standing official end to the caste system, still face extensive discrimination in education and employment. Particularly in western Nepal, the less-developed area of the country, Dalit women and children endure economic, physical, cultural, and psychological violence. According to Maria Brink Schleimann of the International Dalit Solidarity Network (IDSN), “[w]omen also often bear the brunt of acts of vengeance against Dalit communities that try to better their circumstances.” (Toni Bacala, Discriminated Dalits in Nepal Seek Hope in Education and Employment , MEDIAGLOBAL (May 4, 2011).) The IDSN is a Copenhagen-based, non-governmental organization working for “the elimination of caste discrimination and similar forms of discrimination based on work and descent.” ( About IDSN , IDSN website (last visited May 25, 2011).)

Jyoti Sanghera, the head of the United Nations Office of the High Commissioner for Human Rights in Nepal, said of the new legislation,

This is the first time ever Nepal has adopted specific legislation for addressing the serious crime of caste-based discrimination and untouchability. … It is now vital to ensure effective implementation of this law, taking appropriate measures such as raising awareness of the law amongst the general public and specific training for the police. (UN NEWS CENTRE, supra .)

The Chairman of Nepal's National Dalit Commission, Bijul Bishwakarma, referred to the extreme suffering caused for centuries by caste-based discrimination and expressed the hope that the law will make it possible for members of the Dalit community to have access to justice. ( Id .)

About this Item

• Nepal: Law on Discrimination Based on Caste

Online Format

• Global Legal Monitor (7,745)
• Law Library of Congress (425,386)
• Discrimination

Jurisdiction

Article author.

• Johnson, Constance

Rights & Access

Publications of the Library of Congress are works of the United States Government as defined in the  United States Code 17 U.S.C. §105  and therefore are not subject to copyright and are free to use and reuse.  The Library of Congress has no objection to the international use and reuse of Library U.S. Government works on  loc.gov . These works are also available for worldwide use and reuse under CC0 1.0 Universal. 

More about Copyright and other Restrictions.

For guidance about compiling full citations consult Citing Primary Sources.

Credit Line: Law Library of Congress

Cite This Item

Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Chicago citation style:

Johnson, Constance. Nepal: Law on Discrimination Based on Caste . 2011. Web Page. https://www.loc.gov/item/global-legal-monitor/2011-05-26/nepal-law-on-discrimination-based-on-caste/.

APA citation style:

Johnson, C. (2011) Nepal: Law on Discrimination Based on Caste . [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2011-05-26/nepal-law-on-discrimination-based-on-caste/.

MLA citation style:

Johnson, Constance. Nepal: Law on Discrimination Based on Caste . 2011. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2011-05-26/nepal-law-on-discrimination-based-on-caste/>.

Caste Discrimination and the Imperfect Promise of Labor Arbitration

31 Asian American Law Journal (Forthcoming)

57 Pages Posted: 19 Sep 2024

Andrew Hull

Emory University School of Law

Date Written: August 20, 2024

This article will consider five overarching topics: (1) a brief history of the American jurisprudence around caste; (2) how India has dealt with caste, both through the law and (3) in labor organizing; (4) what aspects of current American law can be used to combat discrimination today, drawing on the experiences from South Asian contexts. Finally, this article will consider (5) labor arbitration as a medium-term solution for fighting caste discrimination in the American workplace. Arbitration is a flawed tool that still has some advantages, particularly in light of judicial silence on caste and recent legislative defeats around ending caste oppression.

Keywords: Labor Law, Caste, Caste Discrimination, Title VII, Comparative Law, Indian Law, Labor Arbitration, Collective Bargaining Agreements, CBAs, Employment Discrimination, Dalit

Suggested Citation: Suggested Citation

Andrew Hull (Contact Author)

Emory university school of law ( email ).

1301 Clifton Road Atlanta, GA 30322 United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics, related ejournals, discrimination, law & justice ejournal.

Subscribe to this fee journal for more curated articles on this topic

Labor Law eJournal

Human rights & the corporation ejournal.