Poor implementation of Constitution fails Dalits

Nepal’s Constitution is progressive in many aspects. It mandates proportional and inclusive participation of women, indigenous ethnic groups, Madhesi, Dalits, and marginalized communities in state apparatuses. 

The preamble of the Constitution states, “To build an egalitarian society founded on the proportional inclusive and participatory principles in order to ensure economic equality, prosperity, and social justice, by eliminating discrimination based on class, caste, region, language, religion and gender and all forms of caste-based untouchability.”. 

However, stakeholders say that the lack of effective implementation of the country’s main law is their chief concern. They claim that marginalized classes and communities are still awaiting their adequate involvement in the executive (government), legislature (parliament), and judiciary (courts).

It is said the latest representation of the Dalit community in the government mirrors the implementation status, which is not satisfactory, of the provisions concerning proportional and inclusive representation.

Presently, the Cabinet has the participation of just one Dalit as the minister of state. The situation was the same in the previous government. 

In the current House of Representatives, there are 15 Dalit members towards the proportional representation and one is directly elected, totaling 16 members. This representation makes up just 5.81 percent. In the first election of the House of Representatives held in 2017 following the promulgation of the Constitution, the representation of the Dalit community was 6 percent. 

In the first 2008 Constituent Assembly (CA), the representation of Dalit community was 8.48 percent as they numbered  51, out of 601, and this number dropped to 41 to make up  6.82 percent in the 2013  CA. 

Hiralal Bishwakarma is the first minister to represent the Dalit community. He was appointed Assistant Minister for Education in 1974 and later served as the Minister of State for Education and the Assistant Minister for Supplies. 

The country could get just seven ministers from the Dalit community over a span of three decades. Hiralal Bishwakarma, Prakash Chitrakar, Lal Bahadur Bishwakarma, Hari Shankar Pariyar, Golchhe Sarki, Pratap Ram Lohar, and Man Bahadur Bishwakarma were those serving as either assistant or state minister. There were no full ministers representing the Dalit community till then. 

The interim government led by Girija Prasad Koirala that was formed on 25 April 2006,  following the Jana Andolan-II (People’s Movement-II) in 2006 inducted Khadga Bahadur Bishwakarma as Minister for Women, Children, and Social Welfare, and Chhabilal Bishwakarma as the Minister for Agriculture and Cooperatives. They were the first full ministers from this community in the country’s history.

Subsequently, Chhabilal Bishwakarma, Mahendra Paswan, Khadka Bahadur Bishwakarma, Bishendra Paswan, Daljit Shripaili, Meen Bahadur Bishwakarma, Jagat Bahadur Sunar Bishwakarma, and Maheshwar Jang Gahatraj became ministers. Similarly, after 2006, Naresh Kumar Bishwakarma, Jeet Bahadur Darji (Gautam), Khadga Bahadur Basyal, Kalawati Paswan, Dal Bahadur Sunar, Gopi Achhami, Ramani Ram, Dhanmaya BK, Karn Bahadur BK, Bimala BK, and Asha BK were appointed as state ministers.

This scenario is sufficient to say that the presence of Dalit community in the state has shrunken. Lawmakers from this community said it is disappointing to see a shrinking presence of their community in the state. 

Nepali Congress deputy general secretary Jeevan Pariyar underlined the need to increase the participation of Dalit community, according to their population ratio, in the executive, parliament and judiciary to ensure the effective implementation of the Constitution.  

Article 40 of the Constitution has guaranteed Dalit rights with the promise of their participation in all state bodies based on the principle of proportional inclusion. 

Similarly, the constitution guarantees a special provision as per the law for the empowerment, representation, and participation of the Dalit community in public service and other employment sectors.

Similarly, Article 41 (1) is about the right of the economically, socially, or educationally backward women, Dalit, Indigenous nationalities, Madhesi, Tharu, Muslims, backward classes, minorities, marginalized communities, persons with disabilities, gender and sexual minorities, farmers, laborers, oppressed or citizens of backward regions and indigent Khas Arya to participate in the State bodies on the basis of the principle of proportional inclusion. 

Article 76 (9) of the Constitution is about the constitution of the Council of Ministers comprising a maximum of twenty five Ministers including the Prime Minister, in accordance with the inclusive principle, from amongst the members of the Federal Parliament, but this has not been followed in the practice. 

Full implementation of Constitutional provisions to promote the presence of Dalit community in each organ is awaited, concludes Pariyar. 

Dalit women activists and General Secretary of the Feminist Dalit Organisation (FEDO), Renu Sijapati, sees the need to increase the quota for women from the Dalit community in reservations for women.  She argues that Dalit women should have been allotted a more specific quota in the Civil Service.

The Federal Civil Service Bill which is presently under consideration in the parliament reserves 27 percent quota for Khas Arya women, 25 percent for indigenous ethnic groups, 15 percent for Madhesi, 12 percent for Dalits, 6.6 percent for Tharu, four percent for Muslims, four percent for backward regions, and four percent for persons with disabilities. Previously, there were no separate reservations made for women in the Civil Service.

According to the Public Service Commission, the presence of Dalits in the civil service is 2.3 percent, in the police 9.46 percent, and in the army 8.18 percent.

Standing Committee member of the Nepal Communist Party (Maoist Center), Parshuram Ramtel, stresses the need to increase the reservation percentage for Dalits, given that the number is still significant compared to the population. 

It is warranted to implement the principle of proportional inclusion as stated in the Constitution at all levels, but the scenario is contravening, he stressed. “Thus, representation for Dalit communities, which have been marginalized economically, socially, culturally, and politically for centuries, must be increased in all the state bodies.”

Under-representation of Dalits in state organs

The very first meeting of the Constituent Assembly held on 28 May 2008 declared Nepal a federal democratic republic by abolishing a 240-year-old monarchy.   Even after 14 years into the switch to a federal democratic republic in Nepal that followed the revolution of 1951, the 1990 People’s Movement, the Maoist war and the 2006-2007 People’s Movement II, there has been no substantive transformation in the lives of the people. Worse still, the Dalits, a deprived community, have been faring no better with economic, social and political issues facing them not yet mainstreamed despite their united struggle against structural inequalities and caste-based discriminations spanning about 76 years.   Let’s look into the numerical ‘strength’ of Dalit representatives in legislature and executive organs of the state to understand this issue better.  In the existing 275-member House of Representatives (HoR) that took shape after 20 Nov, 2022 elections, the Dalit community that makes up 14 percent of the national population has 16 members, accounting for just 5.81 percent of the HoR’s strength. Out of them, 15 were elected through the proportional representation system, whereas one representative made it through first-past-the-post (FPTP) election. The HoR formed right after the promulgation of the Constitution through the Constituent Assembly had a marginally better Dalit representation with 19 Dalit lawmakers (six percent of the House’s total strength). In the 601-member CA constituted in 2008, 51 Dalits (8.48 percent) represented their community but Dalit representation dropped to 41 (6.82 percent) in the second CA formed after the 2013 elections. In the last HoR elections held on 20 Nov, 2022, Dalit candidacy from the Nepali Congress, a major political party, under FPTP (direct) election was nil. Seven of the 58 members in the National Assembly (the Upper House of the Parliament) are from Dalit communities. This representation has been made possible due to a provision that one Dalit member should be elected from each province for the upper chamber.  In provincial assemblies (PAs) and governments, the situation isn’t any better.   Out of 550 members in seven provincial assemblies, only 31 are from the Dalit community, making up a paltry 5.63 percent of the total strength. Out of them, two got elected under the first-past-the-post system, while the remaining 29 made it through the PR system.  Let’s take a look at the Dalit representation scenario in each province. Only four of the total 56 PA members in Koshi are from the community, accounting for 7.14 percent of the assembly’s strength. Madhes Province has seven members elected from the community out of 64 PA members, accounting for 10.93 percent. Bagmati Province has the lowest representation from the community, with only two out of PA members from the community, accounting for 3.03 percent of the assembly’s total strength. Gandaki Province has the highest number of representatives from the community, with six PA members from the community out of 36, accounting for 16.66 percent. Five of the total 24 PA members in Karnali Province are from the community, including one under the FPTP. In Sudurpaschim Province, three out of 32 PA members are from the community (9.37 percent of the assembly’s strength).  Historically speaking, Dalit representation in the executive organ has remained no less dismal. Hira Lal Bishokarma, appointed assistant education minister in 1974, was the first minister to represent the Dalit community in the government during the 30-year Panchayat regime. He later served as the assistant minister for education and supplies and as a minister of state during the regime that ended with the advent of multiparty democracy in 1990. Prakash Chitrakar, Lal Bahadur Bishwakarma, Hari Shankar Pariyar, Golchhe Sarki, Pratap Lohar and Man Bahadur Bishakarma became part of different Cabinets from the community from 1974 till 2006, but none of them got full ministership. Khadka Bahadur Bishokarma and Chhabilal Bishokarma are the first full ministers from the community—respectively helming the Ministry of Women, Children and Social Welfare and the Ministry of Agriculture and the Cooperatives in the interim government formed on 25 April, 2006 under Girija Prasad Koirala. Some more names have made it to different governments since then, but the Dalits remain underrepresented in state organs.  The present federal government has one minister of state from the Dalit community. This kind of under-representation is against the spirit of the Constitution, which, in its preamble, promises to end discriminations relating to class, caste, region, language, religion and gender, in order to protect and promote unity in diversity, social and cultural solidarity, tolerance and harmony.  In addition, Article 40 of the Constitution states that Dalits shall have the right to representation in all agencies of the state based on the principle of proportional inclusion. Whereas several other segments talk about the rights of women, Dalits, Adibasi-Janajatis, Madhesi, Tharu, minorities, persons with disabilities, marginalized groups, Muslim, backward classes, gender and sexual minority groups, youths, peasants, laborers, oppressed people and people from backward regions, and economically poor Khas-Aryas. Dalit leaders say relevant data show a bleak picture of Dalit representation at decision-making levels. “The Dalits have neither strong representation in the parliament nor in the government. Their representation at the decision-making remains a neglected issue,” Padam Sundas, a leader of the Dalit movement, says, accusing political parties of discriminating against the Dalits while selecting election candidates. The PR system is supposed to be for electing people, especially from backward, suppressed and marginalized communities. Of late, however, PR seats have gone to those with access to power and money, observes Janata Samajbadi leader Durga Sob.  CPN (Maoist Center) leader Parshuram Ramtel says a weakening Dalit movement, Dalit leaders’ failure to raise voices for representation of their communities within their respective parties and political parties’ apathy toward issues related to inclusion are some of the factors behind under-representation of Dalits in the parliament. Whereas Sob says there should be representation of the community in both the parliament and the government in proportion with its population. Lawmaker Kamala Bishwokarma says political parties have failed to ensure Dalit representation in the parliament and the government as per their election manifestos. Summing up, full implementation of the Constitution, including its preamble that has envisioned an equitable society based on the principle of proportional inclusion, is necessary to increase the representation of Dalits in state organs.