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In 2020, 21-year-old Nabaraj BK and five of his friends were murdered following BK’s attempt to elope with his girlfriend. The 17-year-old girl was an ‘upper caste’. Despite being criminalized in 2011, caste discrimination continues to be prevalent in Nepal. But, on  Dec 5, 2023, the West Rukum District Court sentenced 24 individuals in connection with the case to life imprisonment. Two other perpetrators were each slapped with two years of jail sentence and a fine of Rs 50,000 for the crime of untouchability. But can the milestone verdict be a deterrent for discriminatory practices in our society?

“Caste discrimination is a mindset. One verdict won’t bring about the kind of attitudinal shift that’s necessary to end it,” says Tanka Bahadur Bishwokarma, executive director of Dalit Welfare Organization (DWO), an NGO. According to the annual report published by the Ministry of Home Affairs, Nepal Police registered 39 cases of caste-based discrimination in the fiscal year 2020-21 compared to 29 in the previous one. Bishwokarma says Dalit rights are regularly violated but most cases go unreported. “People don’t want to report discrimination as they feel it’s a lot of hassle and will yield no result,” he says.

Dalits are subjected to social exclusion. They are denied access to temples, and homes of the so-called ‘upper caste’. In many places, they aren’t allowed to fetch water from communal taps. The stuff they touch is considered impure, and people refuse to eat or drink ‘contaminated’ food and water. They aren’t invited to weddings and religious ceremonies. In rare cases where they are, they are often asked to sit separately. Infraction of caste boundaries leads to violence in many cases.

A rapid assessment report of the situation of Dalit communities following the 2015 earthquakes in Nepal found that Dalits were discriminated against during the distribution of relief materials. They got less aid than those from ‘higher-ranking’ castes. The assessment team found discrimination limited Dalit’s access to shelter, food, health, water, and sanitation. An Amnesty International report released after the earthquake also raised concerns over caste discrimination in relief work in Nepal.

Discrimination might not be as blatant as it once was, especially in urban areas. But it makes its presence felt in various covert ways. Dalits are routinely denied rooms for rent. In 2021, Rupa Sunar, a journalist, was refused a flat as she was from a ‘lower caste’. The police didn’t register the complaint at first, doing so only after the case got public attention. The accused, Saraswati Pradhan of Babar Mahal, Kathmandu, was then taken into custody. But the then Minister of Education, Science, and Technology, Krishna Gopal Shrestha, went to the station in his official car and had Pradhan released. He even posed for a photo with her in front of the media and drove her home.

The problem is caste discrimination is not considered a serious offense, say activists. It’s often even justified in the name of tradition. There is a lot of political pressure to let things slide when cases do come out. Even in Nabaraj BK’s murder case, the odds were stacked against justice. Senior advocate Dinesh Tripathi says justice prevailed despite resistance, enhancing the court’s credibility. He hopes the case will set a good precedent and pave the way for the building of a society with zero tolerance for discrimination.

On paper, Nepal’s anti-Dalit discrimination laws are strong and progressive. In 1969, Nepal signed the UN Convention on the Elimination of All Forms of Racial Discrimination. In 2006, it was declared an untouchability- and discrimination-free country. In 2011, the country criminalized caste discrimination. Article 24 and 40 of the constitution of Nepal 2015 has provisions against discrimination and ensures Dalit’s political, economic, and social rights. 

However, caste discrimination is a prominent feature of social interactions. The government regularly fails to prosecute individuals who engage in it. Dalit Rights Activists say the police often try to mediate conflicts stemming from discrimination instead of registering FIRs. They aren’t considered human rights violations but mere altercations, says Bishwokarma. “The sense of impunity is strong and it gives people the power to discriminate.”

A maid, who works in Ratopul in Kathmandu, on the condition of anonymity, says her employers will be furious if they find out she’s a ‘damai’—a caste categorized as ‘untouchable’ in our society. “I have changed my surname. Nobody will give me work if I tell them my real name,” she says. She lives in constant fear of being exposed. Most families she works for are clear about their preferences: they will reluctantly accept ‘pani chalne jaat’ (those from whom you can accept water) to do their chores if Brahmin or Chhetri maids aren’t available.

Tula Narayan Shah, a political analyst, says centuries-old caste discrimination is rooted in tradition whereas governance and judiciary are relatively new structures. Nepal’s first written law, the Muluki Ain (National Code), came into effect in 1854 and was based on the caste system. A new Muluki Ain was promulgated in 1963. It had relatively more caste-neutral language and outlawed certain forms of discrimination. The first constitution of Nepal, with anti-discriminatory clauses, was only introduced in 1948.

“The issues of race, gender, class, caste, etc. all stem from an unwillingness to let go of old customs and an ineffective implementation of new rules and regulations. It’s a global phenomenon,” he says.

Tripathi, the senior advocate, says fear of the law is important to end caste discrimination. The victory in Nabaraj BK’s case has sent a strong message in favor of equality. But it’s important to give continuity to the activism and solidarity that was shown in this case. Shah also asserts the need for stronger activism for aggressive implementation of anti-discriminatory laws. He believes there is less caste discrimination today than a couple of decades ago but the progress is mostly limited to urban areas where in-migration has led to a healthy mixing of cultures.

Nabin BK, admin and finance officer at DWO, says social media has made caste discrimination pervasive. Earlier, people had to say things face-to-face. There would be, if not much, a slight hesitation. But now, anyone anywhere can say whatever s/he wants to, through Facebook comments, posts, and online content. Everybody who has an opinion can put it out there. “People are quick to act on and defend their biases. They do so with reckless abandon as they are behind a screen; it gives them so much power,” says BK.

On the other hand, Sabitra Pariyar of the Feminist Dalit Organization, another NGO, believes discrimination persists as people know there will be no repercussions. There is also little participation and representation of Dalits in politics which means their issues are largely unnoticed or sidelined. Worse is the fact that our religion makes allowance for discrimination—against women and Dalits alike, she adds. “Discrimination is still how people in our society assert their superiority,” she says, adding the only way to change that is effective implementation of stricter laws that penalize discrimination. Unless that happens, Dalits, relegated to the lowest rung of society, will continue to face unimaginable atrocities.

Earthquake activity increased in 2023 due to the activation of the Almora fault in western Nepal, India’s Ministry of Earth Sciences has said.

The ministry told the Lok Sabha that there have been 97 earthquakes of magnitudes 3.0 to 3.9 in 2023 compared to 41 in 2022 . The activation in the Almora fault triggered significant earthquake incidents on Jan 24, Oct 3 and Nov 3. All these three earthquakes were over magnitude 5.8.  "These main shocks, accompanied by subsequent aftershocks, have led to an increased frequency of earthquakes in the year 2023. However, the background seismicity remained unchanged during this period," the ministry informed the parliament.

It is common for northern India and Nepal to occasionally experience moderate earthquakes, and fluctuations in seismic activity. Nepal and the neighboring northern parts of India, situated near the active faults of the Himalayan region, are highly seismically active areas prone to frequent earthquakes due to collision tectonics, where the Indian plate subducts beneath the Eurasian Plate," the statement reads.

On Nov 3, a powerful earthquake of magnitude 6.4 hit Jagarkot and Rukum West districts, killing 154 people and injuring hundreds. After that more than 382 aftershocks have been reported. Experts say western Nepal remains vulnerable to bigger earthquakes as there has not been a big earthquake in the region for at least 520 years.  

Climate change discriminates. It doesn’t impact the white-collar individuals sitting in air-conditioned rooms strategizing to maximize profits while maintaining an environmentally friendly brand. It doesn’t affect those with access to modern kitchen appliances like microwaves, ovens, and a variety of stoves. Instead, it affects the local fishermen who depend on fish for sustenance and income, as well as the women burdened with gathering biomass for cooking and heating food in rural, remote areas. Rampant deforestation in the name of ‘development’ has intensified the challenge of biomass collection, increasing the workload of women who are already burdened with unpaid responsibilities.

Have you observed the classist nature of climate change? Have you noticed how it disproportionately affects marginalized sections of society—those often deemed ‘unimportant’ or belonging to nations labeled as ‘developing’?

Considering how the impacts of climate change exacerbate the struggles faced by the lower echelons of society and developing nations, we urge action for climate justice.

A pivotal solution in addressing climate change is raising awareness. Educating individuals about climate change and its grassroots-level effects is crucial to empower informed actions. Mobilizing children and youth to champion the cause of climate justice and ignite a movement is imperative.

Children and youth, irrespective of socio-economic backgrounds, must advocate for climate justice. Providing them with resources and guidance to comprehend the reality of environmental issues is essential. Fostering sustainable mindsets through comprehensive education from a young age is key. These future generations must fully grasp concepts like climate change, carbon emissions, carbon footprint, carbon financing, green skills, and the multifaceted challenges stemming from climate change.

As young individuals, it’s vital for us to comprehend issues related to social justice, climate justice, and the evolving skill demands in the global market.

Green skills encompass the knowledge, abilities, and competencies individuals possess to contribute effectively to a sustainable, environmentally friendly economy. These skills are pivotal in addressing environmental challenges such as climate change, resource depletion, pollution, and habitat destruction.

Skills related to renewable energy—encompassing the generation, distribution, and management of sources like solar, wind, and hydroelectric power—are crucial in transitioning from fossil fuels. Nepal holds immense potential in hydroelectricity, which, if harnessed effectively, could lead to electricity export to neighboring countries like India and China.

Competencies in Waste Management and Recycling involve managing and reducing waste, promoting recycling, and implementing sustainable waste disposal methods. Equally important is knowledge about water conservation, efficient utilization of water resources, and wastewater treatment.

Developing eco-friendly products requires skills to create and promote products and services with reduced carbon footprints, ensuring environmental responsibility—a necessity in today’s context.

The youth in Nepal require employment opportunities, necessitating collaboration between the government and citizens to create an environment conducive to Nepali and foreign investment. Securing capital for green projects precedes the need for specific job opportunities.

Certain advancements in business have championed green business models. For instance, there are ventures that utilize green technology to manage municipal solid waste sustainably. By partnering with local governments, they produce biogas CNG for public vehicles and biofertilizers as a byproduct.

Understanding our local context is crucial; blindly replicating Western methods may not align with our waste composition. A 2020 survey by Nepal’s Central Bureau of Statistics revealed the country generates 2,233 metric tons of waste annually, with 54 percent being organic. In Kathmandu, organic waste accounts for approximately 70 percent of municipal solid waste. The issue of waste management urgently needs attention in Nepal.

In 2022, Kathmandu attempted to dispose of its waste in Dhunbeshi Municipality in Dhading and Kakani Rural Municipality in Nuwakot, facing resistance from locals.

In this context, ActionAid, for COP28, has laid out five crucial climate justice benchmarks aimed at addressing Loss and Damage and advocating for real action. Teresa Anderson, ActionAid International’s Global Lead on Climate Justice, highlighted the global anticipation for COP28 to urgently address the long-overdue Loss and Damage Fund. Anderson emphasized the moral responsibility of affluent nations to fill the fund, providing critical support to communities deeply affected by climate change-induced disasters.

Moreover, Anderson stressed COP28 as an opportunity to redirect the substantial public and private financing currently channeled into fossil fuels and industrial agriculture, emphasizing the need to rectify these detrimental financial flows perpetuating the climate crisis.

Amid the alarming weather patterns of 2023 that claimed lives worldwide, Anderson expressed heightened expectations for concrete solutions at this year’s climate conference in Dubai. She emphasized the pivotal role of COP28 in combating the climate crisis while highlighting key issues that demand immediate attention for a successful outcome amid the numerous negotiation tracks.

The ActionAid global federation has also recently initiated the global climate justice campaign, with ActionAid Nepal playing an integral role in contextualizing and contributing to this worldwide initiative. As a global federation dedicated to enhancing people's lives, ActionAid focuses on gender equality, education, resilient livelihoods, climate change, and emergency response. The primary objectives revolve around advocating for climate justice and equality, recognizing the accountability of private investors engaged in climate-harming enterprises, and aiding climate-affected communities in adapting to and mitigating climate change through local eco-friendly solutions such as ‘agroecology’ farming.

The climate justice campaign spearheaded by ActionAid revolves around empowering those most affected by climate change, including women, youth, and vulnerable communities. Its mission is to mobilize these groups through strategic organization, mobilization, and effective communication to push for tangible political and social change aimed at achieving climate justice.

Sujeeta Mathema, Executive Director of ActionAid International Nepal, emphasizes that ActionAid focuses on climate justice through financing and mitigation efforts. This involves providing climate financing to women, young people, smallholder farmers, and marginalized communities in climate-vulnerable countries. The approach recognizes the responsibility of prosperous nations, resulting from unchecked carbon emissions, to address global warming. ActionAid advocates for supporting both developing and least developed countries in adapting to climate change impacts. Additionally, it promotes economic development by shifting from extractive practices to regenerative methods.

Central to the Climate Justice Campaign are efforts to combat the adverse impacts of toxic agribusiness and fossil fuel dependency. This campaign seeks to exert global pressure on major investors funding these industries, compelling them to advocate for increased national and international funding to transition from environmentally detrimental economies to regenerative ones. Both private and public funding will be redirected toward greener and sustainable solutions.

ActionAid’s climate justice framework primarily revolves around financing and mitigation options. It emphasizes providing climate financing to women, youth, smallholder farmers, and marginalized communities in climate-vulnerable countries. This financial support enables them to implement adaptation and mitigation measures to combat the effects of climate change. The initiative also highlights the responsibility of nations that have flourished due to unchecked carbon emissions to curb global warming and support both developing and least developed countries in adapting to climate impacts. Furthermore, it advocates for economic development by transitioning from extractive practices to regenerative methods.

The widespread effects of climate change disproportionately impact underprivileged populations despite their minimal contribution to global warming. This deepens existing disparities and underscores the need to amplify their voices on national and international platforms. The campaign aims to hold governments accountable for promoting climate-friendly public and private investments.

ActionAid’s five climate justice benchmarks for a successful COP28

• Leaders must agree on and put money in the new Loss and Damage Fund so that communities  on the frontlines of the climate crisis can rebuild and recover in the aftermath of climate  disasters. It is sad that women, girls, marginalized communities, and people living in poverty are  particularly and disproportionately affected by climate-induced loss and damage. Without  appropriate international financial support, countries devastated by climate change impacts run  the risk of falling deeper into debt from economic losses and massive recovery costs. That is why  the Loss and Damage Fund must deliver support to such countries. 
• Fossil fuels are the major cause of the climate crisis the world is now grappling with. Yet a UN  report shows the world’s petrostates are on course to increase production. COP28 must agree  to phase out fossil fuels in a way that is fair, fully financed, and enables just transitions. To  avert a catastrophe, we need to limit temperatures to the agreed 1.5 degree-Celsius mark, by  ending fossil fuel dependence and agreeing on a phasing out.  
• The world’s finances are flowing in the wrong direction and a shift is necessary to stop doing  harm and build a more sustainable future. ActionAid’s report “How the Finance Flows” (Sept  2023) found that in the seven years since the Paris Agreement was signed, banks in the Global North  have been financing the fossil fuel industry in the Global South to the tune of $3.2trn. Negotiations on Article 2.1c must make real progress in reshaping the financial flows  that continue to fuel the climate crisis. 
• The Global Stocktake (GST) must result in a frank analysis and a real ramping up of climate  action where it is needed most, putting the biggest polluters in the hot seat. Disappointingly, the world is off-track when it comes to efforts to maintain the 1.5 degrees Celsius global  warming limit or provide the climate finance needed to cope with climate impacts and transition  to greener pathways. 
• The new work programme on Agriculture and Food Security to be agreed upon at COP28 must  talk about real solutions such as agroecology to make farmers and food systems fit for purpose  in an era of climate change. It is imperative that countries divest from industrial agriculture and  invest in agroecology. Sadly, in the seven years since the Paris Agreement was signed, Global North banks have been financing harmful industrial agriculture in the Global South to the tune of $370bn, according to ActionAid’s research. 

This article is a joint effort of Mahesh Badal-Livelihood & Natural Resources Specialist and Girwani Rana-Trainee of ActionAid International Nepal

The verdict delivered by the Rukum West District Court in the Navaraj BK murder case has rekindled public faith in the judiciary. The esteemed court handed down life sentences to 24 individuals involved in the lynching of six youths, including Navaraj BK, in Chaurjahari Municipality-8, Rukum West three years ago.

Why were Navaraj and his friends killed?

The root cause of this tragic incident was caste, as confirmed by the district court’s verdict. Navaraj, a young man from Ranagaon in Bheri Municipality-4 of Jajarkot, was in a relationship with a non-Dalit Malla girl from Rukum West. Both were happy in their relationship and wanted to get married.

 On May 23, 2020, Navaraj and his friends reached the girl’s village in Soti to escort her to his home for the marriage ceremony. Despite the shared happiness of the involved couples and their desire for marriage, the caste divide shattered their dreams. 

A mob from the non-Dalit community in Soti village violently attacked Navaraj and his friends, resulting in six deaths and injuring 12 others. The bodies were discovered along the banks of the Bheri River after a long search. Along with Navaraj, his friends Sandeep Bishwakarma, Tikaram Sunar, Ganesh Budha, Lokendra Sunar and Govinda Shahi were killed in the incident.

Caste discrimination remains a pressing issue in Nepal, with Dalits enduring centuries of oppression and violence solely based on their caste. Navaraj’s case is just a representative case. Sayte Damai of Dailekh was murdered by non-Dalit people just because he married a non-Dalit girl. There are many such incidents of discrimination against Dalits. Many reports of INGOs, NGOs and even government offices show Dalits face discrimination in various aspects of life, including access to public spaces, places of worship, and relationships.

 A few Dalits muster the courage to pursue legal action in cases of caste discrimination, while the majority remain unheard and suppressed. Local leaders and influential figures often try to settle caste discrimination cases locally.

 Non-Dalits caution victims against speaking out, creating an environment of intimidation. Instead of aiding the marginalized majority, whether educated or not, there is a tendency to threaten those who attempt to raise their voice against discrimination. In such a challenging context and prevailing social norms, how can a Dalit hope to attain justice in a case of caste discrimination?

The caste system has persistently denied justice to Dalits throughout history, manifesting in loss of life, property, and enduring inhumane treatment. Despite constitutional provisions such as Articles 17, 18, 24, and 40 explicitly advocating for equality, human rights, and freedom, the prevalence of caste conflicts persists among non-Dalits who disregard these laws.

While there are ongoing caste discrimination cases in the courts, Dalits rarely find justice in such matters. Deepa Nepali’s case in Kailali, where she faced eviction from a rented room based on her caste, exemplifies the challenges encountered by those seeking legal redress. Despite initial threats, Deepa, a university student, courageously pursued legal action. Unfortunately, the verdicts from the Kathmandu District Court and Patan High Court were not in her favor. There are many examples of systemic challenges faced by Dalits in securing justice.

Landmark verdict

The history of Dalit justice has not been favorable, with the caste system often overshadowing legal proceedings. In this instance, however, the Rukum West District Court has demonstrated a commitment to breaking this pattern. This landmark verdict is not only a victory for the grieving families of the victims but also a triumph for the entire Dalit community. This groundbreaking decision sets a legal precedent that may pave the way for justice in future caste-related cases. The court's acknowledgment of the caste-based motivations behind the violence sends a powerful message that justice can prevail even in the face of deeply entrenched discrimination.

The caste system, inherently discriminatory and illegal, stands against the principles of humanity and the law. It perpetuates division, imposing arbitrary rules and restrictions. It is imperative for Nepali society to reconsider its stance on this inhumane system. Without a collective effort to eradicate caste-based discrimination, incidents like the Rukum massacre may continue to plague our society. Authorities, civil society, and the public must unite to eliminate this systemic injustice from our midst.