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.”