Caste discrimination still rife in Nepal

 

Hariram Pariyar and Sangita Shahi from Rupandehi got married in February, choosing to elope after a long relationship. Unlike traditional marriages, where family members and relatives from both sides gather to celebrate, love marriages often lack such social rituals. In a caste-based society, inter-caste marriages, like theirs, can lead to serious conflicts.

Now, Hariram and Sangita are in Kathmandu, seeking protection and justice after receiving death threats from Sangita's family. Their pleas for help have so far gone unanswered. “We have filed complaints with all the relevant authorities, but no one has responded. We are being threatened with death,” says Hariram.

Another inter-caste couple, Ganesh Kumar Chadara and Jyoti Shah from Jajarkot, are also facing rejection from their community. They are currently living in Khalanga, the district headquarters, because their society has yet to accept their marriage. These couples are just two examples among many inter-caste pairs struggling for safety and acceptance amidst social and familial hostility. Both Hariram and Ganesh Kumar belong to the Dalit community.

The Caste-based Discrimination and Untouchability (Offense and Punishment) Act has been in place since 2011, but discrimination persists. The Dalit community, which is economically, socially, and politically marginalized, continues to suffer from untouchability and caste-based discrimination. Several Dalit youths have been killed for participating in inter-caste marriages or for minor infractions like touching a kitchen—evidence of the Act's ineffective implementation.

Recent incidents, including violent attacks on Dalits and their forced displacement, show that untouchability is, in fact, increasing. Sete Damai and Manbire Sunar, among others, lost their lives due to caste-based violence, even after the Act came into force.

The Act stipulates that individuals who discriminate based on caste face up to three years in prison, a fine between Rs 1,000 to Rs 25,000, or both. However, a study by Samata Foundation reveals that police often delay registering complaints and, in many cases, side with perpetrators. “Victims are frequently pushed toward reconciliation, even when cases are filed,” says Pradeep Pariyar, chairperson of the foundation.

According to Samari Utthan Sewa, 16 people have been killed due to caste discrimination since the Act's implementation. Although various political parties have pledged in their election manifestos to end untouchability, some political leaders themselves are implicated in caste discrimination cases.

Lawmaker Min Bishwokarma notes that caste-discrimination incidents are rising due to the Act’s weak penalties. Maoist Centre leader Ganesh BK advocates for equal Dalit representation in law enforcement and decision-making bodies. At a time when the bureaucracy appears indifferent to caste-based discrimination laws, CPN (Maoist Centre) politburo member Parshuram Ramtel has called for their effective enforcement.

“It is tragic that the Dalit community still endures inhumane treatment due to caste-based discrimination and untouchability in the 21st century,” says Bindi Pariyar, chairperson of the Association for Dalit Women’s Advancement of Nepal. 

Sixteen Dalits were elected to the House of Representatives in the recent elections, though only one was elected through the first-past-the-post system. Despite these political movements promising to end caste-based discrimination, these commitments have remained unfulfilled, according to rights experts.

Although the Dalit community has played a crucial role in Nepal's political transformations, caste-based discrimination and untouchability persist. According to political analyst and writer Bishwa Bhakta Dulal, these issues will not disappear until the economic and social status of Dalits improves.

Article 24 of Nepal’s Constitution guarantees the right against untouchability and discrimination. It prohibits any form of caste-based discrimination in both private and public spaces. It also forbids acts that promote caste superiority or inferiority or justify social discrimination based on caste. Though the Caste-based Discrimination and Untouchability Act was passed 12 years ago, its enforcement remains weak, say experts.