KATHMANDU, JUNE 4
Even after 15 years of elimination of caste-based discrimination and untouchability, it is still prevalent in Nepal despite criminalisation of the social evil.
Issuing a press statement to mark the 15th year of elimination of the ill social practice, the National Human Rights Commission warned that incidents of castebased discrimination and untouchability had continued unabated due to poor implementation of the prevailing constitutional and legal provisions. The country was officially declared free from castebased discrimination and untouchability on 4 June 2006.
Article 24 of the constitution states that no person shall be subjected to any form of discrimination or untouchability on the ground of his/her origin, caste, tribe, community, occupation or physical condition. Any act of untouchability and discrimination shall be punishable by law, and the victims shall have the right to obtain compensation for the damage caused to him/her.
However, the society continues to be divided over so-called high caste and low caste regardless of national and international laws in force. "Incidents like beating, mental and physical torture, murder, rape, social exclusion, denial to provide room on rent, disparity in education sector, use of abusive words and untouchability, among others, targeting the Dalits have been reported on a daily basis. We are concerned about the culture of impunity which still exists in the country due to failure to bring to book the perpetrators without delay," read the statement.
As per the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act-2011, a victim of caste-based discrimination or a witness in such case may lodge a complaint at the nearest police office seeking legal action against perpetrators. If police refuse to register the complaint and do not initiate action against the suspect, one may file complaint at the National Dalit Commission or the concerned local level within 15 days of the incident.
If convicted, the perpetrator shall be liable to imprisonment for maximum two years and fine of up to Rs 20,000 as per the law. Court many order the offender to provide compensation up to Rs 200,000 to the victim. Despite this, filing complaints against incidents of castebased discrimination with the police and local authority is not easy.
Dalits are not able to sell dairy products, including milk due to some conservative thinking in society.
There are instances where different utensils are used to serve them tea and food. The practice of not inviting them to non-Dalit's home for puja, marriage and other social functions is also pervasive.
Even if they are invited, a separate arrangement is made to serve prasad and food for them. Practices such as preventing Dalits from using well and taps in non-Dalit area and entering into a temple have harmed their self-esteem. Inter-caste marriage is not recognised.
Dalits find it difficult to rent a room or a flat.
The rights body has urged the Government of Nepal to effectively implement the constitutional and legal provisions for ending the social evil in practice. Similarly, it called on all the political parties and their sister organisations, civil society, religious organisations, national and international non-governmental organisations, mediapersons, human rights defenders and the general public to cooperate with the government for the implementation the law. The NHRC also drew the attention of the government to the plight of Dalits during the pandemic and urged it to provide relief and proper medical care to them.
A version of this article appears in the print on June 5, 2021, of The Himalayan Times.
