The rights of OBC (Other Backward Class) peoples have come to the forefront in Nepal recently, especially after the two movements of Madhesh. Now they are hotly debated in the context of drafting the new constitution. It has been an increasingly politicized issue. Nepal is a multiracial, multicultural, multilingual and multiethnic country. There has been a long history of exclusion and marginalization and the socio-economic differences among various national groups are stark. The debate about minority people’s rights also includes a general call for more participation, self governance, empowerment in many segments of society, indigenous or not. The debate is how the constitution should best guarantee the widest possible degree of autonomy for Nepal’s OBC and what mechanism can ensure effective implementation while preserving a balance with interests of the whole population at large with general standards of human rights and democracy and with the goals of establishing an integrated, and governable and prosperous Nepal.

OBC is not a new term. OBCs are spread around 22 districts of Madhesh spreading from the East to the West. They number almost one-third of Nepal’s population. They include several socially, educationally and economically backward classes. They are fighting for their rightful position in national politics. It is a matter of regret that no scientific and systematic survey has been done till date to categorize, classify and identify these backward classes. There were no concrete criterion on which it could be done. It is also impossible to give the exact population figures of the OBCs. Moreover, there

is no mention of OBCs

in the interim constitution of 2063 B.S. This term has been referred to in the proposed draft of the constitution which is stipulated to be written within five months from now.

There are scheduled castes (SC) and scheduled tribes(ST) in India and they are getting the lion’s share in every sector. Article 335 of the Indian constitution provides jobs for SC and ST in the administrative services while other constitutional provisions provide for reservations in the parliament and the state assemblies. The provisions of the OBCs referred to in article 15(4) of the Indian Constitution Provision has also been made in India for quotas for them as regards enrollment in schools, colleges, and medical and engineering institutions and employment in government service. By and large these provisions were not politically contested.

In 1990, the provision for 27 per cent of Central Government positions were announced to be set aside for the OBCs in addition to the 22 per cent for SC. and ST. We can learn a lesson from India in this context that is in managing diversity. Political institutions have accommodated diverse caste, ethnic/national linguistic. indigenous and religious groups, managed conflicts and helped to consolidate democracy. For instance, linguistic, religious and ethnic federalism accommodated diverse groups in India. India has recognised

22 official languages, and has adopted policies supporting three languages in many of its regions. Reservations have ensured

representation of Dalits, tribal and other backward groups in the administration, legislature and educational institutions.

The first minority rights were forwarded by the Diet of Hungary in 1849. Minority rights as applying to ethnic, religious or linguistic minorities and indigenous peoples, are an integral part of international human rights law, like children’s rights, women’s rights and refugee rights. It a legal framework designed to ensure that a special group which is in a vulnerable,

disadvantaged or marginalized position in society,

is also able to achieve

equality and is protected from persecution.

The first post-war international treaty to protect minorities, designed to protect them from the greatest threat to their existence, was the UN Convention on the prevention and punishment of the crime of genocide.

There are subsequent human rights standards that codify minority rights including the International Covenant on Civil and Political Rights ( article 27 of ICCPR,1966). Minority rights cover protection of existence, protection from

discrimination and persecution, protection and

promotion of identity

and participation in political life. Initially, the United Nations treated indigenous peoples as a subcategory of the minorities.

The minorities frequently find democratic majority rule processes to be extremely threatening. The danger is that the majority will simply use its power to win elections, and take away the rights of the minority. This is why effective mechanisms for protecting minority rights are essential for the success of any democratic dispute resolution process. And this holds true for Nepal in its task of drafting the new constitution. There can be no doubt that the existence and rights

of every class of the

society needs to be acknowledged and treated on an equal footing by the state which the constitution that is being drafted needs to take account of. The OBC deserve special mention in this regard.