The Dalits of Nepal and a New Constitution - ConstitutionNet

The Dalits of Nepal and
a New Constitution
3
In the specific context of Dalits, the NPC-UNDP-UNICEF
report, Voices of People in Development (2006) notes
that “the poor people, especially the Dalits and minority
groups, also find themselves trapped in a vicious cycle
of other complicated problems. They include the loss of
confidence due to the humiliation and distrust by rich
families. The poor people seem to be more vulnerable
to exploitation as a result of their ignorance and isolation.
They desperately seek access to services, information
and opportunities, which are often systematically denied
or deprived, making their lives even more difficult. And
usually they are not in a position to demand or bargain”
(p. 203). Because of these and other vulnerabilities,
Dalits suffered greatly during the insurgency period (the
Kathmandu Charter calls for investigations into atrocities
committed against Dalits, and to compensate them in
appropriate ways).
The above account and other sources in the Collection
shows how most aspects of life and relationships are
implicated in untouchability and discrimination: and how
a range of rights are violated, in private and public
domains. The disadvantages and sufferings of the Dalits
cannot be attributed to the denial of one, or even a set
of, human rights. The discrimination and oppression is
so pervasive, and in so many instances they affect different
members of the community (children, women, the
elderly, workers, the landless) differently, that the denial
of most human rights are involved, both at the level of
the individual and community (as the NYU report so
clearly demonstrates). The consequence is not the
violation of specific rights but the marginalisation,
subordination and oppression of a whole community—
and the denial in a most fundamental way of their
humanity. This requires us to strategise in terms of justice
for individuals as well as the community. Nor can the
remedy be just the protection of these rights. We have
to envision not only the relationship of Dalits to the state,
but also between them and other communities; and
action in not only the public sphere but also the social
and private.
Due to the lack of representation in politics, civil service
and professions, Dalits’ efforts to improve their situation
have been largely ineffective. And their low status and
the arrogance with which they are treated by upper castes,
motivated in part by the desire to remind Dalits of their
place in society, often lead to terrible retribution when
they struggle for better rights. However, now the making
of the new constitution for new Nepal opens up
opportunities for their political, social, and economic
advance. A major demand of the 2006 jana andolan was
social and regional inclusion and the empowerment of
the marginalised. The Interim Constitution, drawn up by
the leaders of the major political parties, acknowledges
the exclusion of and discriminations against Dalit (and
other communities) and commits the state to an
extensive programme of inclusion and social justice
through the restructuring of the state, including
reservations and other forms of affirmative actions. Not
all of the reforms identified for this purpose will serve
the Dalits as effectively as other communities (for example
federalism). Dalits have stated clearly and emphatically
what reforms they would like to see in the constitution,
and the structures and practices of the state, in the
Kathmandu Charter—and in many other places.
III Kathmandu Charter of Dalit
Rights 2007
One objective of our project with Dalit organisations was
for them to prepare and adopt a Charter of Dalit Rights.
The Charter was drawn up in an inclusive and participatory
manner. It was designed to reflect the concerns of Dalits
in different parts of the country and from different Dalit
communities. Each conference, reflecting regional
concerns, produced its own charter. These charters formed
the basis of the national charter, the Kathmandu Charter
of Dalit Rights 2007, a draft of which was discussed and
debated at length, and adopted, at the Godavari
conference. Delegates were invited by the then Prime
Minister, Mr. GP Koirala, to his residence in Baluwatar to
present the Charter to him and the government. He
expressed his full support for the Charter, which now
constitutes the Dalit fundamental demands regarding the
constitution making process and the constitution.
The Preamble identifies the “feudal, Hindu caste system”
as cause of the marginalisation of the Dalits, and endorses
the call by the House of Representatives in its
Proclamation of 4 June 2006 “to make the nation free
of untouchability”. It calls for the implementation of
existing laws and formulation of new ones to meet their