The Dalits of Nepal and a New Constitution - ConstitutionNet

24
The Dalits of Nepal and
a New Constitution
Viswakarmas, especially the Kamis, Damais/Dholis and
Sarkis are distributed in all 75 districts of Nepal (Table
2). Unlike other Madhesi Dalit castes, Dhobis are widely
distributed, being in 64 districts. Bantars, Mestars/
Halkhors and Chidimars are the least widely distributed,
being in 24, 25 and 28 districts only.
The map on page 25 indicates the distribution of Dalits
in the various districts (but without distinguishing
between the castes).
There is a legal definition and identification of
indigenous nationalities but such definition and
identification is lacking in the case of Dalits. The National
Dalit Commission has never managed to get its
governing law passed by the legislature. Unless a
blanket caste/ethnic and linguistic survey is done, no
one can be sure about how many castes, ethnic and
linguistic groups exist in Nepal. Without clear definitions
and identification of Dalits, it would be difficult to deliver
both democracy and development, and also right and
services, to Dalits effectively. There remain some
difficulties, however. Dalits complain that the 2001
census significantly underestimates the proportion of
Dalits in the population. Yet some of this is as a result
of non-identification by Dalits themselves. Should
people be required to identify themselves as belonging
to a group from which they have been trying to escape,
and identification which they have been denying, by
using another name – as is possible in cities but much
more difficult in rural areas? Many countries with
ethnically diverse populations have wrestled with this:
does the need for accurate statistics for purposes of
planning outweigh the underlining of divisive identities
that is involved in asking people to say in forms and in
census counts what those identities are? 27 What happens
to the people of mixed ancestry (who some think are
the future)?
Table 2 Number of districts by concentration of Dalits
Dalit Castes No. of No. of No. of Dalit Castes No. of No. of No. of
Districts Districts Districts Districts Districts Districts
with 100 with with no with 100 with with no
or more negligible members Dalit Castes or more negligible members
members of population of this members of population of this
parcticular (99 or fewer) group parcticular (99 or fewer) group
group
group
Hill Dalits Tatma 15 27 33
Viswakarma Khatbe 9 24 45
Kami 75 0 0 Dhobi 19 44 12
Sonar 57 15 3 Bantar 6 18 51
Lohar 39 29 17 Chidimar 9 19 47
Damai/Dholi 73 2 0 Dom 11 19 45
Sarki 71 4 0 Mestor/Halkhor 8 17 50
Gaine 19 37 19 Kuswadiya
/Patharkatta# 2 7 66
Badi 8 51 16 Kakahiya N/A N/A N/A
Madhesi Dalits Kalar@ N/A N/A N/A
Chamar/ Harijan
/ Ram 21 34 20 Khatik N/A N/A N/A
Musahar 17 24 34 Kori N/A N/A N/A
Dusadh/Paswan/Pasi* 18 26 31 Pasi* N/A N/A N/A
Source: Census of 2001.
27
The Draft Constitution for Kenya in 2004 said "A person may not be compelled to indicate or define that person's ethnicity or race." Had that been enacted, and the Census
Bureau wanted to ask about ethnicity, a court might have been called upon to ask the question posed in the text. A relevant point would be that the identification of each
person would be for statistical purposes only and no individual would as a result be identified by race for any other purpose.