The Dalits of Nepal and a New Constitution - ConstitutionNet

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The Dalits of Nepal and
a New Constitution
including four towns and four villages. 28 Such practices
include denial by “high castes” of entry by Dalits into
houses, temples, hotels and restaurants, teashops, work
places, food factories, dairy farms and milk collection
centres etc. Non-Dalits deny Dalits services related to
milk, health, credit, training, religion and food and drink.
“High caste” people deny Dalits access to common
resources including drinking water sources, community
forests, and crematory. “High caste” people deny kinship
and other relationships including inter-caste marriages;
and Dalits experience caste based untouchability in feasts,
festivals, marriage processions, and funerals.
Dalit women start their day early in the morning by going
to a nearby water source to fetch drinking water but they
are not allowed to touch water fetched by “high caste”
people, or they wait for their turn until “high caste” people
have fetched water or even have to use a separate water
source that is not used by “high caste” people. If Dalits
somehow touch water collected by “high caste” people,
they are abused verbally or physically. “High caste” people
do not enter their houses and Dalits are not allowed to
enter “high caste” people’s houses. “High caste” and “low
caste” people do not eat food together. It is ironic that
“high caste” people hire Dalits as labourers or craftsmen
when they build their houses but after its completion
they perform purification rituals and then Dalits are not
allowed to enter their houses. Marriage between non-
Dalits and Dalits or between “high caste” and “low caste”
Dalits, often ends up with separation or social boycott.
Many Dalits work as agricultural labourers, cobblers,
blacksmiths, tailors or musicians for their “high caste”
patrons or landlords but instead of wages or remuneration
they get food grains during harvesting time. Dalits do not
get rooms or houses to rent in towns unless they hide
their Dalit identity. Dalits are not allowed to participate in
politics in leadership positions.
The concluding observations of the Committee on the
Elimination of Racial Discrimination, in March 2004,
include three important observations related to Dalits.
“The Committee remains deeply concerned at the
persistence of the de facto caste-based discrimination
and the culture of impunity that apparently permeates
the higher strata of a hierarchical social system. In
particular, it is concerned at information on the existence
of segregated residential areas for Dalits, social exclusion
of inter-caste couples, restriction to certain types of
employment, and denial of access to public spaces, places
of worship and public sources of food and water, as well
as at allegations that public funds were used for the
construction of separate water taps for Dalits.” 29 Another
observation is about ineffective implementation of laws:
“The Committee is concerned at the allegations of illtreatment
and ineffective protection of and discrimination
against Dalits and other vulnerable groups in society, by
law enforcement officials, especially the police. The
Committee stresses that prompt and impartial
investigations are paramount in counteracting
discriminatory attitudes and practices.”
Educational Hardships
Dr. Bidhyanath Koirala, an expert on education and Dalits,
categorized educational discrimination against Dalits: 30 (i)
Direct discrimination which has resulted in higher dropout
rates of Dalit students in education; (ii) Structural
discrimination against Dalit students with no proper access
to the means and materials in the schools; (iii) Silent
discrimination by the School Management Committees
who fail to take necessary action against school teachers,
peers, management committee members and guardians
who engage in caste-based discrimination in schools; (iv)
Pedagogical discrimination including teachers’ use of
derogatory words and examples in regard to Dalits, and
failure to appreciate Dalits’ occupation, culture and skills.
Poverty prevents Dalit children going to schools or
continuing their education. Dalit children who do go to
school are humiliated as untouchables by “high caste”
teachers and students in school, especially in the class
28
Bhattachan, Krishna B. et al. Existing Practices of Caste-based Untouchability in Nepal and Strategy for a Campaign for Its Elimination, (Kathmandu: Actionaid, Nepal, 2003)
page xiv.
29
Consideration of reports submitted by states parties under article 9 of the convention. Concluding observations of the Committee on the Elimination of Racial Discrimination.
NEPAL. Committee on the Elimination of Racial Discrimination, Sixty-fourth session 23 February-12 March, 2004. CERD/C/64/CO/5, 28 April 2004, para. 12. Available
on the internat http://www1.umn.edu/humanrts/country/nepal2004.html.
30
Cited by Bhattachan, Krishna B., Tej Sunar and Yasso Kanti Bhattachan (Gauchan). Caste based Discrimination in Nepal (2007) (A final draft report prepared for Indian Institute
of Dalit Studies (IIDS), Delhi, International Dalit Solidarity Network (IDSN), Copenhagen, in association with Nepal National Dalit Social Welfare Organization (NNDSWO) and Dalit
NGO Federation (DNF)).