Bill proposes restitution up to Rs 200 thousands in caste-based discrimination offence

Published On: September 3, 2018 01:53 PM NPT

KATHMANDU, Sept 3: A Bill aimed to make the act against the caste-based discrimination and untouchability compatible with time and more effective has been presented before the House. 

The Bill tabled at the Federal Parliament by the government to amend the Caste-Based Discrimination and Untouchability (Offense and Punishment) Act 2011 has proposed the provision guaranteeing the compensation up to Rs 200,000 to the victim from the perpetrator as per the nature and level of offense. 

If the Bill is passed without any changes, the court, in case of a person convicted for the offence, may order the offender to provide the restitution of up to Rs 200,000 to the victim. 

The right against untouchability and discrimination has been constitutionally guaranteed in the country. The Article 24 of the Constitution of Nepal is about this right and it remains under the Fundamental Rights and Duties of Part 3. The country's main law demanded the enactments of laws and acts required to implement these rights within the three years of its promulgation. So, it is mandatory for the government to come up with legal measures towards that end by coming September 20. 

The Article states that no person shall be subjected to any form of untouchability or discrimination in any private and public places on grounds of his or her origin, caste, tribe, community, profession, occupation or physical condition. 

The Bill has ensured equal rights to a person by the court and a judicial body, and to equal protection, access and participation. The Bill has also guaranteed treatment and decent compensation for untouchability and social and caste-based discrimination. 

A proposal has been made to increase a fine of minimum Rs 1,000 to Rs 25,000 each depending on the nature of a crime to Rs 20,000 to Rs 100,000. 

One is barred from defaming or cause to defaming any person based on caste through any means like audio and video, article, creation, picture, cartoon, book and the broadcasting and publishing of any materials, said the Bill. 

The Bill has proposed to increase punishment and fine for a crime based on social and caste-based discrimination and untouchability to two months to two years of imprisonment each or Rs 2,000 to Rs 20,000 from the existing one month to one year in jail. RSS

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