It has been nine years since the promulgation of the Constitution of Nepal, which promises to 'end class, caste, regional, linguistic, religious, and gender discrimination' and ensure economic equality, prosperity, and social justice. The Constitution envisions the creation of an egalitarian society, founded on the principles of proportional inclusion and participatory governance. In line with this, the Preamble resolves to eliminate caste-based discrimination and to promote an inclusive and equitable society. Under the Fundamental Rights, Article 40 ('Rights of Dalits') guarantees that Dalits shall have the right to participate in all organs of the state, in accordance with the principle of proportional inclusion.
Despite these constitutional provisions, Dalit participation in state organs, particularly the executive and legislative branches, remains alarmingly low. According to Article 76 (9), ministers must be appointed from among the members of the Federal Parliament based on the principle of inclusion. Additionally, Article 42 (1) affirms that the socially backward sections of society, including Dalits, have the right to participate in the organs of the state through the principle of inclusion. While these provisions clearly guarantee proportional participation, the current reality diverges sharply from the constitutional intent. Dalit representation in the national parliament is minimal, and the situation in the executive is even more concerning.
As of now, only 16 Dalits (5.81 percent) are represented in the House of Representatives, even though Dalits make up approximately 13 percent of the population. In the 2007 Constituent Assembly, there were 50 Dalit representatives (8.32 percent), a figure that declined to 40 (6.65 percent) in the 2013 Constituent Assembly, and further dropped to 20 (7.27 percent) in the 2017 House of Representatives. This decreasing trend underscores the persistent underrepresentation of Dalits in the legislative process.
Dalit lives matter
In the 59-member National Assembly, only eight Dalits are present, which further reflects the disparity in political representation. Moreover, the Council of Ministers is entirely devoid of Dalit representation, a glaring violation of the constitutional commitment to proportional inclusion. While Rupa BK has been appointed as a Minister of State, this appears to be a symbolic gesture rather than substantive inclusion. The absence of Dalits in the 22-member Cabinet is particularly striking, given that Dalits were once represented in the Cabinet, such as in the 2007 Council of Ministers when two Dalits—Khadga Bahadur Bishwakarma and Chhabilal Bishwakarma—were appointed as cabinet ministers. Since then, the representation of Dalits in the government has dwindled, suggesting a clear departure from the inclusive vision of the Constitution.
Another significant failure is the lack of any meaningful legislation or measures to address Dalit issues. Despite the constitutional promise to end untouchability and discrimination, Article 24 ('Right against Untouchability and Discrimination') prohibits discrimination based on caste, ethnicity, or profession in any public or private space. However, this provision remains largely unenforced, as demonstrated by the continued prevalence of caste-based violence and discrimination. The Caste Discrimination and Untouchability (Offences and Punishment) Act, 2011, while a step forward, has proven largely ineffective. Dalits continue to suffer violent and inhumane treatment, including sexual violence, murder, and social ostracization, particularly in rural areas. Numerous Dalits have been subjected to violence for simple acts such as drawing water, cooking, entering temples, or engaging in inter-caste marriages.
Cases like the rape and murder of Angira Pasi in Rupandehi, the killing of Tikaram Nepali in Rukum for supporting an inter-caste love affair, and the brutal treatment of Muna Sarki in Kalikot underscore the deep-rooted violence and discrimination Dalits endure. Even after the enactment of the Caste Discrimination and Untouchability (Offences and Punishment) Act, at least 20 Dalits have been killed due to caste-based violence. These incidents illustrate the tragic gap between the legal framework and its enforcement in protecting Dalits. The indifference of authorities toward caste-based violence and discrimination, compounded by the absence of effective implementation mechanisms, reflects a broader societal apathy toward the plight of Dalits.
While technological advancements and scientific innovations dominate global discourse, Dalits in Nepal are still fighting for their basic human dignity and rights. The governance system has undergone significant transformation, with promises of national progress embodied in the slogan "Prosperous Nepal, Happy Nepalis." Yet, for Dalits, the situation remains unchanged. Their aspirations for equality, recognition, and opportunity continue to be stifled by entrenched social hierarchies. The Dalit community is positioned at the bottom of the Human Development Index (HDI), with limited access to education, healthcare, employment, and political power. Despite the constitutional guarantees for Dalit rights and entitlements, there has been little to no progress in implementing these rights. A lack of comprehensive laws and the weak enforcement of existing provisions have left Dalits marginalized and voiceless.
Given the historical oppression of the Dalit community, it is imperative that the government swiftly enacts a unified law that addresses the multifaceted issues facing Dalits. Such a law should not only criminalize caste-based discrimination and untouchability but also ensure the active and meaningful participation of Dalits in political, economic, and social spheres. The law should promote their socio-economic upliftment, guarantee access to quality education and healthcare, and facilitate their full participation in all aspects of public life, including the legislature and executive. Without a robust legal framework and a commitment to enforcing it, the constitutional promises made to Dalits will remain mere words on paper. It is only through genuine political will, supported by comprehensive laws, that Dalits can hope to transcend their historical marginalization and achieve the equality and dignity that the Constitution guarantees them. The time has come for the state to deliver on its promise of justice, and ensure that the Dalit community is not left behind in the pursuit of materializing the motto of 'Prosperous Nepal, Happy Nepalis.’
