We must not forget that we are just a puppet in the hands of existence and we must learn a lesson that we should not discriminate each other. We have to be united and help each other in the time of need the way we did in the aftermath of the quake. However, significant challenges remain including addressing the exclusion of dalits, women, Madheshis and Janajatis from the mainstream.Nepal has experienced a series of remarkable political changes over the past few years and it has evolved from a Hindu kingdom to a secular republic but untouchable are still discriminated. When we study historical records and development of caste principles, we must not forget Manu. He is the one who divided society into castes and validated the caste system in his code Manusmriti and other Hindu texts to reinforce the stratification. At the top of the caste system were the Brahmins—the priests, next level consisted of the Kshatriya—the warrior caste. The farmers and merchants made up the next group known as the Vaisya, and the Sudras were craftsmen and laborers.
With the influence of Manusmriti, the first Malla King, Jayasthiti Malla of Kathmandu Valley in the 14th century brought five Brahmins from India and as per their guidance he segregated the masses of Kathmandu Valley into different castes. Second was King Ram Shah of Gorkha in 17th century who followed the similar idea of caste system. But the most influential document that entrenched caste system in Nepal was the Muluki Ain (Legal Code), developed and promulgated by the first Rana Prime Minister Jung Bahadur Rana in 1854. The legal code turned the pluralistic varna system into a uniform scheme. As a result large number of non-Hindu like Muslims, Christians and indigenous groups were forced to incorporate into the Hindu caste mainstream.
Later the law was amended to make the caste-based discrimination and untouchability illegal. The 2006 Interim Constitution states that all citizens shall be equal before the law, with no discrimination on the basis of caste. It goes a step further by creating a right against untouchability. When violated the offense is punishable and the victim is entitled to compensation. There are applicable Articles on the right to social justice, covering inclusion of dalits in state apparatus, and the right against exploitation, particularly exploitation based on custom.
Nepal has also ratified or acceded to a number of applicable international human rights treaties, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Nepal is obligated under The International Covenant on Economic, Social and Cultural Rights (ICESCR) to guarantee economic, social and cultural rights of all people, without discrimination against dalits, and take steps toward the realization of such rights. In addition, dalits have the right to freely choose or accept work, that remuneration for such work should be without distinction of any kind, and that they must be able to exercise the right to enjoy the highest attainable standard of physical and mental health.
However, constitutional provision or strong speeches by political leaders alone cannot bring any behavioral changes in the society. Some action oriented plans and programs are urgently required to address the dalit demands. The vast extent of the fundamental problem of social exclusion and poverty caused by it leaves much to be done. Dalit empowerment means uprooting the cause of poverty and exclusion of dalits from participation in socio-economic and political process.
Socially marginalized dalit groups need to be economically uplifted. They should be provided with opportunities for personality development, leadership skills, social and political education, and a space for self-reflection and growth. It is possible only through the support of stakeholders of state like civil society, I/NGOs, political parties and the media.
It is the responsibility of non-dalits to empower dalits to enable them to fully participate in state affairs and its resources. Both public and private sectors should do their best in empowering them.
The author is a martial artist, meditation practitioner and sociologist by profession
girithejorba@gmail.com
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