Constitutional Arrangements And Dalit Representation

Nepal's Constitution is considered much more progressive in many senses. It mandates proportional and inclusive participation of women, indigenous ethnic groups, Madhesi, Dalits, and marginalised communities in state apparatuses.  "To build an egalitarian society founded on the proportional inclusive and participatory principles in order to ensure economic equality, prosperity, and social justice, by eliminating discrimination based on class, caste, region, language, religion and gender and all forms of caste-based untouchability" is the part of the preamble of the Constitution. 

However, stakeholders said the effective implementation of the country's main law is still their concern. They claim that historically marginalised classes and communities are still awaiting their adequate involvement in the executive (government), legislature (parliament), and judiciary (courts). It is said the latest representation of the Dalit community in the government mirrors the implementation status, which is not satisfactory, of the provisions concerning proportional and inclusive representation. Presently, the Cabinet has the participation of just one Dalit as the minister of state. 

Proportion representation

The situation was the same in the previous government. In the current House of Representatives, there are 15 Dalit members towards the proportion representation and one is directly elected, totaling 16 members. This represents makes up just 5.81 per cent. In the first election of the House held in 2017 following the promulgation of the Constitution, the representation of the Dalit community was 6 per cent. In the first 2008 Constituent Assembly (CA), the representation of Dalit community was 8.48 per cent as they numbered  51, out of 601 and this number dropped to 41 to make up  6.82 per cent in the 2013  CA. 

Hiralal Bishwakarma is the first minister to represent the Dalit community. He was appointed Assistant Minister for Education in 2031 BS and later served as the Minister of State for Education and the Assistant Minister for Supply between 2031 to 2041 BS. The country could get just seven ministers from the Dalit community over a span of three decades.  Hiralal Bishwakarma, Prakash Chitrakar, Lal Bahadur Bishwakarma, Hari Shankar Pariyar, Golchey Sarki, Pratap Ram Lohar, and Man Bahadur Bishwakarma were those serving as either assistant or state ministers in between 2031 or 2063 BS. There were no full ministers representing the Dalit community till then. The interim government led by Girija Prasad Koirala that was formed on 12th Baishakh 2063 (April 25, 2006),  following the Jana Andolan-II (People's Movement-II) in 2062/63 BS (2006) inducted Khadga Bahadur Bishwakarma as Minister for Women, Children, and Social Welfare, and Chhabilal Bishwakarma as Minister for Agriculture and Cooperatives. 

They were the first full ministers from this community in the country's history. Subsequently, Chhabilal Bishwakarma, Mahendra Paswan, Khadka Bahadur Bishwakarma, Bishendra Paswan, Daljit Shripaili, Meen Bahadur Bishwakarma, Jagat Bahadur Sunar Bishwakarma, and Maheshwar Jang Gahataraj became ministers. Similarly, after 2063 BS, Naresh Kumar Bishwakarma, Jeet Bahadur Darji (Gautam), Khadga Bahadur Basyal, Kalawati Paswan, Dal Bahadur Sunar, Gopi Achhami, Ramani Ram, Dhanmaya BK, Karn Bahadur BK, Bimala BK, and Asha BK were appointed as state ministers. 

This scenario is sufficient to say that the presence of Dalit community in the state power has gotten shrunken. Lawmakers from this community said it is disappointing to see a narrowing presence of their community in the state power. Article 40 of the Constitution has guaranteed Dalit rights with the promise of their participation in all state bodies based on the principle of proportional inclusion. Similarly, the constitution guarantees a special provision as per the law for the empowerment, representation, and participation of the Dalit community in public service and other employment sectors. 

Rights

Similarly, Article 41 (1) is about the rights of the economically, socially, or educationally backward women, Dalit, Indigenous nationalities, Madhesi, Tharu, Muslims, backward classes, minorities, marginalised communities, persons with disabilities, gender and sexual minorities, farmers, labourers, oppressed or citizens of backward regions and indigent Khas Arya to participate in the State bodies on the basis of the principle of proportional inclusion. Article 76 (9) of the Constitution is about the constitution of the Council of Ministers comprising a maximum of twenty five Ministers including the Prime Minister, in accordance with the inclusive principle, from amongst the members of the Federal Parliament, but this has not been followed in the practice. 

The Federal Civil Service Bill which is presently under consideration in the parliament reserves 27 per cent quota for Khas Arya women, 25 per cent for indigenous ethnic groups, 15 per cent for Madhesi, 12 per cent for Dalits, 6.6 per cent for Tharu, 4 per cent for Muslims, 4 per cent for backward regions, and 4 per cent for persons with disabilities. Previously, there were no separate reservations made for women in the Civil Service. According to the Public Service Commission, the presence of Dalits in the civil service is 2.3 per cent in the police 9.46 per cent, and in the army 8.18 per cent. Standing Committee member of the Nepal Communist Party (Maoist Center), Parshuram Ramtel, stresses the need to increase the reservation percentage for Dalits, given that the number is still significant compared to the population. It is warranted to implement the principle of proportional inclusion as stated in the Constitution at all levels, but the scenario is contravening, he stressed. "Thus, representation for Dalit communities, which have been marginalised economically, socially, culturally, and politically for centuries, must be increased in all the state bodies." 

(The author is a journalist at RSS)