The Future Course Of Dalit Movement

The organised Dalit movement in Nepal began in 2003 BS, marking the start of a long struggle for the rights and recognition of the Dalit community. Despite this, the Dalit population had to wait nearly 70 years to have their basic rights constitutionally guaranteed. Even now, nearly nine years after the promulgation of Nepal’s current constitution, the promises made for Dalit rights remain largely unfulfilled. Articles 24, 40, and 42 of the Constitution of Nepal are specifically dedicated to the rights of Dalits. The Constitution, beginning with its preamble, commits to ending discrimination based on class, caste, region, language, religion, gender, and other social markers, including untouchability, while striving to build an egalitarian society grounded in proportional inclusion and social justice. However, the reality is far from this ideal. 

The Dalit community still faces meagre representation in key areas of governance—such as the executive (government), judiciary (courts), and legislature (parliament). Currently, the government has no representation of Dalits, and only 16 out of the 275 members of the House of Representatives belong to the Dalit community, despite Dalits making up around 14 per cent of Nepal’s population. Furthermore, in the nine years since the constitution was adopted, no law has been passed to enforce Dalit-specific rights. On January 31, 2022, the Supreme Court issued a directive order to ensure the effective implementation of Articles 24 and 40, yet the constitutional provisions regarding Dalit rights remain largely unimplemented.

Proportional inclusion

Article 24, which guarantees the right against untouchability and discrimination, stipulates that no person shall be subjected to untouchability or discrimination in public or private spaces based on caste, ethnicity, profession, or other factors. Any act of untouchability is considered a severe social offense and is punishable by law, with victims entitled to compensation. Article 40 ensures Dalits the right to participate in state affairs based on proportional inclusion. It mandates special provisions for their empowerment, representation, and participation in public services, as well as in education, health, and social security.

Article 42 further reinforces this by guaranteeing Dalits the right to participate in state bodies based on proportional inclusion. However, despite these constitutional guarantees, their practical implementation is still pending. The call for constitutional amendment is gaining momentum in the political sphere, and there are concerns that such amendments might lead to the erosion of the rights granted to Dalits. Many non-Dalit groups are reportedly unhappy with the constitutional provisions that ensure Dalits' rights. Against this backdrop, the Dalit movement must focus on both strengthening the rights enshrined in the Constitution and ensuring their effective implementation. The role of Dalit leaders within political parties and the legislature will be crucial in this regard. 

One of the key shortcomings in Nepal’s electoral system is the failure to guarantee the participation of marginalised castes, including Dalits, in direct elections. This has led to the dominance of particular castes or communities in the political process. Thus, the Dalit movement must now focus on ensuring Dalit participation in direct elections, much like women’s mandatory representation. Dalits should demand mandatory representation in the First-Past-The-Post (FPTP) elections, with political parties required to guarantee Dalit candidates proportionate to their population share. Moreover, special electoral constituencies should be created where only Dalit candidates can stand for election. 

Additionally, the Dalit movement should push for the creation of a "Dalit Integrated Law" that consolidates the rights and legal provisions related to Dalits under Articles 24, 40, and other relevant sections of the Constitution. At present, there is no dedicated ministry or structure to oversee the holistic development of the Dalit community. To address this gap, there should be a law to establish a Dalit Development Council or Authority, tasked with promoting the community’s development at all levels of government—federal, provincial, and local—aligned with Nepal’s federal structure.

Executive roles

Since untouchability and caste-based discrimination still persist in Nepali society, it is imperative for the state’s executive bodies to take proactive measures to eradicate these practices. A Caste Discrimination and Untouchability Elimination Committee should be formed at all three levels of government, under the leadership of the Prime Minister, Chief Ministers, and local government heads, with Dalit leadership incorporated into executive roles. The Dalit community remains significantly behind in terms of human development indicators, facing systemic exclusion in education, healthcare, employment, and social security. As such, there must be a policy provision to allocate a proportional budget based on the Dalit population at all levels of government. 

Dalit leaders and activists must raise this demand vigorously in parliament, on the streets, and within political parties. In line with constitutional mandates, the National Dalit Commission’s branches should be established in all provinces without delay. In conclusion, the Dalit movement should focus on two main fronts: ensuring the implementation of existing constitutional rights while simultaneously striving for further advancements in social, political, and economic inclusion. By building on the gains already made, the Dalit community can work towards greater equality and justice in the future. 

(The Author is a Journalist at RSS)