Despite constitutional guarantees of equality and dignity, caste-based discrimination remains a deep-rooted issue in Nepal, particularly in rural areas. Among the most marginalized communities are the Dalits—historically labeled as “untouchables” and placed at the bottom of the traditional Hindu caste hierarchy. In rural Nepal, Dalits continue to face systemic disparities in legal treatment, denial of justice, and social exclusion from mechanisms meant to protect their rights.
Disparities in Treatment of Dalits in Nepal – Historical Background
Nepal’s caste system is centuries old and has historically positioned Dalits outside the sphere of dignity and equality. With the advent of democracy and the promulgation of the 2015 Constitution, Nepal officially became a secular and inclusive state. Article 18 guarantees equality before the law, and the Caste-Based Discrimination and Untouchability (Offense and Punishment) Act, 2011 criminalizes caste-based discrimination. However, the gap between legal provisions and ground realities remains wide.
In rural areas where traditional norms prevail, the legal system is often inaccessible, ineffective, or actively discriminatory toward Dalits. The intersection of poverty, illiteracy, and geographic isolation further limits their ability to seek justice.
Causes of Disparities in Treatment of Dalits in Nepal
Dalits in rural Nepal face multiple obstacles when they attempt to engage with the justice system. These include:
- Lack of Awareness
Many Dalit individuals are unaware of their constitutional and legal rights. Legal literacy remains low due to limited education, weak civil society presence, and minimal outreach by state institutions. - Institutional Bias
Police officers, local government officials, and even judges often belong to higher castes. In some cases, they exhibit overt or unconscious caste bias, dismissing or downplaying Dalit complaints. Dalits frequently report that their cases are not filed, are delayed, or are resolved through informal settlements that favor the dominant caste. - Social Pressure and Intimidation
When Dalits seek legal redress, they are often pressured by the dominant castes in their village to withdraw complaints. Threats, coercion, or social boycotts are used as tools of retaliation. Local peace committees or community dispute mechanisms, dominated by higher castes, reinforce such power dynamics rather than offer impartial mediation. - Economic Disadvantage
Pursuing justice often requires money for transportation, legal representation, and court fees. For Dalits living in poverty, these costs are prohibitive. As a result, even when legal pathways are technically available, they are practically out of reach.
Patterns of Discrimination in Legal Outcomes
Several studies and field reports have identified clear patterns in the handling of caste-based cases:
- Non-Registration of FIRs (First Information Reports):
Police frequently refuse to register cases of caste-based abuse or physical assault involving Dalits, especially when the accused belong to influential castes. - Out-of-Court Settlements:
Victims are often pressured into accepting informal resolutions, typically involving minor compensation or apologies, without punitive action against the perpetrators. This reinforces a cycle of impunity. - Lenient Sentencing or Case Dismissals:
Even when cases reach the courts, verdicts often favor the accused. Judges may dismiss caste-related motivations or grant bail on flimsy grounds. The enforcement of the 2011 Act remains weak, with few convictions.
Case Examples – Treatment of Dalits in Rural Nepal
Here are few exmples of the treatment given to Dalit minorities in rural Nepal:
1. The Rukum West Lynching (2020), worst example of Dalits maltreatment
One of the most harrowing instances of caste-based violence in recent memory occurred in May 2020, in Soti village, Rukum West District. A 21-year-old Dalit youth, Nabaraj BK, along with 17 of his friends, had traveled to the village to formally propose marriage to a girl from a so-called “upper-caste” Thakuri family. Instead of being welcomed, the group was brutally attacked by villagers. Six young men were killed—beaten and thrown into the Bheri River.
This case captured national attention and sparked widespread protests from civil society, Dalit rights organizations, and youth activists. It highlighted the persistent reality of caste-based prejudices, even among the younger generation.
2. The Dhanusha Incident (2019): Public Beating Over Water Access
In September 2019, in a village in Dhanusha District, a Dalit man named Gopal Ram was publicly beaten for drinking water from a communal hand pump traditionally used by upper-caste families. A group of men accused him of “polluting” the source and assaulted him with sticks while villagers looked on. Gopal was hospitalized with serious injuries, and his family faced a social boycott afterward.
Although an FIR (First Information Report) was eventually filed under the Caste-Based Discrimination and Untouchability (Offense and Punishment) Act, 2011, the case was never pursued seriously. Police failed to arrest the main perpetrators, citing “lack of evidence,” despite multiple eyewitnesses and video recordings. According to local activists, upper-caste influence in the village deterred authorities from acting swiftly, and Gopal’s family was pressured to accept a monetary settlement and withdraw the case.
3. Pattern of Impunity and fear
In both prominent and obscure cases, Dalits often do not pursue justice beyond the initial complaint. Fear of backlash, lack of legal support, and disbelief in state protection cause many to abandon their efforts. In informal settlements and rural municipalities, Dalits continue to live under constant threat of caste-based humiliation, with little hope that the justice system will support them.
Role of Civil Society and Media
In recent years, NGOs, Dalit rights organizations, and independent media have played a vital role in highlighting caste-based injustices. Legal aid programs, public interest litigation, and grassroots advocacy have begun to chip away at the culture of impunity. However, these efforts are still sporadic and heavily concentrated in urban or semi-urban areas.
Recommendations for addressing the issue of Plight of Dalits in Nepal
To address these disparities, a multi-layered strategy is needed:
- Strengthen Legal Literacy Programs among Dalit communities so individuals are aware of their rights and the steps to seek justice.
- Sensitize Law Enforcement and Judicial Officers through mandatory training on caste issues and implicit bias.
- Ensure Independent Oversight of caste-related cases to prevent interference by dominant groups or local elites.
- Expand Legal Aid Networks to remote rural areas, ensuring free legal representation for marginalized groups.
- Empower Dalit-Led Organizations to monitor human rights abuses and support community resilience against caste violence.