Enforcement of anti-untouchability law still weak -KAMAL PARIYAR


The people´s movement of 2006 is very memorable and special in the history of Nepal and it is even more so for the Dalits of Nepal. Especially remarkable for Dalits, who were suppressed and oppressed since decades back is June 4th of that year. 

On that day Nepal was declared a nation free of untouchability and discrimination by the interim parliament, which was established by the people´s movement, to which Dalits contributed significantly. Along with the declaration, the government also announced special economic programs of education, healthcare and employment for oppressed communities living under the poverty line. 

Courtesy: Jagaran Media Center

Almost five years after the declaration, the Dalits were the beneficiaries of one more bill from parliament. The legislature-parliament passed the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 on 24th May, 2011, acknowledging the principle that everyone is equal in terms of rights and human dignity. 

But despite the historic declaration and passage of the legislation, the country witnessed several incidents of discrimination and injustice. Many Dalits were victimized not only in the rural and remote areas but right in the capital city. So it is not hard to understand that the law enforcement agencies and other stakeholders were not that effective in practice in implementing the historic achievements.

Reportedly about half a dozen Dalit people lost their lives in various districts on the charge of touching other people´s kitchens or water or encouraging inter-caste marriage. There was displacement of Dalit families and inter-caste couples were left in a pathetic situation, seeking recognition of their rights. The victims either had to put up with being battered by the so-called higher castes or were turned into internal refugees in their own country. 

Right after the bill was passed by the legislature-parliament, Sete Damai, father of Santa Bahadur Damai of Dhanigaun in Toli VDC Ward No. 2, Dailekh district, lost his life in a heinous attack on on August 31, 2011. This was just one incident that occurred soon after the historic declaration, but the number of incidents concerning untouchability has been increasing tremendously, according to a media monitoring report.

The report shows that of the incidents of violence, excess and oppression against Dalits in fiscal year 2012/013, 80 percent involved untouchability and caste-based discrimination.
Out of the total, murder was involved in 2 cases, physical attack in 17, incidents related to harassment and personal dignity in 11, inter-caste marriage in 17, and sexual harassment and rape in 9 cases. These are some representative incidents covered in the report but there is more information related to such incidents, said different Dalit rights activists during a 12-day national campaign against caste-based discrimination and untouchability organized jointly by Dalit Civil Society (DCS) members to exert pressure on the government to implement the decisions it announced after the country went republican and to draw the attention of stakeholders--law enforcement units and political parties.

Inaugurating the campaign, Madhav Paudel, Minister for Information and Communications, stressed that there are strong constitutional and legal grounds against the practice of untouchability and other forms of discrimination. He also readily accepted that untouchability has remained a national issue because of loopholes in the implementation of the law. 

Like other government ministers and political leaders, he gave assurances that innovative measures would be stepped up to make sure that the law is implemented as per its spirit. “Law enforcement must be very effective as per the expectations of the Dalits and the government must run separate youth orientation programs to make the country totally untouchability-free,” said Shyam Shrestha, a political analyst. 

During the post- people´s movement period it was surprising to see people including government officers, central and local level political leaders and social leaders involved in discrimination. Different Dalit-based organizations have urged the government to bring in specific policies and programs for Dalits, ensure equal justice for them, bring in special laws for the elimination of caste-based discrimination, and see to the proper implementation of the law and observance of national and international conventions and declarations.

Former lawmaker and UCPN (Maoist) leader Biswobhakta Dulal Aahuti says that though the passing of the law was a great achievement, it was only the first step to ensure effective protection of Dalit rights. The adoption of the bill on Caste-based Discrimination and Untouchability must be accompanied by political will and strong institutional mechanisms, he said. 

Aahuti said a 12-day campaign was not enough to exert pressure on the government and there must be parallel efforts by political leaders and rights activists. The issue of Dalits is sure to remain unsettled until the fresh constituent assembly election and until Dalit and non-Dalit leaders of political parties work jointly to ensure an appropriate legal framework along with assurances of effective legislation and changes in social attitudes. 

Though the 12-day campaign was able to recall the historic days of the popular movement, it was unable to point out the limitations and further plans needed to make those days historic in the real sense. 

Govt bodies on Dalits are weak and ineffective


What was the main objective of the 12-day campaign against untouchability and caste-based discrimination?
We celebrated in memory of two historic days after the country turned republican, to promote solidarity and enhance cooperation between different stakeholders and rights activists against caste-based discrimination and untouchability. Though the law passed by the then parliament is remarkable the implementation part is very weak. As a result, Dalits in Nepal have been facing similar problems as in the past. So we members of Dalit Civil Society jointly decided to launch a campaign to draw the attention of the government once more. 

Do you think the campaign organized in the same manner as in the past can yield any productive result? 
I think we are quite successful in awakening government bodies like Nepal police, Nepal Army, National Human Right Commission and Office of Attorney General, and in raising the issues of the downtrodden and Dalits before the government and political leadership. With the support of media persons and rights activist, we were able to create an effective environment among different organizations to fight together against discrimination and for the rights of Dalits as well. At the same time, we were also able to review our limitations and the reasons behind suppression in spite of the strong legal bases against discrimination. So I claim that the campaign was productive. 

So what further steps is the society going to take in future?
Despite the strong legal basis, Dalit issues are not the government´s top priority. So we are now to change the modes of fighting against discrimination, focusing on campaigns for the health, education and economic rights of Dalits to make able and self-reliant. The society also engaged in serious self-retrospection within the movement and felt that organizations fighting for the Dalits need to democratized themselves along with ensuring transparency in their work. And we have also realized that several communities other than Damai, Kami, Sarki and Paswan have to be brought into the mainstream movement of the Dalits. Most importantly, we need to come up with a movement for development with social justice. 

What has been lacking in the leadership of the Dalits?
The Dalit movement is definitely influenced by the political parties. None of the political leaders representing Dalits were able to bring up Dalit issues in their parties in an effective manner and they also could not defy the whips issued by their respective parties. On the other hand the gap between Dalit leaders and the younger generation has not been narrowed because of the traditional approach to tackling the problems faced by Dalits. Neither were the leaders able to persuade the youngsters nor was the younger generation ready to be motivated. 

What about the role of government bodies established for the rights of the Dalit community? 
It is very sad to state that the government bodies - National Dalit Commission and Dalit Development committee - are comparatively weak and ineffective. We have to question their ability to do anything effective as per the aspirations of the Dalits. Although the organizations were meant to be strong constitutional bodies, they have been there just to recruit party cadres.

Has the society proposed anything different to the government bodies?
Definitely. We requested the government bodies to strictly implement the laws and rules. In order to protect the rights of the Dalits, we have requested the National Human Rights Commission to plan long-term. The paperwork on the plan is yet to be carried out but the society is hopeful about the commission.

साभार : Republica

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