Still there Untouchability-DHAN BAHADUR MIJAR

“Any doctrine of racial differentiation or superiority is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination either in theory or in practice. Racial discrimination harms not only those who are its objects but also those who practice it” says the UN Declaration on the Elimination of All Forms of Racial Discrimination.

 Based on this declaration and the International Convention on the Elimination of All Forms of Racial Discrimination (I-CERD) 1965, Nepal has incorporated Rights against Untouchability and Caste-base Discrimination (CBD) as fundamental rights. These rights are enshrined in article 14 of

Interim Constitution 2007. The five sub-articles of this article ban all forms of discrimination and untouchability on the grounds of caste, descent, community or occupation. Likewise, article 13 has guaranteed the Right to Equality as a fundamental right, with special attention on Dalits, women, Adivasi, Janajati, Madhesis and farmers. Caste-based Discrimination and Untouchability [Crime and Punishment] Act 2068, based on article 14 of the Interim Constitution, was promulgated unanimously by the CA. But even after its promulgation, cases of discrimination against Dalits continue to be reported in the media. Mabire Sunar of Kalikot was beaten to death by people from so-called upper caste for touching their Chulo (hearth). Article 16 of The Universal Declaration of Human Rights-1948, has also guaranteed the right to marry a person of one’s choice with mutual understanding, but Sete Damai of Dailekh was killed for his son’s marriage with a so-called upper caste girl. These incidents challenged humanity and an individual’s right to life, liberty and pursuit of happiness.

Two cases of caste-based discrimination and untouchability took place in Nuwakot, just miles outside the capital, after the promulgation of the Act. The first involved this writer, who was discriminated for entering the hotel of one Fadindra Adhikari, known locally as ‘Kumar’ and drinking tea with a Brahmin. The Brahmin in question was a middle aged purohit (priest) and a local leader of a small leftist party.

Kumar began abusing the priest “A Brahmin should know his place. If this Brahmin mingles with such people, how can we employ him as a priest?” I understood that his abuse was intended for me. The priest was dragged in only because I, a person of so-called low caste, was there with him, drinking tea inside his hotel.
I asked the priest why Kumar was abusing him, pretending not to understand who it was for. “He means that you should sit outside,” replied the priest. Then I asked Kumar if he could explain. He took that as a sign to increase the tempo of his abuse. “I know what your father and grandfather used to do. Now you may be educated, but that doesn’t mean you are permitted inside my hotel. It may be okay in other hotels, but not mine,” he ranted.

With the help of an organization, I tried to register a FIR at the District Police Office of Nuwakot. But the then DSP and Inspector compelled me to reach an agreement with Kumar in return for Kumar paying for a small awareness raising program in Dhikure Bazaar.

The second incident happened recently in Khanigaun VDC of Nuwakot. Raju Bishwakarma (20) and Sangita Rai (19) wed on March 18, 2013 with mutual consent. They lived with a relative in Kathmandu. After a month, Sangita’s mother Harimaya fell sick and sent many messages asking the couple to visit her. Sangita and her husband went to visit her.

They passed two days in peace, because Sangita’s uncle was not in the village. But on the third day the locals, led by Sangita’s uncle, gathered in front of Harimaya’s house and threatened her for accepting her daughter who had married a ‘Kami’. They tried to physically assault her. She was compelled to promise that she would not let them enter her home or the village. Then the villagers abused the newlywed couple and drove them away with sticks and shoes.

Since I was known as a Dalit rights activist in the district, I was informed of this case by Tul Bahadur Bishwakarma, the uncle of Raju Bishwakarma. I drafted an FIR and submitted it to the DPO. But the Inspector tried to dissuade us from registering the case, stating that the couple was underage. Heated discussions ensued. Representatives from National Dalit Commission (NDC) and Oppressed, Suppressed and Dalit Class, Upliftment Development Committee (OSDCUDC) also visited the victims and studied the case. At last, with a local political leader as eyewitness, the case concluded with the perpetrators admitting their mistake. They paid Rs 50,000 rupees in compensation for harming the couple’s dignity and Rs 20,000 for the gold jewelry that Sangita lost in the melee.

As a part of the agreement, Khanigaun VDC of Nuwakot has been declared the first untouchability free VDC of Nuwakot. An Untouchability Free Declaration and Joint Meal program was organized in July 2013 in Khanigaun, with expenses borne by the perpetrators. The pending FIR was withdrawn by the victims the same day. Mohan Rai asked for forgiveness on behalf of all perpetrators and promised to encourage racial harmony and equality in every sphere of social life. Local political party leaders proved their commitment towards eliminating all forms of racial discrimination in the VDC.

Caste-based discrimination and untouchability are deeply rooted in Nepali society. Only after we closely examine these roots and actively work to uproot them can we have a harmonious, equity-based society.

The author is a Dalit right activist in Nuwakot and a program coordinator in Trisuli Plus, a HIV prevention focused organization

dhanabm.2051@gmail.com

source:-myrepublica