As the percentage of Dalit representation in the present Constituent
Assembly (CA) declined in comparison to their numbers in the first CA,
the hopes of the Dalit community has somehow dimmed, with the
apprehension that the voice of the deprived community and other
disadvantaged groups would be least heard. The community is worried not
only for a less inclusive CA compared to the first one but also is
considerably depressed with the fear that the achievements made during
the first CA would perhaps not be preserved.
In the first CA elections held in 2008, seven candidates from the Dalit communities were elected from all of the 240 constituencies, with altogether 50 Dalit members. But the numbers of Dalit lawmaker in the second CA is only two from direct elections, and the number is down to 41, including through proportional representation.
“The decline in the number is really depressing, as the major political parties have downplayed the Dalit community by accommodating lesser number than what they had assured before the elections,” Dr Yam Bahadur Kisan, advocate and an expert on social inclusion says. So the political parties with the ‘ill intentions’ pose the major challenges for the Dalit community during the process of formulating the Constitution, according to Dr Kisan.
The political parties had claimed in public that they would ensure the representation of women, Dalits and other marginalized communities as per the ratio of their populations but it did not happen in reality, adding, he said, so it can be easily understood they are not in a state of materializing the original ideals of the CA.
“It has become almost certain that the representation and participation of Dalit communities in the forthcoming CA will be weaker in number and less effective,” said former lawmaker Binod Pahadi who represented the Dalit community in the previous CA. Stating that according to the last Census, the Dalits represent 13% of the total population of Nepal, Pahadi said that Dalits were underrepresented even in the past CA. “It is going to be even lesser this time round,” he added.
Dalit leaders and rights activists fear that the achievements in the previous CA will go in vain if joint efforts are not made to draw the attention of other related stakeholders and pressurize the CA in time.
In the picture above, Dalits from the Tarai region take out a protest demonstration in Kathmandu demanding end to caste-based discriminations in April 2009. The picture to the left shows Dalit women participating in a political function in Kathmandu in November 2009. Dalit women in Tarai are facing both caste and gender based discriminations. They now hope the new constitution will ensure their equal participation in all state structures.(Republica files)
“Even as the previous number of CA members were not proportionate to the Dalit population, the time has now come to focus on protecting the achievements gained from the first CA elections,” Pahadi, who is also the editor of Nepali Manch monthly, told Republica.
“In the first CA, we were able to pass the Caste-based Discrimination and Untouchability (Offence and Punishment) Act 2011, criminalizing caste-based discrimination along with other many provisions related to special privileges and compensation awarded to marginalized classes. But if we are less active, the agreed provisions to compensate the Dalits politically, economically and socially on the basis of positive discrimination may be jeopardized,” he said.
To address the Dalit issues in the new Constitution, the aspirations of the new generation should be considered in terms of their education and social, economic, psychological aspects. Rights activists and Dalit leaders have also urged amendments to some of the provisions incorporated by the first CA and focus on other rights related to the preamble or the definition of the state, citizenship, principles of equality, provisions of representation in local bodies, parliamentary committees, constitutional commissions, among others.
In a paper presented at a national conference in Kathmandu, Dr Kishan has highlighted the provisions on pro-Dalits federalism, Dalit-friendly electoral system, system of governance, restructuring of local bodies and formation of a statutory Dalit Commission. He argued, saying, “The provisions of proportional representation in central, provincial, local political bodies and other public service body should be made mandatory.”
Dalit rights activist and Chairman of Jagaran Media Center, Rem Bahadur BK, said it is equally important to think of incorporation of the principles of dignity and equality inherent in human beings.
“Unless Dalit lawmakers in the CA come under the same umbrella in the common issues of the Dalits, we suspect that the provisions will not be Dalit friendly. Hence, it is also a matter of the “divided’ Dalit civil society members to come up with one voice, despite that they are divided along the lines of the political parties they are aligned with,” BK said. Claiming that the existing pressure groups and civil society members from Dalit community to be ineffective, Kishan said, “It has become important to form a different pressure group, including some independent, experts, academicians and intellectuals, for forging influential pressures on the present CA.”
However, Nepali Congress lawmaker Jivan Pariyar expressed hopes from the second CA in terms of justifying the Dalit community. “It’s not justifiable to suspect the current CA, as it has already owned all the works done by the previous CA. So I’m sure that the new Constitution will be more progressive to justify the suppressed and depressed communities,” he said.
Provisions for Dalit community guaranteed by the First CA
1. No one shall be subject to any kinds of discrimination or untouchability in any places on the basis of their caste, race, community, profession and their physical condition.
2. Any incident related to the practice of untouchability and discrimination shall be a punitive offence as a serious social crime, and the victims of such crime shall have a right to demand due compensation.
3. Dalit community members shall have the right to employment on proportional basis in every government apparatus, including the Civil Service, Army and other security agencies. A special provision in the law shall be made with the aim of empowering the Dalit community to enhance their participation and representation in other areas of employment, including the public sector.
4. A provision shall be made to ensure free education for all Dalit students upto the higher level of education. A special provision shall be made for Dalit students in the field of technical and vocational education.
5. A separate legal provision shall be made to ensure health and social security for Dalits. The poorest among the poor in the Dalit communities shall be given priority while making this provision.
6. Dalits shall have a right to conserve, use and develop their traditional skills, knowledge, technology and professions. The state shall provide necessary means and resources to modernize the technology related with the traditional vocations of the Dalits.
7. The state shall provide land to landless Dalits.
8. The State shall provide houses to homeless Dalits.
9. Proportional representation of Dalits shall be ensured in unions and provincial and local structures of the state. A special provision shall be made ensuring extra 3 and 5% representation of Dalits in unions and provincial structures.
source: - KAMAL PARIYAR /myrepublica
In the first CA elections held in 2008, seven candidates from the Dalit communities were elected from all of the 240 constituencies, with altogether 50 Dalit members. But the numbers of Dalit lawmaker in the second CA is only two from direct elections, and the number is down to 41, including through proportional representation.
“The decline in the number is really depressing, as the major political parties have downplayed the Dalit community by accommodating lesser number than what they had assured before the elections,” Dr Yam Bahadur Kisan, advocate and an expert on social inclusion says. So the political parties with the ‘ill intentions’ pose the major challenges for the Dalit community during the process of formulating the Constitution, according to Dr Kisan.
The political parties had claimed in public that they would ensure the representation of women, Dalits and other marginalized communities as per the ratio of their populations but it did not happen in reality, adding, he said, so it can be easily understood they are not in a state of materializing the original ideals of the CA.
“It has become almost certain that the representation and participation of Dalit communities in the forthcoming CA will be weaker in number and less effective,” said former lawmaker Binod Pahadi who represented the Dalit community in the previous CA. Stating that according to the last Census, the Dalits represent 13% of the total population of Nepal, Pahadi said that Dalits were underrepresented even in the past CA. “It is going to be even lesser this time round,” he added.
Dalit leaders and rights activists fear that the achievements in the previous CA will go in vain if joint efforts are not made to draw the attention of other related stakeholders and pressurize the CA in time.
In the picture above, Dalits from the Tarai region take out a protest demonstration in Kathmandu demanding end to caste-based discriminations in April 2009. The picture to the left shows Dalit women participating in a political function in Kathmandu in November 2009. Dalit women in Tarai are facing both caste and gender based discriminations. They now hope the new constitution will ensure their equal participation in all state structures.(Republica files)
“Even as the previous number of CA members were not proportionate to the Dalit population, the time has now come to focus on protecting the achievements gained from the first CA elections,” Pahadi, who is also the editor of Nepali Manch monthly, told Republica.
“In the first CA, we were able to pass the Caste-based Discrimination and Untouchability (Offence and Punishment) Act 2011, criminalizing caste-based discrimination along with other many provisions related to special privileges and compensation awarded to marginalized classes. But if we are less active, the agreed provisions to compensate the Dalits politically, economically and socially on the basis of positive discrimination may be jeopardized,” he said.
To address the Dalit issues in the new Constitution, the aspirations of the new generation should be considered in terms of their education and social, economic, psychological aspects. Rights activists and Dalit leaders have also urged amendments to some of the provisions incorporated by the first CA and focus on other rights related to the preamble or the definition of the state, citizenship, principles of equality, provisions of representation in local bodies, parliamentary committees, constitutional commissions, among others.
In a paper presented at a national conference in Kathmandu, Dr Kishan has highlighted the provisions on pro-Dalits federalism, Dalit-friendly electoral system, system of governance, restructuring of local bodies and formation of a statutory Dalit Commission. He argued, saying, “The provisions of proportional representation in central, provincial, local political bodies and other public service body should be made mandatory.”
Dalit rights activist and Chairman of Jagaran Media Center, Rem Bahadur BK, said it is equally important to think of incorporation of the principles of dignity and equality inherent in human beings.
“Unless Dalit lawmakers in the CA come under the same umbrella in the common issues of the Dalits, we suspect that the provisions will not be Dalit friendly. Hence, it is also a matter of the “divided’ Dalit civil society members to come up with one voice, despite that they are divided along the lines of the political parties they are aligned with,” BK said. Claiming that the existing pressure groups and civil society members from Dalit community to be ineffective, Kishan said, “It has become important to form a different pressure group, including some independent, experts, academicians and intellectuals, for forging influential pressures on the present CA.”
However, Nepali Congress lawmaker Jivan Pariyar expressed hopes from the second CA in terms of justifying the Dalit community. “It’s not justifiable to suspect the current CA, as it has already owned all the works done by the previous CA. So I’m sure that the new Constitution will be more progressive to justify the suppressed and depressed communities,” he said.
Provisions for Dalit community guaranteed by the First CA
1. No one shall be subject to any kinds of discrimination or untouchability in any places on the basis of their caste, race, community, profession and their physical condition.
2. Any incident related to the practice of untouchability and discrimination shall be a punitive offence as a serious social crime, and the victims of such crime shall have a right to demand due compensation.
3. Dalit community members shall have the right to employment on proportional basis in every government apparatus, including the Civil Service, Army and other security agencies. A special provision in the law shall be made with the aim of empowering the Dalit community to enhance their participation and representation in other areas of employment, including the public sector.
4. A provision shall be made to ensure free education for all Dalit students upto the higher level of education. A special provision shall be made for Dalit students in the field of technical and vocational education.
5. A separate legal provision shall be made to ensure health and social security for Dalits. The poorest among the poor in the Dalit communities shall be given priority while making this provision.
6. Dalits shall have a right to conserve, use and develop their traditional skills, knowledge, technology and professions. The state shall provide necessary means and resources to modernize the technology related with the traditional vocations of the Dalits.
7. The state shall provide land to landless Dalits.
8. The State shall provide houses to homeless Dalits.
9. Proportional representation of Dalits shall be ensured in unions and provincial and local structures of the state. A special provision shall be made ensuring extra 3 and 5% representation of Dalits in unions and provincial structures.
source: - KAMAL PARIYAR /myrepublica
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