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New Constitution of Nepal - Dalit Issues
By Subash BK, Toronto
June 13, 2009
Dalits (Untouchable cast in Nepal) in Hindu society are those clans who are designated to do physical labour by feudal rulers with help of Hindu theology to satisfy
certain necessity of feudal production relation. These people are the manufactures or tools and weapons, entertainers, cleaners, tailors,
shoe makers, and all other type of workers doing jobs needed to be done to run feudal society smoothly and to comfort the ruling class.
Nepal is predominantly Hindu society with approximately 80% Hindu population and semi-feudal, comprador capitalist and bureaucratic capitalist production relations. More than 13% (National census 2001) of total population is Dalit. Due to unavailability of established policy of classifying certain people as Dalits or non Dalits, some people believe that the population of Dalit can be estimated to be approximately 25% of total population. Although, constituent assembly election was designed to be inclusive, Dalits are only 8.1% in constituent assembly and there is only one Dalit minister in so-called inclusive government.
As it happens to every class based societies, these working class people are discriminated against, marginalized, and oppressed for centuries. When there are struggles for independent provinces of ethnic minorities and empowerment of indigenous people, this approximately a quarter of Nepali population has none or limited access to state apparatus and political procedures. If this trend continues, financially richest minorities like Newars and Gurungs who are confined in specific geography and regionally marginalized people like dwellers of Karnali region may get empowered through self governance, Dalits scattered all over the country due to nature of their profession will still remain subjugated by so-called upper class provincial rulers.
There is no way we can construct ‘New Nepal’ without empowerment of working class people and Dalits, who are most oppressed among working class also. To empower Dalits the new constitution must have following provisions.
1. Provisional Reservation and Special Support: Proportionate participation of Dalits in every level state should be guaranteed by the constitution with affirmative intervention and provisional reservation. As there are small enclaves of Dalits in every region and district of Nepal, these enclaves should be declared autonomous Dalits villages with special provisional provincial and federal financial support. Certain seats of parliament should be filled by Dalit only elections.
2. Discrimination Issues: Untouchability should be declared as crime against humanity with highest possible level of punishment system. Verbal abuses directed against Dalits based on their caste or/and occupation should also be declared as punishable by law. Constitution should direct appropriate body to make laws that guarantees appropriate punishment for discrimination against Dalits and appropriate method of compensation for victims of such discrimination.
3. Dalit participant in Political parties: Every political party, party must have at least equal percentage of Dalits in executive level of party to the percentage of Dalits in total population of Nepal or of the province in case of provincial or regional party. Parties unable to comply with this provision should be barred from contesting any election as a party.
4. General Reservation for Dalit: A provisional reservation policy should be adopted in educational institutions to give opportunity for Dalits to receive quality education and work places to ensure proportional participation of Dalits executive level of government, semi-government and private institutions.
5. Resources allotment provision: Traditional professions of Dalits should be modernized and industrialized to improve financial condition of Dalits. Special resources allotment provisions should be adopted to industrialize such professions with Dalit participation and ownership.
In constitution writing process, primary factor of the restructuring of state should be class and economic interests followed by nationalities and regional socio-economic peculiarities. Only this method of empowering marginalized castes and working class people can solve all prevailing problems in Nepal lead the country to prosperity. No Dalit wants to remain Dalit under so-called upper class and indigenous people’s provinces of different name and colour. Dalits want dignified life and equal access to means of productions and provisional reservation to develop their capacity to equivalent level of their so-called upper caste counterparts.
(Subash BK is residing in Toronto and actively involves in community works and well known as Dalit activist.)