विचार

-Pradeep Pariyar Thapa Magar

t’s a terrible disappointment that still the people from upper caste cannot accept the water touched by lower caste in our community. Animals like dogs and cats can enter into the house without any obstacles, however, the lower caste people are strictly prohibited even to cross threshold of the main door. What are we doing even in this modern time of 21st century? I feel ashamed when I recall and talk on such inhuman activities because I am also one of the members of this society where caste discrimination and untouchability are still in practice. Now, such discrimination must go end, and even in our time and generation.
In Nepal, it has already been 53 years that caste discrimination and untouchability has been abolished by constitution but our society is still under such traditional beliefs, norms and values. Before 53 years, according to the National Code of Nepal (Muluki Ain) passed in 1962 and implemented since 10 August 1963, caste discrimination and untouchability have been defined as a punishable act. It is quoted, “If there is discrimination or exclusion or ban to anyone on the grounds of race, caste, religion, economic condition or work, there shall be imprisonment for 3 months to 3 years or shall be charged Nrs. 1,000 to 3,000 fine or the both shall be.
(The National Code of Nepal (Muluki Ain), 1962, No. 67, Part 19, Chapter 10, A) 
But, it is better to recite it here as lawlessness has become a fundamental feature in bureaucracy in Nepal. The proverb “Nepalko Kanun Bhagvanle Janun” (“Only the God knows Nepalese Law”) didn’t come into existence without any reason. Our Nepalese law asides one side, implementation is too weak or even there would be no implementation. The constitution seems no more than just a bundle of papers. To prove this, in the past days, lower caste people were charged or even faced death just for touching water or fire of so-called higher caste people.

Caste Discrimination and
Legal Provision of Untouchability
To modify Nepali society in terms of Hindu caste system and run according to Hindi philosophy, officially, discrimination and untouchability on the grounds of castes came to existence during Rana regime. Even we can find the history that the king Jayasthiti Malla divided our Nepalese society into 4 castes and 36 groups during 14th century, and in 17th century, Ram Shah, the king of Gorkha ruled standing on Hindu caste system. Before 163 years, the PM Jang Bahadur Rana applied first “The National Code of Nepal”, 1853 (Muluki Ain) to systematize Nepalese society and he divided people into different categories: Namasinya Matawali, Masinya Matawali, Tagadhari (wearers of holy thread) and untouchable and further there were some fine and punishments for them.  
According to the National Code of Nepal, 1853 (Muluki Ain) at that time, Nepalese society, castes and creeds were grouped as follows:
1.    Namasinya Matawali: (Non-enslavable, Alcohol Drinkers): Sunuwar, Rai, Limbu, Magar, Gurung, Newar, etc.
2.    Masinya Matawali: ( Enslavable, Alcohol Drinkers) : Tamang, Chepang, Kumal, Sherpa, Hayu, Tharu, Gharti, etc.
3.    "Tagadhari" (Wearers of the Holy Thread):     Khas Brahmin, Thakuri, Chhetri Tarai Brahmin and Rajput Newar Brahmin Other Hindu superior castes
4.    "Pani Na Chalne" (Impure but touchable): From Newar: Jogi, Kasai, Khadgi, Muslim and European 
5.    "Impure and untouchable:     From Hilly Region: Kami, Sarki, Damai, Badi, Gaine, etc.
From Terai Region: Dhobi, Halkhor, Chamar, Dashad, Dom, Mushhar, etc.
From Newar: Kulu, Pode, Chyame
Source: World Heritage Encyclopedia: Caste System in Nepal

This is our bitter reality in our society in the past. Untouchability in terms of castes, initiated and promoted from the governments in the past has now been spread out everywhere in our Nepalese society. As caste discrimination was legalized legally in the society, then how can we have equality in our society. 

Constitution Against Caste Discrimination:
We had an obligation that we waited till 1951 to be free from Rana autocratic feudal system. To avoid caste discrimination, the Interim Constitution of Nepal Act, 1951 has stated, “There shall be no discrimination of general laws on the grounds of religion, caste, race, sex, origin, or any other such grounds”.   However, it took next 16 years to charge fine and punishments legally to those who got involved in such caste discrimination and untouchability. Caste discrimination and untouchability came under legal provision only after release of the Second National Code of Nepal (Muluki Ain) in 1962.  
 The constitutions after 1950, ‘Interim Constitution of Nepal Act’ (1951), ‘Constitution of the Kingdom of Nepal’ (1958), ‘Constitution of the Kingdom of Nepal’ (1990), ‘Interim Constitution of Nepal’ (2006), and ‘Constitution of Nepal’ (2015), all have restricted caste discrimination and untouchability. The aforementioned constitutions have restricted caste discrimination and untouchability and the ‘Constitution of Nepal’ (2015), is one step ahead stating on its preamble against any discriminations, “We also express our determination to create an egalitarian society on the basis of the principles of proportional inclusion and participation, to ensure equitable economy, prosperity and social justice”. 
(Source: Preamble,
Constitution of Nepal, 2015)

Campaign Against Caste Discrimination:
The Government of Nepal has been working against caste discrimination and untouchability since 1951 and even in an international level. All the rights for the elimination of all sorts of racial discrimination proposed by UNO in international convention in 1965, Nepal has already signed in 1971. However, it not possible to uproot all caste and cultural discrimination just making provision of laws and order as they are rooted in the society since a long time. Therefore, the Government should step ahead with planned strategies for the overall development of dominated Dalit community.
Though it has been marked that caste discrimination and untouchability are punishable at Government level, yet the Dalits are obliged to have difficult life as in the past. This reality proves that only restricting caste discrimination and untouchability from the rule of law cannot go end. This rooted inhuman behavior in the society cannot be abolished unless we conscious and educated people start different campaigns and programmes and even the society. There is a proverb, ‘Heaven itself does not appear to survivors’. If we could make our society like the heaven, then we don’t have to die just for having a glance of the heaven. When there is no caste discrimination and untouchability in the society with so many castes and ethnic groups, then it becomes a piece of paradise.

Guest Editor, Pradeep Pariyar Thapa, is the chief editor of ‘US-Nepal Online.com’ and founder of ‘Endcaste.com’.