Study of Reservation for Dalits in Nepal

Submitted to:
Social Inclusion Research Fund (SIRF)/SNV Nepal
Bakhundole, Lalitpur

Submitted by:

Shyam Kumar Purkoti

Govinda Pariyar
Kiran Bhandari
Gita Sob

15 Dec, 2009

ACKNOWLEDGEMENT

This report on 'Study of Reservation for Dalit in Nepal' has been made possible by efforts of
various individuals, some governmental and non-governmental organizations. First of all I would
like to acknowledge the financial and intellectual assistance we received from the Norwegian
Embassy Nepal and SNV Nepal (Netherlands Development Organization).

The study team acknowledges the helpful suggestions received from SIRF Interim Screening
Committee members and Social Science Baha. I would like to especially thank Dr. Rajendra
Pradhan and Hari Sharma for their insightful comments and suggestions.

I am Particulary grateful to the Social Inclusion Research Fund(SIRF) Secretariat and

Research associate Ms. Sita Rana, ex-coordinator Dr Keshab Man Shakya and other staffs for
providing continuous support to us during the study and preparation of this report.

I am also thankful to Dr. Krishna Bahadur Bhattchan, a noted sociologist, for his
encouragement and academic support. I express my deepest thanks and gratitude to the scholars
who undertook the meticulous work to our team member Senior Research Associate Mr. Govinda
Pariyar, Research Associates Mr. Kiran Bhandari and Ms.Gita Sob for their hard work that
made this report possible.

I hope this report will serve as a valuable resource/reference for Nepal Government, Non
government organizations, Bilateral and Multilateral agencies working for Dalit empowerment and
social justice, students and academia in the crucial period of constitution making.

Shyam Kumar Purkoti

Team Leader
Reservation for Dalit in Nepal
15 Dec. 2009

Acronomy:
A.D.
Anno Dimini (Christian Calendar)
B.S.
Bikram Sambat (Hindu Calendar)
CA
Constituent Assembly
CPN (Maoist)Communist Party of Nepal (Maoist)
CPN (UML) Communist Party of Nepal (Unified Marxist-Leninist)
CPN (UCM) Communist Party of Nepal (Unity Center Masal)
CAMEA
Constituent Assembly Member Election Act
DFID
Department for International Development
DDC
District Development Committee
DNF
Dalit NGO Federation
FGD
Focused Group Discussion
FECOFUN
Federation of Community Forest Users, Nepal
FNJ
Federation of Nepalese Journalist
IILS
International Institute of Labour Studies
IIDS
Indian institute of dalit studies
IDSN
International dalit solidarity network
IMADAR
International Movement against All Forms of Discrimination and Racism
LSGA
Local Self-Governance Act
MJAF
Madhesi Jana Adhikar Forum
NDC
National Dalit Commission
NFIWUAN
National Federation of Irrigation Water Users Association Nepal
NEFIN
Nepal Federation Of Indigenous Nationalities
NGO
Non-Governmental Organization
NC
Nepali Congress
NSU
Nepal Sanskrit University
NBA
Nepal Bar Association
PuU
Purbanchal University
PU
Pokhara University
RPP
Rastriya Prajatantra Party
SEU
Social Exclusion Unit/TU
TMLP
Terai Madhes Loktantrik Party
TU
Tribhuvan University
UNDP
United Nations Development Program
VC
Vice Chancellor
VDC
Village Development Committee

Table of content
Chapter 1............................................................................................................................................ 5
Introduction.......................................................................................................................................... 5
1.1 Background .................................................................................................................................... 5
1.2 Definition, Identification and Recognition of Dalit:.............................................................. 6
1.3 Diverseity among Dalit Population:....................................................................................... 7
1.4 Statement of Problem............................................................................................................. 9
1.5 Research Question ................................................................................................................. 9
1.6 Objectives of the Study.......................................................................................................... 9
CHAPTER 2 ...................................................................................................................................... 10
Review of Literatures......................................................................................................................... 10
2. 1 Social exclusion and inclusion: origin of concept .............................................................. 10
2. 2 Definition of social exclusion ............................................................................................. 10
2 .3 Social inclusion................................................................................................................... 10
2.4 Historical background of Dalits' social exclusion................................................................ 11
2.4.1 From untouchables to Dalits ............................................................................................. 11
2.4. 2 Dalits exclusion in ancient Hindu society........................................................................ 11
2.4.3 Dalits and untouchability practices in Nepal .................................................................... 11
2.4.4 Dalits exclusion in present Nepalese society .................................................................... 13
2.4.5 Dalits and social inclusion in Nepal.................................................................................. 14
2.4.6 Key provisions, policies and laws of reservation for Dalits ............................................. 14
2.4.7 Reservation/Affirmative Policies and Reality in Nepal.................................................... 15
2.4.8 Beginnings of reservation/affirmative action policy in Nepal.......................................... 17
2.4.9 Debates against reservation policy: .................................................................................. 18
2.5.1 Reservation / progressive reservation and reservation rights: .......................................... 18
2.5. 2 'Word' difference in reservation....................................................................................... 19
2.5.3 Policy gaps for reservation................................................................................................ 19
2.5. 4 Some Policies and Provisions: ......................................................................................... 20
2.5. 5 Constitutional Provisions:................................................................................................ 20
2.5.7 Legislation and Policies: ................................................................................................... 21
2.5. 8 Nature of Caste-based Untouchability and Discrimination ............................................. 23
2.5.9 Socio-cultural and Religious Sites:................................................................................... 23
2.6.1 Public Property and Economic Activities:........................................................................ 23
2.6.2 Discrimination at Community Sites:................................................................................. 24
2.6.3. Policy and Institutional Initiatives by National and International Actors: ...................... 24
2.6.4 Initiatives of the State: ...................................................................................................... 24
2.6.4 Nepal Excluded, Oppressed and Dalit Class Development Committee: .......................... 25
2.6.5 National Dalit Commission: ............................................................................................. 25
2.6.6 Initiatives of International Donors:................................................................................... 26
2.6.7 Initiatives of Dalits Organizations:.................................................................................. 26
2.6.8 Economic and Social Status of Dalits vis--vis Other Castes:.......................................... 26
2.6.9 Socio-Economic Conditions and Discrimination against the Dalits:................................ 26
2.7.1 Discourses on Reservation/Affirmative Action ................................................................ 29
2.7. 2 Arguments for Affirmative Action /Reservation Policies .............................................. 31
2.7.3 Arguments against Reservation/Affirmative Action Policies........................................... 32
2.7.4 Reservations/ Affirmative Action Policies and Practices in global arena ........................ 33
2.7. 5 Indian Reservation : An Experiences and discourse........................................................ 33
3

2.7.6 History of the practice....................................................................................................... 34

2.7.7 Types of Reservation ........................................................................................................ 35
2.7.8 State of domiciles.............................................................................................................. 36
2.7.9 Undergraduate colleges..................................................................................................... 36
2.8.1 Reservation for Women .................................................................................................... 36
2.8.2 Other criteria ..................................................................................................................... 36
2.8.3 Relaxations........................................................................................................................ 37
2.8 .4 Arguments........................................................................................................................ 37
2.8.5 Arguments offered by supporters of reservation .............................................................. 37
2.8.6 Arguments offered by anti-reservationists........................................................................ 38
2.8.7 Other notable suggestions ................................................................................................. 39
2.8.8 South Africa's Experence................................................................................................. 41
2.8.9 Malaysia's experience ....................................................................................................... 41
2.9.1 Brazilan experience........................................................................................................... 42
2.9.2 Japanies experience........................................................................................................... 42
2.9.3 New Zealand ..................................................................................................................... 42
2.9.4 Poland's ............................................................................................................................. 42
2.9.5 United State of America.................................................................................................... 42
CHAPTER 3 ................................................................................................................................... 44
METHODOLOGIES ......................................................................................................................... 44
3. 1 Theoretical Framework....................................................................................................... 44
3.2 Dalit Caste Groups............................................................................................................... 45
3.2 Data Collection and Processing ........................................................................................... 47
CHAPTER - 4 .................................................................................................................................... 48
4. DATA ANALYSES....................................................................................................................... 48
4.1 Dalits Population ................................................................................................................ 52
4.2 Caste and Ethnic Composition in the Political arena: ......................................................... 56
4.3 Rights and Local Governance:............................................................................................. 61
4.5 Discrimination in Education: ............................................................................................... 62
4.6 Dropouts:.............................................................................................................................. 63
CHAPTER- 5 ..................................................................................................................................... 66
RECOMMENDATION AND CONCLUSION................................................................................. 66
5. Recommendations.......................................................................................................................... 66
5.1 Reservation policies in various sectors ......................................................................... 66
5.3 Especially addressed to the State: ........................................................................................ 67
5.2 Reservation an Analysis and Discussion ............................................................................. 68
5.3 Conclusion ......................................................................................................................... 70
Reference: .......................................................................................................................................... 73
Annexes.............................................................................................................................................. 77

Chapter 1
Introduction
1.1 Background
Caste discrimination came to Nepal in the 14th century and was enshrined in the Civil
Code of 1854, where "untouchable castes" were listed together with the ritual practices
proscribed to undertake in case of inadvertent contact. However, more recent
legislation has prohibited practices of untouchability and provides sanctions against
those who practice caste discrimination. The caste system was officially abolished by an
amendment to the Civil Code in 1963. The Constitution of 1990 addresses castism and
untouchability by making their practice an offence punishable by law. Along with these
legal moves toward the elimination of untouchability, at international meetings, GON
has expressed a strong commitment to the cause of the Dalits. At the World Conference
against Racism, GON took a bold and controversial step by acknowledging that casteism
was a form of racism, stating that: Unfortunate acts of injustice based on gender, caste
division and the practice of untouchability, exploitation of a large section of the Dalits
who continue to be victims of ethnic, religious, social and economic injusticesstand as
major challenges in our efforts of creating an inclusive society in which all our people
enjoy greater dignity and rights (Malla & Bishwakarma, 2002: 12). These legal
provisions and official statements offer evidence that the state is willing to declare itself
open to more Dalit inclusion. While these are important steps toward creating an
atmosphere for Dalit inclusion, it remains that there is a large gap between the
sentiments in these statements and the actual practice of inclusion.
Nepals multiparty democracy in the early nineties, Dalit communities experienced new
hope and aspirations about their fundamental rights. At that time, some important
amendments and constitutional provisions were put together an end to practices of
untouchability. For centuries Dalits have suffered social exclusion and domination of socal non-Dalits. But, the good intentions of these moves remained just intentions due to
the apathy of the system and to poor implementation. Although, some research studies
have been done on Dalits issues, more in-depth research in the reservation for Dalit must
be done at this crucial time to transformation of socio-economic and other areas.
Caste system began to emerge during the Licchavi period (200-879 AD) when the
Licchavis and the Khas migrated to Nepal. Later, Jayasthiti Malla (1360-1395 AD) reorganized the Newari society in Kathmandu on the basis of the Manusmriti writings and
firmly planted the roots of caste division and untouchability in Nepal. Prithvi Naryan
Shah (1721-1774 AD), extended the caste-untouchability system all over his empire.
After Jang Bahadur Rana came to power, the first set of codified legal documents

pertaining to the nation state of Nepal was issued. This Muluki Ain1 of 1854 A.D. dealt
with issues related to the four varna divisions, to inter-caste marriages, to rules
governing food, to the decisions of the king that were promulgated at regular intervals,
and to deeds, grants, warrants, and injunctions described in the Manusmriti (Yakha Rai,
1996). The Muluki Ain of 1854 A.D. was amended and a New Muluki Ain of 1963 A.D. was
issued, which dismissed past provisions for caste discrimination and untouchability
without making the practice punishable by law.
The 1990 A.D. Constitution made casteism and untouchability an offence punishable by
law. The House of Representatives reinstated by the popular movement of 2006
proclaimed Nepal as a nation free from untouchability on 4 June 2006. Article 14 of the
Interim Constitution of Nepal 2007 A.D., has provided the right against untouchability
and racial discrimination.
Some activists consider that the caste system is a form of racial discrimination. The
participants of the United Nations Conference Against Racism in Durban, South Africa in
March 2001, condemned discrimination due to the caste system, and tried to pass a
resolution declaring that caste as a basis for the segregation and oppression of peoples
in terms of their descent and occupation is a form of apartheid. However, no formal
resolution was passed to that effect.
1.2 Definition, Identification and Recognition of Dalit:
The word Dalit is widely used both at national and international level. However, Nepal
Government, international aid agencies and academics use many terms to refer to
Dalits. Some terms, such as xzpaninachalne (water polluting), acchoot (untouchables),
doom, pariganit, and tallo jat (low caste) are derogatory, while other terms, such as
uppechhit (ignored), utpidit (oppressed), sosit (exploited), pacchadi pareka (lagging
behind), bipanna (downtrodden), garib (poor), nimukha (helpless), simantakrit
(marginalised), subidhabata banchit (disadvantaged), alpasankhyak (minorities),
banchitikaranma pareka (excluded), harijan (gods people) are non-derogatory. After
initial hesitation and controversy among Dalits and non-Dalits alike, use of the term Dalit
gained wider acceptance. Leaders of Dalit movement emphasise that no one should
object to the use of the term Dalit as it represents a condition that is characterised by
caste-based discrimination, including untouchability The term Dalit represents struggle
for equity and equality.
It is unanimously agreed that the term Dalit must be used as long as caste based
discrimination including untouchability continues to exist in Nepal. A DFID and the World
Bank report aptly notes, A lingering hesitation to use the term Dalit or to name castebased discrimination head-on and a preference for euphemisms only serves to confuse
1

This first published Muluki Ain or National Civil Code was a thick volume containing all of the promulgated laws.
These included laws that had been promulgated by process of the Royal Seal and laws that were added later. As laws
were contended, the Muluki Ain was amended. Significant revisions were made and the Muluki Ain was released again
in 1963. This Muluki Ain was referred to as the New Muluki Ain for many years but has subsequently come into
common parlance as simply the Muluki Ain. After multi-party democracy was established in 1990 and popular
movement 2006, there were a number of re-printings of the New Muluki Ain which reflected amendments and changes
to the code.

issues pertaining to Dalit rights. The term Dalit need to be accepted universally (World
Bank and DFID, 2006). After nationwide consultation, the National Dalit Commission
(NDC) defined Dalit community and caste-based untouchability in its Proposed Bill, 2003.
NDC defines Dalit
community, social, economical, educational, political and religious spheres and
deprived from human dignity and social justice due to caste based discrimination and
untouchability. According to NDC, caste-based untouchability refers to the
discrimination practised toward the communities whose touch is believed to polute and
needs to be purified to the extent of sprinkiling water; or any form of discrimination
against any community that was identified as untouchable before the promulgation of
the New Civil Code, 1963. NDC has tentatively identified 22 Dalit castes 5 from the
Hills and 17 from the Terai. Although 10 castes, including Badi and Musahar, have single
caste-name, 12 castes including Gandarva and Chamar have multiple caste-names. Some
Dait castes such as Viswakarma Pariyar and Sarki of the Hills and Chamar of the Terai
have multiple names while some Dalit castes such as Musahar and Bantar of the Terai
have single names; eg, Viswakarma has now become a common caste name that refers
to Kami or Lohar or Sunar or Wod or Chunara or Parki or Tamata2. It seems without clear
Constitutional and Legal recognition of definition and identification of Dalits, would be
difficult to ensure democracy and development, or rights and services to Dalits in the
effectively.
Diagram 1: List of 22 Dalit caste in Nepal
(A) Hill Origin: Gandarva (Gaine), Pariyar (Damai,
Darji, Suchikar, agarchi, Dholi, Hoodke), Badi,
Viswakarma (Kami, Lohar, Sunar, Wod, Chunara,
Parki, Tamata), and Sarki (Mijar, Charmakar,
Bhool).
(B) Madhesi Origin: Kalar, Kakaihiya, Kori, Khatik,
Khatbe (Mandal, Khanka), Chamar (Ram, Mochee,
Harijan, Rabidas), Chidimar, Dom
(Marik), Tatma (Tanti, Das), Dusadh (Paswan,
Hajara), Dhobi (Hindu
Rajak), Pattharkatta, Pasi, Bantar, Mushar, Mestar
(Halkhor), and
Sarvanga (Sarbaraiya).
1.3 Diverseity among Dalit Population:
Dalits comprise of a diversified social groups in terms of intensity of practices of castebased discrimination against them including untouchability and discrimination such as
regional, linguistic, religious, cultural, gender and classbased discrimination.The Dalits
comprise of two distinct regional groups: the Hill Dalits and the Madhesi Dalits. The
2

Caste-based Discrimination in Nepal

Krishna B. Bhattachan, Tej B. Sunar and Yasso Kanti Bhattachan(Gauchan) Indian Institute of Dalit Studies Volume III, Number 08

lowest number of family names is of Batar and highest numbers are of Pariyar,
Viswakarma and Sarki. Many family names of Dalits are identical with that of BahunChhetris and some are identical with Vaisya and some are indigenous peoples. In some
regions, districts or villages, non-Dalits do not practice caste-based untouchability
against Dalits.
For example, caste-based untocuhability is non-existent in communities of the mountain
region, where they are mostly untouched by the National legal codes and/or the process
of Hinduisation and Sanskritisation. In communities affected by caste-based
discrimination, including untouchability some non- Dalit communities such as
Sattar/Santhal, Jhangad/Dhangad are treated as untouchables in the Terai region.
The census data does not cover the over-all factual population data of the Dalits
because many Dalits tend to hide their identity due to fear of backlash from high caste
people, confusion of caste identification due to identical family names, lack of
awareness among Dalits about their caste identity, lack of representation of Dalits in
technical committees, trainers, supervisors and enumerators in the Central Bureau of
Statistics responsible for conducting Census. Some local surveys carried out by Dalit
organisations and NGO Federation and NNDSWO, in some selected villages revealed the
under-valued representation in the census data of Dalit population less than what they
found in their survey.
Table 1: Population of caste/Ethnicity by sex
S.N Caste/ethnicity
Male
A
Population of Nepal
11,359,378
a
Dominant Hill caste
3,464,273
b
Indigenous Nationalities
4,090,839
c
Madhesi "high caste"
1,475,884
d
Muslim
504,325
e
Other
134,767
f
Unidentified/ethnic
116,569
g
Dalit
1,356,634
Hill Dalit
1
Kami
432,937
1.1 Sonar
72,331
1.2 Lohar
42,270
2
Damai/Dholi
188,329
3
Sarki
153,681
4
Gaine
2,857
5
Badi
2,152
Sub-Total
894,557
Madhesi Dalit
6
Chamar/Harijan/Ram
138,878
7
Musahar
88,041
8
Dusadh/Paswan/Pasi*
82,173
9
Tatma
39,606
10
Khatbe
38,643

Female
11,377,556
3,558,947
4,181,136
1,326,303
471,624
130,954
115,072
1,393,493

Total
22,736,934
7,023,220
8,271,975
2,802,187
975,949
265,721
231,541
2,751,975

%
100
30.89
36.31
12.30
4.29
1.16
1.02
14.99

463,017
72,757
40,367
201,976
165,308
3,030
2,290
948,754

895,954
145,088
82,637
390,305
318,989
5,887
4,442
1,843,302

3.94
064
0.36
1.72
1.40
0.03
0.02
7.11

130,783
84,393
76,352
36,906
36,329

269,661
172,434
158,525
76,512
74,972

1.19
0.76
0.70
0.34
0.33
8

11
12
13
14
15
16
17
18
19
20
21
22

Dhobi
Bantar
Chidimar
Dom
Mestor/Halkhor
Kuswadiya/Patharkatta???
Kakahiya
Kalar?
Khatik
Kori
Pasi*
Sarvanga/Sarbariya
Sub-Total
Unidentified/ethnic

38,350
17,139
6,516
4,631
1,848
286
N/A
N/A
N/A
N/A
N/A
N/A
377,014
85,063

35,063
17,700
5,780
4,300
1,773
266
N/A
N/A
N/A
N/A
N/A
N/A
356,410
88,338

73,413
35,839
12,296
8,931
3,621
552
N/A
N/A
N/A
N/A
N/A
N/A
735,272
173,401

0.32
0.16
0.05
0.04
0.02
0.00
N/A
N/A
N/A
N/A
N/A
N/A
3024
0.76

Source: Census of 2001, Table 16: Population by caste/ethnic group and sex (HMG-N 2002:72-3).
(Note: The Census data does not provide separate population data of pasi, insted it mix up with Dusadh
and paswan but the National Dalit Commission has identified it as a separate Dalit caste. Kuswadia is
listed as one of 59 indiegnious nationalities of Nepal by the Nepal Government. Kalar, Sarvanga and
Sarbariya is the same Dalit caste.)

The populations of Viswakarmas, espcecially the Kamis, Damais/Dholis and Sarkis are
distributed in all 75 districts of Nepal. Among the Madhesi Dalits, unlike other Madhesis
Dalit castes, Dhobis are the only ones whose population is distributed in 64 districts.
Bantars, Mestars/Halkhors and Chidimars, the least among all Dalit castes are
distributed in 24, 25 and 28 districts respectively.
1.4 Statement of Problem
Widespread practices of untouchability towards Dalits, political and social exclusion,
lack of access and opportunity in decision making and implementing levels in state and
non-state sectors are main problems of this study.
1.5 Research Question
1. What is the existing policy and practices of reservation in Nepal towards Dalits?
2. Why reservation for Dalits and which concept, policy, process and practices of
reservation only applicable in Nepal ?
3. What is the concept of reservation, its origin, policies and implementing practices
in global arena, especially in India?
1.6 Objectives of the Study

To review existing policies and practices of reservation/affirmative action/especial

provision in Nepal with attention to Dalit perspectives.

To frame a model of reservation and suggest strategies, plans, process and activities
to state and non-state sectors for reservation towards Dalits in Nepal.
9

CHAPTER 2
Review of Literatures
2. 1 Social exclusion and inclusion: origin of concept
Exclusion became a subject of debate in France during the 1960s. Politicians, activists,
officials, journalists and academics made vague and ideological reference to the poor as
les exclus. However, the exclusion discourse did not become widespread until the
economic crisis (Silver, 1994). The "term" and concept of "Social Exclusion" originated in
France (Europe) in early 1970s, to describe various categories of excluded people
comprising 10% of the French population: the mentally and physically handicapped,
suicidal people, aged invalids, abused children, drug addicts, delinquents, single
parents, multi-problem households, marginal, asocial persons, and other "social misfits"
(Pradhan, 2006, June) in response to the crises of the welfare state and the fear of
social disintegration caused by social and economic crisis. The concept of social
exclusion has emerged relatively recently in discussions about poverty, inequality and
justice in the contest of social and economic changes in the north (Kabeer, 2000).
2. 2 Definition of social exclusion
Social exclusion is a multidimensional process of progressive social rupture, detaching
groups and individuals from social relations and institutions and preventing them from
full participation in the normal, normatively prescribed activities of the society in which
they live (Silver, 1994).
One definition is, "the processes through which individuals or groups are wholly or
partially excluded from full participation in the society in which they live" (European
Foundation 1995:4; cited in de Haan and Maxwell 1998:2). Social exclusion is usually tied
to the problem of equal opportunity, as some people are more subject to such exclusion
than others. Marginalization of certain groups is a problem even in many economically
more developed countries.
Social exclusion and racial/caste based discrimination have been part of the human
history. Stratification of human beings on the basis of colour, caste, class, creed, region,
religion, occupation and language has been a historical phenomenon...In the course of
human development; social exclusion has taken the form of segregating a group of
people from the social, political, economic and cultural domains of social life. (Louis,
2001).
2 .3 Social inclusion
The term "Social Inclusion" and "Social Exclusion" are two sides of a coin (Jackson 1999;
Kabeer). The general understanding of exclusion is 'bad' and inclusion is 'desirable' and
we need to find ways to include the excluded (Loury, 1999; Jackson, 1999). According to
one definition, social exclusion is defined as the opposite of social integration, mirroring
10

the perceived importance of being part of society, of being 'included' [European

Foundation, (1995; 4) cited in de Haan n.d.:26]. Another argument is that,The language
of inclusion and exclusion implies a binary logic, that one is either included or
excluded... [However] people are included or excluded in relation to some variable. The
question of inclusion, therefore, is best conceptualized as a sort of sliding scale rather
than as a binary function, so that inclusion and exclusion are the extreme poles of a
continuum of relations of inclusion and exclusion (O'Reilly, 2006)."
Similarly, Jackson argues that there can be simultaneous exclusion and inclusion, that is
individuals and groups can be excluded in one domain and included in another; for
example, "social relations of kinship and marriage include whilst they exclude and
affirm, as they deny membership rights" (Jackson, 1999). The social exclusion and
inclusion literature often does not spell out the conditions or terms of inclusion or
participation in social life, assuming that all forms of inclusion is good (Kabeer n.d.,
Jackson 1999; Sen 2000).
2.4 Historical background of Dalits' social exclusion
2.4.1 From untouchables to Dalits
The term 'Dalit' is considered as an identity, unity and power of a group of people in
contemporary world. But in initial phase the group called fifth varna, adwij,
antyajyajya, and Ashprishya, ati-Sudras, in ancient Hindu society. The group started
identified as achhut and harijan in period of Gandhian, Periyar and Ambedkar (Dirks,
2004). Later, early seventeen, the followers of Ambedkar started identified themselves
as Dalits.
2.4. 2 Dalits exclusion in ancient Hindu society
There is long history of Dalits exclusion in the Hindu society and scriptures. In ancient
times, food was given to Shudras by higher castes. Leftover food was to be kept for
Shudra servants.3 Manu ordered that Shudras live in places removed from the
settlements of the upper castes. The Shudras must only use household goods made of
clay...wear only jewelry made from iron. He also restricted Shudra wealth attainment,
saying that Women, sons and Shudras do not have authority over money. Their money is
of those to whom they belong. He stressed that Shudras were to serve the Brahmins,
Kshatriyas and Vaishyas, and that this was pre-ordained. Shudras had to do the hardest,
the dirtiest, and the most demeaning types of works, like toilet cleaning, skinning
animals, or disposing of corpses (Korovkin, 1985).4
2.4.3 Dalits and untouchability practices in Nepal
In the Muluki Ain of 1854 A.D., Nepalese were divided into five groups: Brahmins
(tagadhari); Khas; Matwali; touchable Shudra (pani chalne), and untouchable Shudra

3
4

Gautam Dharma Sutra (Part 2).

Kautilya Artha Shasta (2/4/23).

11

(pani nachalne), (Koirala, 1996).5 The Shudras were further divided into two major
categories. Among the one of the categories of Shudra were categorized Rai, Limbu,
Gurung, Magar, Lepcha, Bhote, Sherpa, Thakali, Raute, Tharu, Dhimal, and Koche
peoples. Among the other category of Shudras were people in the Kami, Damai, Sarki,
Pode, Chame, Kasai, Gaine, Badi, and Musahar castes (Achrya, 1983). These Shudras
were further divided into two categories those whose touch would always require
others to purify themselves (Sarki, Kami, Sunar, Chunara, Hurke, Damai, Gaine, Badi,
Pode, and Chyame) and those who were considered untouchable but whose touch did
not require purification on the part of others (Muslims, Teli, Kasai, Kusule, Kulu,
Mleccha, and Chundara)(Yakha Rai, 1996).
The Constitution of Nepal 1962 A.D. declared Nepal a Hindu country6 and once again,
Nepal was ruled according to laws dictated by Manusmriti, Jayasthiti Malla, Ram Shah
and Jang Bahadur Rana. Later on, Muluki Ain of 1854 A.D.was amended and a New
Muluki Ain of 1963 A.D. was issued. Although the Muluki Ain of 1963 put an end to
practices whereby purification was required, it did not put an end to caste
discrimination. In reality, there was no protection of the right to equality for
untouchables in the New Muluki Ain (Sangroula, 1996). There were no provisions for
punishment, so it proved to be ineffective.
The 1990 Constitution made casteism and untouchability an offence punishable by law.
It stated that No person shall be discriminated against on the basis of caste. No
persons presence shall be prohibited in public places and no person shall be prevented
from using public property. Violation of such laws will be punishable.7 For the first
time, it was publicly declared that caste discrimination and untouchability were
punishable, criminal acts. On this basis, an amendment was made to the Muluki Ain,
which was published in 1992 under Chapter 19, Article 10(A). It said that, If anyone
practices untouchability toward another, or if anyone prohibits anothers presence in
public places, or if anyone prevents anothers use of public property, then such a person
will be imprisoned for one year, fined Rs. 3000 or made to suffer both.8
However, in the explanation of this clause it is said that, But in temples and religious
places, practices that have been traditionally engaged in will not be considered
discriminatory practices.9 This provision attempted to undermine the spirit of the
original. Also, Article 21 of the Interim Constitution of Nepal 2007 A.D., has provided the
right to inclusion for Dalits. While these are important steps toward creating an
atmosphere for Dalits inclusion, it remains that there is a large gap between the
sentiments in these statements and the actual practice of inclusion
After overview the historical and Hindu scriptures it seems that Dalits have been
continuously excluded by the Hindu State and by the State power. So the issue of Dalit

A direct translation of pani chalne, is water circulates, but the prevailing meaning refers to whether or not the
water that one handles is consumable by others.
6
HMG/N Const. of 1962, Art. 3.
7
HMG/N Const. of 1990 Art. 11(4).
8
Muluki Ain, Ch. 19, Art. 10(A).
9
Muluki Ain, Ch. 19, Art. 10(A).

12

exclusion and inclusion is not only a social issue but ultimately related with the State
and its power.
Diamgrma 2: Caste Peradamic

Source: World Bank/DFID, Unequal Citizens: Gender, Caste and Ethnic Exclusion in Nepal (2006).

2.4.4 Dalits exclusion in present Nepalese society

Although, Nepal is now a republic and the Nepali citizens are fully enjoying the
democratic as well as human rights of 21st century, the 'Dalits' covering 13% of the
population of Nepal, still face exclusion in every sphere of daily life. The Dalits are face
caste-based discrimination and exclusion in labor-market, occupation, educational
institutions, political/social/cultural rights, policy and programs of government and non
government sectors, government and NGO offices, religious and cultural activities.
Similarly, Dalits are bearing dominance, various types of atrocities, social boycott, and
cast out, direct and attitudinal untouchability.
13

2.4.5 Dalits and social inclusion in Nepal

Social inclusion is often defined as socio-economic and political empowerment of the
particular groups who have been victimizing by the state discrimination, distinction,
segregation and exclusion. Therefore, social inclusion as a process of promoting
equitable access to both economic and social benefits of development without any
discrimination of caste, descent, gender, religion, ethnicity, nationality, sexual
orientation, opinion or other characteristics.
According to Dalit Empowerment and Inclusion program, empowering Dalit Community
means providing the following things to the Dalit in general and different categories of
Dalit (Madhesi Dalit, Hill Dalit, Dalit women, lower caste Dalit etc): Economic
Opportunities; Assets; Resources; Social; Voice; Capabilities; Knowledge; Skill; and
Information.
In the context of Nepalese society where one caste, one language, one religion, one sex,
one region and one class has monopoly, the concept of social inclusion is identical with
"social justice," "basic human rights," "policy and activity to address the deprivation,"
"removal of institutional barriers and enhancement of incentives for access to
development opportunities," and "outside-in and top-down phenomenon" that has
"relational and structural" elements. Inclusion comprises two sides: one side is
acceptance and efforts for inclusion by the group(s) responsible for exclusion and the
other side is willingness and efforts of excluded groups for inclusion with those who
excluded them.
Policy, institution, attitudes and incentives are important aspects of inclusion. Inclusion
has two dimensions. These are as follows: (Bhattachan, 2004). Intrinsic, that is, within
the Dalit community, leading to higher level of self confidence (stop thinking themselves
as victims), higher level of awareness (on their rights, responsibilities etc.), higher level
of access (to justice, information etc.), more proactive than reactive on furthering the
Dalit cause and higher mobility and visibility.
Extrinsic, that is, within the broader environmentleading to higher level of acceptance
of Dalit Communities in such activities as politics, government services, commercial
activities etc., peoples are more responsive to Dalits and Dalit issues and Dalits are
included in social, political and personal affairs.
2.4.6 Key provisions, policies and laws of reservation for Dalits
The, article 21 of the Interim Constitution of Nepal 2007 has ensured that the
economically, socially or educationally backward women, Dalit, indigenous
nationalities, Madhesi communities, oppressed classes, poor farmers and workers
have the right to take part in the structure of the State on the basis of the principle
of proportional inclusion.
Another important law for Dalits' inclusion is the Local Self-Governance Act 1999. Article
8(2 C), article 76(2 C) and article 172(2 E) mentioned the provision to include maximum

14

one Dalit member serially at the Village Council, Municipal Council and District Council
by nominating the same bodies. But it is also not a compulsory provision.
The, article 13(3) of the Interim Constitution of Nepal 2007 mentioned thatProvide
that especial provisions for women, Dalit, ethnic, Madhesi, Farmer, workers, may be
made by law for the protection, empowerment and advancement of the interests of
children the aged or those who are physically of mentally incapacitated of those who
belong to a class which is economically, socially and culturally backward.
The article 14 of same constitutions mentioned of the provision of 'rights against
untouchability and racial discrimination' and article 21 of the constitution stated the
'right to social justice'. This article mentioned that"they have those rights to include
every spheres of the structure of the state on basic doctrine of proportional inclusion of
women, Dalits, ethnic, Madhesi, Farmer, workers and those who belong to a class which
is economically, socially and culturally backward".
The Promulgation of House of Representatives 2006 AD adopted the concept of
equitable society. Women Commission Act, 2006 AD, adopted the compulsory
provision Dalits in women commission. The Three Year Interim Plan 2007 AD launched
Dalit Enlistment and Development Program. The Constituent Assembly Member Election
Act, 2007, Section 7(3) ensured proportional representation of Dalits (13%) within PR
system. Civil Service Act, 2007, reserved 9 percent seats for Dalits within 45 percent of
total open recruitment seats. Nepal Police Regulation, 2007, reserved 15% seats for
Dalits within 45 percent of total open recruitment seats. Armed-Police Regulation, 2007,
reserved 15% seats for Dalit within 45 percent of total open recruitment seats.

2.4.7 Reservation/Affirmative Policies and Reality in Nepal

The Constitution of the Kingdom of Nepal 1990, Article 11(3) mentionedProvide that
especial provisions may be made by law for the protection and advancement of the
interests of women, children the aged or those who are physically of mentally
incapacitated of those who belong to a class which is economically, socially or
educationally backward. Similarly, Article 26(10) of the constitution stated that the
state shall pursue a policy which will help promote the interests of the economically and
socially backward groups and communities by making special provisions with regard to
their education, health and employment. But the supreme court of the Nepal has
continuously denied ordering the government to make especial provision (laws and
regulations) for Dalit and the government is still snoring. Next, notable legal provision
for Dalits inclusion is the Local Self-Governance Act 1999. Article 8 (2 C), article 76(2 C)
and article 172(2 E) mentioned the provision to include maximum one Dalit member
serially at the Village Council, Municipal Council and District Council by nominating the
same bodies. But it is also not a compulsory provision for Dalit like the provision of
women. Another initiation is Dalit Development Committee in 1998 for social and
economic development of Dalit community. The committee is still alive but not working
properly. Its status not more than a NGO and Dalit people thought that it had made just
for window-dressing. National Dalit Commission established in 2058, just to show that
the government is working for Dalit, by the decision of council of ministry.
15

Eight political parties including Maoist agreed for a federal state; suggesting that a
consensual governing system, a mixed electoral system through forth-coming election of
constituent assembly. Another also considers federalism, but differs in the means he
suggests necessary to achieve it; suggesting that an elected powerful house of
nationalities, reservation/affirmative action policies, a proportional electoral system
and the constitutional protection of minority rights are provisions necessary for an
inclusive and democratic Nepal. All the peoples hope it brings the constituent assembly
election. One scholars discussion of the basic characteristics of operational parts of
Nepali political system some inherited from the past and other introduced after 1990
political change are: unitary structure, first-past-the-post system, rule of majority,
centralization of Kathmandu, centralized administration and centralized party structure
(Hachhethu, 2003). While these are useful starting points for discussion, their relevance
and the implications for Dalit inclusion need through reservation to be examined more
systematically.
Consequently, it is paralyzed. Article 13(3) of the Interim Constitution of Nepal, 2007
states thatProvide that especial provisions for women, Dalit, ethnic, Madhesi, Farmer,
workers, may be made by law for the protection, empowerment and advancement of the
interests of children the aged or those who are physically of mentally incapacitated of
those who belong to a class which is economically, socially and culturally backward.
Article 14 same constitutions mentioned of the provision of Rights against untouchability
and racial discrimination and article 21 of the constitution stated the Right to social
justice. This article stated thatthey have those rights to include the structure of the
state on basic doctrine of proportional inclusion of women, Dalit, ethnic, Madhesi,
Peasants-workers/labor and those who belong to a class which is economically, socially
and culturally backward. Similarly the first, second and proposed (forthcoming) third
amendment has secured the first provision towards Dalit with it.
It is common understanding that state is now promoting reservation for Dalits (Interim
constitution 2007). Inclusiveness in the composition of state organs and other official
bodies are important to peace and stability in countries with diverse populations. One
scholar suggests that a model of inclusiveness can promote three different valued
effects: first, all groups know that they are represented in the government; second, all
relevant groups profit from the model; and third, the model is based on reciprocity
(Kelin, 2003). Theoretically speaking, this seems relevant to the Nepali context.
However questions about how to achieve these models must consider the contexts of
pre-existing Nepali political behaviors, processes and institutions. This leads some
scholars to suggest that a strong argument can be made that some groups deserve
special consideration in Nepali models of inclusiveness through the provision of
reservation for excluded groups, especially those groups that have suffered under the
stigma of untouchability (Gellner, 2003).

16

2.4.8 Beginnings of reservation/affirmative action policy in Nepal

Since the last couple of years some remarkable mechanism has been increasing through
a range of agencies on policy for Dalit inclusion. The struggle beside social exclusion is
one of the fundamental challenges to the state. The power is in the practice to seek
structure of social exclusion across the state. Government has commenced some
schemes in this regard. After the restoration of democracy, the issues of good
governance, social justice and economy has been rising for social inclusion. Firstly the
ninth five year's plan realized that started to include Dalit issues sincerely. After that
there are many plans, pronouncements made by the government for the introducing
social inclusion process. With in this period judiciary defines as public interest litigation
which made many positive decisions towards social inclusion. Nevertheless, polices and
provisions against discriminatory, ambiguous, elite exclusionary implemented.
Thus, state must initiate inclusion, specifically; responsible authorities rose interests.
This is internationally accepted principle that all population have right to the respect of
human vanity. The entire people can have and entertain privileges lacking inequity,
violation and mistreatment. International human rights' instruments have obviously
declared that particular procedures ensure dignity and way of life.
Social exclusion needs to deal with structured and highly perceptible approach both at
the policy and institutional level for excluded groups. Crossing the extensive range of
policies, an intervention improves service delivery and livelihoods for poor and excluded
group in the state.The structural and functional participation in the governance social
inclusion increases its broad area. Creating equity, empowerment, access and protection
of civil rights enhances genuine inclusion
Furthermore, land reforms and making available forest and grazing lands for farming,
while providing greater credit facilities through state financial institutions through Dalit.
Finally, Dalit entrepreneurship should upgrade proportional resources for Dalit seems
necessary. Stress the need to ensure compulsory elementary education, document calls
for diversity in admissions to quality private schools. Because unless Dalit have access
to good quality education at all levels, the goal of producing a vibrant and confident
Dalit middle class will remain a distant vision.
The constitutional reformation is the most important step to include all castes, ethnicity
and other segments of society. Dalit and non-Dalit intellectuals and activists strongly
believe that as long as Dalit are not included constitutionally, politically and legally
other forms of integration would not be possible in a meaningful way. The existing
discriminatory and prejudice-oriented provisions should be identified and step for having
new inclusion based socio-economic and political constitutionalism. Equally as
mentioned above, there are couples of legal barriers for having inclusion Dalit in the
governance. So it is urgent to identify them and assess their impact on the life of Dalit
community.
The tenth plan designed some policies towards Dalit inclusion but the status has been
zero sums. The reservation in civil services, armed police and other recruitments system
have clearly defined reservations into reservations according to percentage of the seats.
17

Though, numerous positive measures have been raised for socio-economic upliftment
such as scholarship, free education, free distribution of books, priority on land
distribution, womens participation on school management and users groups,
conversely, these positive policies and laws, there has not been found any change in the
life of Dalit. Therefore,
conclusion holds that the most of the legal and constitutional
policies do not hesitate to provide inclusion and opportunities for Dalit. In terms of
political real will doesn't accept for this.
2.4.9 Debates against reservation policy:
Affirmative Action or Especial Provision, reservation, progress reservation, proportionate
rights and especial tights are in the center of the discourse. The concept of affirmative
action and especial provision has been rising from the State side after the restoration of
democracy and II people's movement.

2.5.1 Reservation / progressive reservation and reservation rights:

Calls for Dalit reservations have a long and contentious history within the Nepali Dalit
Social Movement. In the process of drafting the 1990 Constitution of Nepal, there were
demands from Dalit organizations and their leaders to have constitutionally guaranteed
reservations for Dalits. At that time, there was much debate among Dalit leaders about
whether or not reservations should be demanded and whether or not demands should be
made for constitutionally guaranteed reservations. The differences of opinions that
emerged at that time remain.
The Dalit sister organization of CPN (Unity Center-Mashal, MB Group) Jatiya Samata
Samaj views reservations as a historical necessity. They recognize implementation of
reservations as a temporary, immediate, and very important reform, but not a
permanent solution. It claims that reservations will disappear once the playing field
becomes level and all livelihoods are secured. The 1999 A.D., Second Convention of the
Jatiya Samata Samaj put forth the proposal that Dalit should get 20% reservations
(Janadesh, 8(3), December 1, 1999).
The Dalit sister organization of NC Nepal Dalit Sangh / Nepal Dalit Sangh (Prajatantrik)
has made indirect demands for Dalit reservations, maintaining that Dalit must have
proportionate representations in every arena of national life. The chairman of this
organization says that special arrangements are necessary for Dalit upliftment and
that there is no alternative except reservations (Parishrami, 2 (5), 1998).10
The Samaj Kalyan Sangh also believes that reservations are necessary in all areas. They
believe that Dalit reservations in economic, political, administrative, educational and
cultural areas need to be given from the State level.11

10
11

Man Bahadur Biswakarma, personal communication with the author, August 18, 1999.
Pratap Ram Lohar, personal communication with the author, August 24, 1999.

18

The Dalit sister organization of RPP, Rashtriya Prajatantrik Utpidit Jatiya Utthan
Sangathan has set an objective of working to have a population based proportionate 25%
reservation in areas including: recruitment in the army, police, civil service, and in
various institutions and all departments. This organization believes that reservations
should be a right for Dalits and should be in place until Dalits reach the levels of other
caste groups.
The Dalit sister organization of CPN (UML) Nepal Utpidit Jatiya Mukti Samaj, provokes
the progressive reservation. It has set a goal of attaining progressive reservations. They
maintain that these reservations should be given by the State through constitutional
methods, and should be at each level of national, social, political, economic,
educational and cultural arenas.
Dalit sister organization of CPN (Unity Center-Mashal, Prakash Group) Nepal Rastriya
Dalit Mukti Sangathan, provokes the Reservation Rights. According to Aahuti, a leader of
this organization, reservation is not only a donation of State but it is rights of Dalit. It is
the compensation rights of Dalit against the State (Basnet and Darnal, 2063).
2.5. 2 'Word' difference in reservation
The sister organization of CPN (Maoist), Nepal Dalit Mukti Morcha (Dalit Liberation Front
of Nepal), asserts that reservations do not help in the fight for Dalit liberation. They
believe that the concept of reservations has been manufactured by opportunistic Dalit
organizations that are interested only in power and are pandering to feudalistic
reactionaries. They believe that reservations may play some role in raising consciousness
among Dalit communities, but that reservations should not be the most important goal
of the Nepali Dalit Social Movement.12 This organization and its leaders provoke of
especial rights.
2.5.3 Policy gaps for reservation
The Constitution of the Kingdom of Nepal 1990 was completely policy and provision less
regarding social inclusion. The Interim Constitution of Nepal 2007 has some provision
about social inclusion on Article 21. Apart from this provision, there is no special and
mandatory provisions for Dalits' inclusion in constitutional bodies, executives (council of
ministers, DDC, VDC and Municipality), educational institutions, political appointees,
judiciary, political parties and civil society organizations in the constitution. There is no
compulsory provision for Dalits inclusion even in the existing Interim Constitution, such
as 33% provision for women.
The Constituent Assembly Member Election Act, 2007 A.D. has mandatory provision for
inclusion (nominally) of Dalits. But at the same time Section 7(14) has anti-inclusion
provision stating whoever (party) submit the list of its candidates to election commission
below 30% candidacy of total seats, does not need to follow the compulsory provision of
Dalit inclusion.

12

Bala Ram B.K., personal communication with the author, December 30, 1999.

19

The latest amended Civil Service Act, Nepal Police and Armed-Police regulations have
also incorporated the concept of social inclusion but only nominally, not fully
proportional. There arent any compulsory and mandatory provisions for Dalit inclusion
in Nepal Army and other numerous governmental organs, institutions and agencies.
There are no mandatory provisions for Dalit inclusion in political appointees.
There isnt any strong provision and institution to fulfill effective monitoring and feed
back system for effective enforcement of Dalit related laws. Especially No.10 (A) of the
Chapter on Decency of the Country Code (adal ko 10 ka) although the government of
Nepal listed it in State Cases Act as well. The State Cases Act itself has specific
procedures for many kinds of criminal cases but they are not followed properly
especially in the case of No.10 (A) of the Chapter on Decency of the Country Code (adal
ko 10 ka).
There is no exclusive Dalit (Prevention of Atrocities) Act yet although the Interim
Constitution has a provision to make laws against atrocities towards Dalits. There is no
Compensation Act for victims of caste-based discrimination and untouchability yet even
though the Interim Constitution has a provision to ensure compensation against castebased discrimination and untouchability.
There isnt any official definition about caste-based discrimination and untouchability by
the Government of Nepal. The ICERD, DD and POA have a sort of definition of caste
based discrimination and untouchability.
The existing law against untouchability is still weak in terms of its time range of
imprisonment and rate of fine. The Dalits' organizations, community and activists have
been expressing their dissatisfaction against these provisions from past to present.
2.5. 4 Some Policies and Provisions:
The Constitutional provisions and Legislative policies are drawn with a focus on history
and present situation simultaneously complementing the role of civil society
organisations.
2.5. 5 Constitutional Provisions:
The Constitutional history of Nepal begins from 1948. Presently, Nepal is governed by
the Interim Constitution of Nepal, 2007 promulgated on January 14, 2007. The source of
this Constitution is the Nepalese people prior to which it was the King. The Constitution
promulgated before 1990 had no meaningful provisions for elimination of caste based
discrimination. The Constitution of the Kingdom of Nepal, 1990 was the product of the
Peoples Movement that reinstated democracy in Nepal. The sub-Article 4, focused on
Dalits as it ensured that no one shall be discriminated on the basis of caste and creed in
public, and in the use of public properties; indeed violators shall be punishable by law.
However, Article 19 prohibited change of religion, implying an imposition that Dalits
should continue to be Hindus. The historic Peoples Movement of April 2006, gave
several Mandates including Sovereignty and State Power to the Nepalese people and
restructuring of the State in an inclusive way through Constituent Assembly. The Interim
20

Constitution will continue until new Constitution is made by the Constituent Assembly,
which is expected to complete in two years period. It has positive provisions addressing
the issues and concerns of the Dalits. Article 14 states: (i) none shall be discriminated
based on caste, lineage, community or occupation with any form of untouchabilty and
caste discrimination; such practice of discrimination shall be punishable and the victim
shall be compensated as defined by law; (ii) none shall be deprived from the public
services, facilities or public facilities or public places or entering religious places and
religious functions/performances; (iii) while producing and distributing any goods,
services or facilities, it shall not be limited only for the people of certain caste to buy or
sell or distribute such goods, services and facilities; (iv) the feeling and practices of
belonging to higher caste and demeaning other to lower caste or origin, ideas
justifying caste based social discrimination, publicity on caste superiority or hatred shall
be strongly discouraged; and (v) the practices against above mentioned points shall be
punishable. It needs to be mentioned here that some major issues of Dalits have been
addressed in the Interim Constitution ofcourse many are left out. Article 33 (D) of the
Interim Constitution 2007 was Amended for proportional share to marginalized groups Madhesis, Dalits, indigenous peoples, women, labourers, peasants, disables and the
backward classes and regions. It marked significant representation of Dalits in the
Constituent Assembly; unfortunately these representatives are made to follow their
respective party policies rather than the issues of the Dalit movement.
2.5.7 Legislation and Policies:
After the Restoration of democracy in 1990, the Constitution of the Kingdom of Nepal,
1990, adopted Parliamentary system. The Parliament with the House of Representatives
and the National Assembly was responsible for making laws. No Dalit was elected as a
member of the House of Representative but a few Dalits were nominated as members of
National Assembly by the political parties. Some of the failed efforts related to
legislation on Dalit issues include a Dalit Bill Tables by MP Pari Thapa, Dalit Upliftment
and Protection Bill of 2002 prepared by the Nepal Dalit Association National Dalit
Commission Act of 2003 prepared by the National Dalit Commission (NDC), Parliament
members has shown sensitivity towards problems and issues of the Dalits. During 19501957, 1957-1960, 1960- 990 and 1990-2002 there were only 3, 1, 5 and 9 members in the
Parliament respectively.
On behalf of Dalit civil society, Constitution of Kingdom of Nepal 1990 first Amendment
Act Bill and Reservation Act Bill of 2005 prepared by the Dalit NGO Federation (DNF),
and Caste based Untouchability Crime Act of 2006 prepared by the Lawyers National
Campaign Against Untouchability (LANCAU). Exclusion of Dalits continues because none
of the
In the twelve years old history of the Parliament, only one Dalit was elected as a
member of the House of Representative (Lower House) and 8 Dalits were nominated as
the members of the National Assembly (Upper House) of the 8 members, 2 members
were nominated by the King. Out of these 18 Dalit Parliamentarians, none was a Dalit
woman and only 2 were from Terai Dalits. A Dalit Member of Parliament representing
Communist Party of Nepal (United Marxist Leninist) became Vice-Chairperson of the
National Assembly.
21

Table 2: Representation of Dalits in the Legislature-Parliment by Sex and Region (1950 to 2002 +)

S.N.

Sex and Region

195019902002 onwards Total

1990
2002
(%) N=18
(%)N=36
(%) N=9
(%) N=18
sex
1
Men
100
100
66.7
83.3
2
Madhesi Woman
0
0
33.3
16.7
Total
100
100
100
100
Region
3
Hill Dalits
88.9
88.9
77.8
83.3
4
Terai Dalita
11.1
11.1
22.2
16.7
Total
100
100
100
100
Source: jana Utthan Magazine, issue 53 February 2006, jana Utthan Prathisthan.

It is not only the legislative body but Executive body has also shown apathy to Dalit
issues. None of the governments, neither past nor of the present initiated any efforts to
make laws against caste-based discrimination through the Legislative body. One of the
reasons for such apathy is negligible representation of Dalits in the Executive Body. Out
of the 7 Ministers, a Dalit became Minister three times in 1974, 1975 and 1984 during the
Party-less Panchayat System, 5 Dalits became Ministers after 2002 and a Dalit is a
Minister in the current Interim Council of Ministers. Among these only 2 were State
Minister and the remaining were Assistant Ministers; even during the democratic
Parliamentarian System from 1990 to 2002, none became a Minister. From the 7
Ministers from Dalit community, there was no Dalit woman and also no representation
from the Terai Dalit community.
In the Council of Ministers formed after the election of the Constituent Assembly, no
Dalit has been represented. The types of cases dealt by DNF are mostly verbal abuse,
and domestic violence, also cases related to marriage, relationship and divorce, conflict
on land or partition and birth registration, rape or attempt to rape, accusation of
theft/fraud and murder or attempted murder. From the 19 cases filed by DNF, 42% cases
had positive and 21% negative decisions. The Court made decisions on 12 cases filed by
LANCAU, of which two-third had positive
results.
Dalit scholars have identified 58 laws that are discriminatory in nature against Dalits in
terms of exclusion, untouchability, restriction and segregation (Tamrakar, 2005).
Frustration is widespread as far as enforcement of the existing laws related to Dalits is
concerned. Dalit Human Rights Organization (DHRO) carried out a sample base line
survey in the year 2005 to understand trends of offence of untouchability taken up by
the police administration. The report revealed that about 46% of the total respondents
were not aware about legal provisions on caste-based untouchability; 48 % respondents
opined that law enforcement officials ignored offence against Dalits due to their
prejudices; 74 % of the respondents had no idea about the procedure and where to
approach
for justice; 4.3% of the respondents said that they go to police administration; and onethird of the respondents of the eastern parts of Nepal and 14.3% of the western parts of
22

Nepal took initiative by collecting First Information Report (FIR) from the police. The
survey findings revealed that no charge sheet was lodged by the police at the Office of
District Attorney (DHRO, 2005).
2.5. 8 Nature of Caste-based Untouchability and Discrimination
ActionAid, Nepal revealed that existing practices of caste-based discrimination in Nepal
are related to denial of entry of Dalits by higher caste into their houses, temples, hotels
and restaurants, teashops, work places, food factories, dairy farms and milk collection
centres, etc. Non-Dalits deny providing services related to milk, health, credit, training,
religion and food and drink. High caste people deny Dalits the access to common
resources including drinking water sources, community forests, and crematory. Also,
high caste people do not enter into kinship and other relationships including inter-caste
marriages. Dalits commonly face caste-based discrimination by high caste people on
feasts, during festivals, marriage processions and funerals.
There are two areas of caste-based untouchability that makes it complicated: one front
is practice of untouchability by non-Dalits against all Dalits, which is indeed binary; and
the other front is practice of untouchability by high caste Dalits against low caste Dalits.
It is complicated as the Kami occupy higher position among the Dalit caste hierarchy;
hence, they are not treated as untouchables by other Dalits. Doms are at the bottom of
the internal caste hierarchy; hence Doms are victimized by higher castes as well as the
Dalits
2.5.9 Socio-cultural and Religious Sites:
The data reveals that current practices of caste-based untochability are concentrated
mostly at the religious and socio-cultural sites in the form of denial of entry into Hindu
temples, and eating food during festivals and wedding parties and intercate marriages
between non-dalits and Dalits and high and low caste Dalits,During fieldwork, Dalits
reported that 14 castes still experience denial of inter-caste marriages and face
humiliation during wedding parties as they have to eat separately and at a distance from
high caste people. Also, Dalits belonging to 6-7 Dalit castes experience denial of entry
into the temples for performing worhship and to receive prasads (offering). One of the
key demands of the Dalit movement in the last five decades has been the right to entry
into the temples.
2.6.1 Public Property and Economic Activities:
Traditionally, caste-based discrimination and untouchability has had very strong ties
because of occupational division of caste groups. For instance, prestigious economic
activities were monopolised by high caste peoples and degrading menial works were
given to the Dalits. Due to growing market economy in urban centres and intensified
efforts by the Dalit movement, caste-based untouchability is declining but has not yet
been eliminated. One of the issues raised by the Dalit movement is that the milk
collection centres should accept milk sold by Dalits. Data shows that respondents
belonging to 1l Dalit castes still experience problems. Similarly, practice of
untouchability in hotels and restaurants are also declining but it has yet to be eliminated
23

completely. Respondents belonging to three Dalit castes reported that the restaurant
staff case when they eat out in restaurants in other places. Respondents belonging to
one Dalit caste reported that they do not get loans if they need to buy cows, or incase
they may think to run tea stalls, which is basically the caste-based practices of
untouchability.
2.6.2 Discrimination at Community Sites:
Settlement and community are other sites where caste-based untouchability is praticed
on everyday basis. Dalits live both in a mixed and also as segregated community in the
urban as well as rural areas. During fieldwork for this study, respondents reported that
Dalits belonging to 13 Dalit castes experience excessive caste-based untouchability by
non-Dalits. Respondents mentioned that Dalits belonging to 13 Dalit castes are
prohibited to migrate near the non-Dalits settlements..Respondents reported that
around 12 Dalit castes reported that Bahun-Chhetris, the dominant caste group, practice
caste-based untouchability more than Vaishyas, indigenous peoples and Muslims.
Respondents reported that Dalit women of 12 castes experience caste-based
untouchability more against them as compared to Dalit males by non-Dalits. During the
fieldwork for this study, respondents reported that Dalits experience untouhcability in
health services, especially by non-Dalit health workers, and also by high caste Dalit
health workers. Practices of caste based untouchability continue because of traditional
concept of purity and pollution of bodies. Intercaste marriages, especially with Dalits,
continue to be problematic13. One of the solutions suggested by the state and both Dalit
and non-Dalit leaders is to encourage inter-caste marriages with Dalits. Non-Dalit boys
are discriminated by their parents and relatives when they get married with Dalit girls. It
is practiced in twelve of the eighteen Dalit castes. High caste Dalit boys are
discriminated by their parents and relatives when they get married with low caste Dalit
girls. It is practiced in seven of the eighteen Dalit castes. Social boycott, denial of entry
and deprivation from parental property are practiced more by non-Dalits against Dalits
than by Dalits against Dalits.
2.6.3. Policy and Institutional Initiatives by National and International Actors:
The State, international donors working in Nepal, and civil society organizations have
taken some initiatives to change the policies in favor of Dalits, and also to protect and
secure Dalits human rights. These initiatives are necessary, but inadequate to eliminate
caste-based untouchability and other forms of discrimination.
2.6.4 Initiatives of the State:
Before 1947 there was no organized initiative against caste based discrimination from
neither the State nor the civil society. The Ninth Plan (1997-2002) and Tenth-Plan (20032007) contained a Dalit targeted plan outlining the objectives, policies, strategies and
programmes for Dalits and other disadvantaged groups. Dalit targeted policies,
13

Caste-based Discrimination in Nepal

Krishna B. Bhattachan, Tej B. Sunar and Yasso Kanti Bhattachan(Gauchan)

24

strategies and programs of the plan were confined to paper work only as most of the
plans were never implemented. The Poverty Alleviation Fund (PAF) was established in
2004 for what Dalit community has been one of the target groups. During the Tenth-Plan
period, Dalit upliftment activities received about INR. 500 million from the PAF. As
opposed to the traditional modality of implementation the Fund intends to implement
activities through community based organizations. Also, line Ministries and the local
bodies have been working, though nominally, for uplifting of the Dalits. Development
agencies; bi-lateral/multilateral, I/NGOs and the human rights organizations are also
increasingly engaged for the rights and development of the Dalits. Political parties
fraternal and sister organizations are also contributing to some extent in elimination of
caste based discrimination. Lack of sufficient commitment, working capacities, political
will power and the resources have prevented most of them to contribute effectively.
2.6.4 Nepal Excluded, Oppressed and Dalit Class Development Committee:
The Government of Nepal formed the Committee in 1997, under the Ministry of Local
Development. The Committee is entrusted with the responsibility of implementing some
of Dalit specific government funded activities. This committee implements scholarship
programmes for secondary and higher education. Funds are also provided to Dalits for
income generation activities.
The Committee also runs a radio programme and other sensitization programmes to
increase public awareness on caste discrimination. It has established alibrary with
resources on Dalit related reference materials and these are accessible to all.. Activities
pertaining to education, income generation and advocacy are limited in their coverage
largely due to budgetary constraints as well as low capacity of the Committee to plan
and implement activities. The Committee is unstable; frequent changes occur among the
Board and Staff members, which in effect is due to frequent changes in the government
setup.
2.6.5 National Dalit Commission:
The National Dalit Commission (NDC) was established in March 2002. The Dalit Movement
of Nepal has been demanding for a Constitutional, Independent/Autonomous,
resourceful Commission with semi-judicial roles. It was formed by a Cabinet decision and
works as a section under the Ministry of Local Development. Political intervention has
created unstability in its character. During change in government, the Board members
appointed by previous government resign and the new Minister for Local Development
generally does not appoint any new Board members. The Commissions Mandate includes
creating an environment in which Dalit groups would be able to enjoy their rights
without any obstacles, recommending timely Amendments of existing legal provisions
and HMGs policies and regulations to allow it to perform the above functions,
formulating policies and strategies for the implementation of international covenants
and conventions against racial discrimination and other human rights instruments and to
recommend to the government; and formulating activities to eliminate untouchability
and other forms of social discrimination and traditional customs and ideologies
associated with such discriminations and to implement them through NGOs.

25

2.6.6 Initiatives of International Donors:

DANIDA is the first bilateral agency to work with Dalit NGOs, the Human Rights and Good
Governance Advisory Unit (HUGOU) in Nepal has been supporting Dalit NGOs. DANIDA has
now inclusion component to support on Dalit issues. DFIDs Enabling State Programme
(ESP) implemented Dalit Empowerment and Inclusion Project (DEIP) from 2003 to 2006 to
provide support to Dalit Empowerment. Among INGOs, OXFAM-GB, MS Nepal, Action AidNepal, Lutheran World Federation, SNV Nepal, CARE Nepal, Save the Children US, and
International Dalit Solidarity Network are the names that have taken up the Dalit issues.
2.6.7 Initiatives of Dalits Organizations:
There are many Dalit NGOs working for elimination of caste based discrimination. These
NGOs include, Dalit NGO Federation (DNF), Nepal National Dalit Social Welfare
Organization (NNDSWO), Feminist Dalit Organisation (FEDO), Dalit Welfare Organisation
(DWO), Lawyers National Campaign Against Untouchabilty (LANCAW), Jana Utthan
Pratishthan (JUP), Jagaran Media Center (JMC), Social Awareness For Education (SAFE),
and Equality Development Center
(EDC). Also, some major political parties have their fraternal or sister organizations such
as Society for Liberation of Oppressed Community of CPNUML, Nepal Dalit Association of
NC, Dalit Liberation Front of CPN-Maoist, Nepal Dalit Association of NC-D, and Nepal
Dalit Upliftment Forum of Nepal Sadbavana Party-Anadadevi (NSP-A). These all are
platforms for political participation of
Dalits. However, national level Dalit civil society organizations representing the Terai
Dalits are fewer in number and Terai Dalits show very thin presence in the national level
Dalit civil society organizations in Kathmandu.
2.6.8 Economic and Social Status of Dalits vis--vis Other Castes:
This section focuses on socio-economic conditions of the Dalits, human development
index, lower access to capital assets (land and livestock), wage labour and economic,
market and labor, labor market and factor market discrimination. Data and information
about socio-economic conditions and human development are available to some extent.
However, published or unpublished books, articles and reports on housing, labour and
labour market, discrimination in consumer markets, factor markets etc. are not
available.
2.6.9 Socio-Economic Conditions and Discrimination against the Dalits:
Respondents of focus group discussions and key informants mentioned about socioeconomic conditions of the Dalits in Nepal. The socio-economic status/condition of
Dalits is low as compared to other caste and ethnic groups, that socio-economic
conditions of women and girls is worse than that of male counterparts, socio-economic
status/condition of Madhesi (Terai) Dalit is even worse than that of Hill Dalits. Among all
Dalit caste groups, Kami, Damai and Sarki are relatively better off than other Dalit caste
groups; however, 65-68% of Kami, Damai and Sarki each live below poverty line, that
means consuming less than 2,200 calories of food in a day. Illiteracy is rampant and very
few receive higher education.
26

Human Development Index: According to the human development index prepared by

Nepal South Asia Center (NESAC) for the United Nations development Program (UNDP) in
1998, Dalits stand not only far below average but also below the average of other caste
and ethnic groups in each of the indicators of human development and human
development index. Exceptionally, Dalits are a little better off than Muslims in life
expectancy and adult literacy ratio. Human development index of Nepal is 0.325 and
highest is of Brahmans with 0.441 and the lowest of the Dalits with 0.239 (Table 3). Per
capita income is highest of the Newars followed by Brahmans with US $ 1,848
and US $ 1,533 repectively (Table 3). It is only US $ 764 of the Dalits, which is the lowest
among different caste and ethnic groups. The ratio to national HDI. The incidence of
poverty is very high among the Dalits. In 1996, 42.6% of the Nepalese people were living
below the poverty line. About 68% of Kamis, 67% of Damais and 66% of Sarkis lived below
poverty line (Table 4). Also about 71% of Limbus lived below poverty line, which is
highest among different caste and ethnic groups14.
Table 3 Human Development by Caste and Ethnicity, 1996
Caste
&
Ethnicity

Life
Expectancy
1996

Adult
literacy
ratio
(%)
1996

Mean
years
of
schoo
ling
1996

Per
capita
income
(NRs.)
1996

Per
capita
income
(US $)
1996

Life
Expectanc
y
index

Educational
Attainment
Index

Income
Index

HDI

Rati
o to
nati
onal
HDI
Nep
al
=10
0
100.
0

Nepal

55.0

36.72

2.254

7,673

1,186

0.500

0.295

0.179

0.325

Brahmin

60.8

58.0

4,647

9,921

1,533

0.597

0.490

0.237

0.441

Chhetri

56.3

42.00

2,786

7,744

1,197

0.522

0.342

0.181

0.348

Newar

62.2

54.80

4,370

11,958

1,848

0.620

0.462

0.298

0.457

Gurung,
Magar.Sh
erpa, Rai
Limbu
Muslim

53.0

35.20

2,021

6,607

1,021

0.467

0.280

0.152

0.299

48.7

22.10

1,358

6,336

979

0.395

0.178

0.145

0.239

Rajbansi,
Yadav,Th
arum
Ahir
Occuptio
nal
Caste*
Others

58.4

27.50

1,700

6,911

1,068

0.557

0.221

0.160

0.313

50.3

23.80

1,228

4,940

764

0.422

0.186

0.110

0.239

73.6
2

54.4

27.60

1,880

7,312

1,130

0.490

0.226

0.170

0.295

90.9
4

135.
87
107.
31
140.
73
92.2
1
73.6
7
96.2
8

*Occuptional caste mostly include the 'Untouchable' of the hill and the terai.
Source: Annex 3.7 in NESAC 1998:266.

Table 4: Incidence of Poverty, 1996

14

Caste-based Discrimination in Nepal Krishna B. Bhattachan, Tej B. Sunar and Yasso Kanti Bhattachan(Gauchan)
of Dalits is 1:0.7 as against 1:1.4 of the Newars and 1:1.3 of the Brahmans

27

Social Group

A.
1
2
3
4
5
6
B.
7
c.
8
d.
9
10
11
12
13
14
E.

Proportion below
poverty line (%)

Caste Group
Bhaun
Yadav
Chhetri
Sarki (Dalit)
Damai (Dalit)
Kami (Dalit)

34
40
50
65
67
68

Newar

25

Muslim

38

Gurung
Tharu
Rai
Magar
Tamang
Limbu
Others
Nepal

45
48
56
58
59
71
37
42.2

Rank

Traditional
occupational

II
IV
VII
XI
XII
XIII
Language group
I
Religious Group
III
Hill Ethinics (Janajati)
V
VI
VIII
IX
X
XIV

Priestly/Politics
Farming/Herding
Farminf/Soldiery
Artisan (Lather)
Artisan (Cloth)
Artisan (Metal)
Trade
Various Skills
Farming/Army
Farming
Farming/Army
Farming/Army
Farming/Portering
Farming/Army

Sou rce: Gurung (2003:7)

Lower Access to Capital Assets: Land is considered as the main capital asset in Nepal.
Landlessness is high among the Dalits. Dr. Shiva Sharma, an expert on labour, estimated
that 85 to 90% of Madhesi Dalits are landless. Among the Musahar, only 3 to 5% may hold
a piece of land. .Hill Dalits have some piece of land, Migrant Dalits, who have settled at
the sides of the highways, including highways in the Terai, have been able to acquire
Table 5: Access to Land of Dalits
N

Caste

Landless

Less than 5 6 to 10 11to20

Ropani (%)
Ropani (%)
Ropani (%)

More than
21 ropani

HILL DALIT

1
2
3
4

Kami
Damai
Sarki
Gaine

11.2
28.8
7.6
41.2

46.5
55.1
47.8
45.1

18.8
19.1
24.2
1.4

17.1
3.2
16.7
3.1

6.5
1.36
3.6
-

4.3
-

4.3
-

MADHESI DALITS

5
6
7
8

Badi
Dhobi
Doom
Dusadh

21.0
33.3
44.2
33.3

31.1
66.7
11.8
55.6

13.0
-

So urce: Table number 6 in Tamrakar (2006:65).

Note: Data on Hudke, Kasai and Pode have not been included here as the NDC has taken them out from the list of
Dalit castes.

some land due to, their connection with administrators. (Dr. Shiva Sharma,, (Personal
communication). Althoguh Hill Dalits have access to land but it has not helped them
much due to low quality of these lands. Ownership of both irrigable and dry land is
highest among the high caste (5.63 Ropanis of irrigable and 6.64 Ropanis of dry land)
and least by the Dalits (2.05 Ropanis of irrigable and 4.76 Ropanis of dry land) (Table 5).
28

The percentage of Dalits who own less than 3 Ropanis of irrigable land is 70% in the
mountain, 77% in the Hills and 100% in the Terai. Dalits who own less than 3 Ropanis of
dry land is 54% in the mountain, 54% in the Hills and none in Terai (Team Consult
1999:178). The data on land ownership provided by Tek Tamrakar, a leading Dalit
scholar, suggests 44.2% of Dom are landless, followed by Gandarva with 41.2%, and
Dusadh and Dhobi with 33.3% each (Team Consult 1999:178). The percentages of
landless Sarkis (7.6%) and Kamis (11.2%) are very low.
2.7.1 Discourses on Reservation/Affirmative Action
Proponents of affirmative action generally advocate it either as a means to address past
discrimination or to enhance racial, ethnic, gender, or other diversity. They may argue
that the end result - a more diversified student body, police force or other group
justifies the means. However, when affirmative action consists of preferential treatment
for minority groups, opponents claim that it has undesirable side-effects and that it fails
to achieve its goals. They argue that it is discrimination, perpetrates new wrongs to
counter old ones, and instills a sense of victim hood in the majority. It may increase
racial tension and benefit the more privileged people within minority groups (such as
middle to upper-class blacks) at the expense of the disenfranchised within majority
groups (such as well or-class whites).
Some also claim that in college or professional admissions, it hurts those it intends to
help, since it causes a "mismatch" effect by admitting minority students who are less
qualified than their peers into more rigorous programs wherein they cannot keep up.
UCLA School o Law professor Richard Sander wrote several papers on this occurring in
both the law schools themselves and in law firms. Supporters of affirmative action
counter this by citing the connections that a minority student can obtain simply by being
at a higher-ranked school, even if their class ranking is lower.How the media portrays
affirmative action and affirmative action cases plays a role in how the public responds to
affirmative action. There are claims that the practice is itself racist and/or sexist,
depending on how one defines those concepts. Others believe that programs may be
motivated by political considerations. Some members of races 'assisted' by affirmative
action feel that the program is an insult to them, because they feel that they are
capable of becoming successful regardless of government's help. Finally, critics and
supporters disagree on the economic effects of affirmative action. The International
Convention of the Elimination of All Forms of Racial Discrimination or stipulates (Article:
2.2) that affirmative action programs may be required of states that have ratified the
convention, in order to rectify systematic discrimination. It states, however, that such
programs "shall in no case entail as a consequence the maintenance of unequal or
separate rights for different racial groups after the objectives for which they re taken
have been achieved. (Article: 2.2)."
The United Nations Human Rights Committee states that the principle of equality
sometimes requires States parties to take affirmative action in order to diminish or
eliminate conditions which cause or help to perpetuate discrimination prohibited by the
Covenant. Such action may involve granting for a time to the part of the population
concerned certain preferential treatment in specific matters as compared with the rest

29

of the population. However, as long as such action is needed to correct discrimination,

in fact, it is a case of legitimate differentiation under the Covenant.
Affirmative action means positive steps taken to increase the representation of women
and minorities in areas of employment, education, and business from which they have
been historically excluded. When those steps involve preferential selectionselection on
the basis of race, gender, or ethnicityaffirmative action generates intense argument.
The development, defense, and contestation of privileged affirmative action proceeded
along two paths. One legal and another administrative as courts, legislatures, and
executive structures of government have made and practical rules requiring affirmative
action. The other has been the path of public debate, where the practice of privileged
treatment has spawned a vast literature, far and against. Frequently, the two paths
have futile to make sufficient contact, with the public quarrels not always very
progressively anchored in any accessible legal basis or carry out.In 1972, affirmative
action became a provocative public issue. Exactly, the Civil Rights Act of 1964 already
had made something called affirmative action remedy federal courts could impose on
violators of the Act. Likewise, after 1965 federal contractors had been requiring them to
take affirmative action to make sure they are not discriminating. But what did this 1965
mandate amount to? The Executive Order assigned to the Secretary of Labor the job of
specifying rules of implementation. In the meantime, as the federal courts re enforcing
the Civil Rights Act against discriminating companies, unions, and other institutions, the
Department of Labor mounted an ad hoc attack on the construction industry by cajoling,
threatening, negotiating, and generally strong-arming reluctant construction firms into a
series of region-wide plans in which they committed themselves to numerical taking on
ends. Anglo-American philosophy had treated moral and political questions for several
decades indirectly. An existing view, philosophers re-suited conceptual analysislay
bare, the conceptual construction of the idea of justice, but they re not competent to
suggest political principles, constitutional arrangements, or social policies that actually
did justice. Philosophers might do meta-ethics but not normative ethics. This vied
distorted in the 1970s under the weight of two counter-blows. An intricate, elegant, and
inspiring defense of a normative theory of justice (Rawls, 1971) created a thought
experiment for evaluating societal outcomes such as the competing equality models
called the veil of ignorance. In this experiment, Rawls imagined that the future citizens
of a society did not know in advance what their situation would be (rich or poor, male or
female, handicapped or able-bodied, etc.). Rawls speculated that behind this veil of
ignorance rational people would choose to set up society so that the least well-off
person was as well-off as possible. However well-off can be interpreted along either
dimension -- equality of opportunity or equality of results (Rawls, 1971). Thomas Nagel
Equal Treatment and Compensatory Justice and Judith Jarvis Preferential Hiring and the
philosophical literature on affirmative action burgeoned forward.
Some whiteapplicants have better qualificationsonly because they have not had to
contend with the obstacles faced by their black competitors. Rachels was less
confident than Warren that preferences worked uniformly accurate offsets. Reverse
discrimination might do injustice to some whites; yet its absence would result in
injustices to blacks who have been unfairly handicapped by their lesser advantages. The
diffidence was warranted in light of the counter-responses. If racial and gender
preferences for jobs (or college admissions) re supposed to neutralize unfair competitive
30

advantages, they needed to be calibrated to fit the variety of backgrounds aspirants

brought to any competition for these goods. Simply giving blanket preferences to blacks
or women seemed much too ham-handed an approach if the point was to microdistribute prospects reasonably (James, Rachels).
2.7. 2 Arguments for Affirmative Action /Reservation Policies
Affirmative action policies can be divided into four categories. a) Arguments on grounds
of justice defend affirmative action as a compensation or corrective for past and
continuing racism/sexism. b) Arguments on grounds of democracy view group-conscious
representational devices as necessary under certain conditions for realizing a democratic
society. c) Arguments on grounds of social utility claim that affirmative action policies
promote desirable goals such as better mentoring of members of disadvantaged groups
or delivering professional services to the disadvantaged. d) Arguments on grounds of
free speech and education defend affirmative action policies for the ways they create
the diverse set of participants in discourse, research, and learning that is claimed
necessary to promote the inside assignment of learning institute.
a) Justice focuses that affirmative action is just reparation for historical injustice
(McGary, Jr., Howard, 1977: 250-263) (Duster, Troy, 1998): pp. 111-133) and; that
affirmative action helps correct for current institutionalized or unconscious
discrimination, and promotes integration as a democratic value (Ezorsky, 1991),
(Axelson, 1977: 264-288) & (Fish, 1993). Affirmative action as a remedy for current
unconscious discrimination is based on the latest theories of implicit bias (cognitive
discrimination). Racial integration as a central goal of race-based affirmative action -mainstream institutions is necessary both to dismantle the current barriers to
opportunity suffered by disadvantaged racial groups, and to create a democratic civil
society. (Anderson, 2002: 1195-1271).
b) Democracy focuses that Race-based affirmative action policies are necessary in
college admissions because a central mission of the university is to promote a
democratic culture which requires building the cultural capital of all citizens, so that
they have the communicative and imaginative skills necessary for creating a universally
inclusive, democratic discourse. (Post, 1998: pp.13-27).
Race-based affirmative action is the only way to enable schools to simultaneously pursue
their compelling interests in meritocracy and in integrating all groups into the nations
elite. The important data and arguments explaining why race-neutral attempts to secure
integration either fatally compromise academic standards or fail to generate significant
black and Hispanic enrollment in selective schools (Issacharoff, 1998: 669-695).
Democratic defense of affirmative action is employment, arguing that places of
employment are major sites of civil society, in which citizens interact and share their
views. The democratic interest in promoting an integrated civil society--ensuring that
citizens from different socially salient groups share their views with one another-supports affirmative action in the workplace (Estlund, 2000).
c) Social UtilityImportant defenses of affirmative action vigorously deny that affirmative
action is unfair to whites, using a battery of arguments predominantly forward-looking,
31

rather than compensatory, rationale for affirmative action (Dworkin, 2002). Besides
appealing to considerations of compensatory justice, offers a battery of arguments for
its good consequences: 1) role models; 2) diversity in education; 3) increases in the pool
of applicants and hence competition; (4) replacement of diminishing marginal utility for
richer whites with more utility for poorer blacks; and 5) unscrewing biased and
incomplete tests of merit (Harwood, 1990: 14-17).
That affirmative action promotes diversity, which leads to further good consequences
(Orentlicher, 2005: p.777) (Hong, and S. Page, 2004:1638589) (Page, Scott, 2007)
(Rudman, L. A., R. D. Ashmore, and M. L. Gary, 2001) (Sklansky, 2006) (Cantor, Miles,
EL; Baker, LC, 1996; Barker, DC: 167-80) (Komaromy et al, 1996:1305-10). That
affirmative action corrects for biased criteria of merit and enables the identification of
the talented among the disadvantaged, thereby adding them to the labor pool (Purdy,
1984: 26-33) (Davis, 1983: 347-367).
2.7.3 Arguments against Reservation/Affirmative Action Policies
Affirmative action policies can be divided into two categories: first, argument that
Opposes affirmative action policies on moral principle (considerations of justice),
second, argument that opposes these policies on grounds of their bad consequences that
they are self-defeating, harmful, or inefficient.
Moral Principle is-- that affirmative action is "reverse discrimination" (Newton, 1989: pp.
311-315); that affirmative action violates the principle of merit (Walzer, 1983: pp. 143154); that affirmative action violates principles of compensatory justice (Gross, 1994:
255-260) and; that the use of race as a proxy for morally relevant variables is wrong
(Richard, 1998: pp. 249-280).
Social Utility focuses-- that affirmative action harms its intended beneficiaries (Steele,
1991 & Sowell, 1999); that affirmative action is socially divisive and leads to a
Balkanized society (Blackstone, 1975); that affirmative action is economically inefficient
(Loury, 1997); that affirmative action is an inefficient remedy for unconscious
discrimination (Wax, 1999); that the diversity defense of affirmative action cannot bear
the weight put on it (Ganglia, 2004) (Jim Chen, 1996) and; that diversity is better left to
private voluntary efforts than government management (Shuck, 2003).An earliest
statement against affirmative action that the success of the civil rights movement in
changing racial attitudes and legally abolishing discrimination, African-Americans can be
expected to follow the pattern of assimilation and upward mobility of white immigrant
groups, without needing special preferences. Adoption of affirmative action preferences
therefore represents a gratuitous assault on the colorblind principle, threatening a
return to the Balkanizing identity politics of the past. This has since changed his
assessment of affirmative action, in light of the failure of his optimistic prediction to be
realized after 20 years. All Multiculturalists reluctantly concedes the necessity for
affirmative action because persistent segregation and discrimination continue to prevent
blacks from realizing equal opportunity. An excellent instructional tool rare and vivid
demonstration of how empirical evidence can actually change someone's mind on a
passionately held moral issue (Glazer, 1975).
Affirmative action policies promote
incompetence and resentment against its intended beneficiaries. Cites data suggesting
32

that blacks admitted to elite institutions under affirmative action policies cannot
compete effectively there and would do better if they attended the lower-ranked
schools for which they are qualified. An international perspective on the issues (Sowell,
1990) and reverse racism." towards it (Cohen, and Sterba, James, 2003).
Comprehensive review of black progress in the U.S. white racism is largely a thing of the
past, and that blacks have made great progress since the civil rights era, largely due to
market forces. Remaining inequalities are due to problems such as low black
educational attainment, high crime rates, and black family structures, which affirmative
action cannot remediate. All race-based programs are not just affirmative action in
employment and admissions, but such measures as race-conscious election districting.
(Thernstrom, & Thernstrom, 1998). The Comprehensive critique of affirmative action
contains useful history of affirmative action in the U.S., and summarizes, with replies,
arguments in favor of these policies. Pojman's one of the most widely reproduced in
textbooks and anthologies, and is probably the single most useful paper for
undergraduate teaching that offers an overall review of the arguments against
affirmative action (Pojman, 1998: pp. 297-315).
2.7.4 Reservations/ Affirmative Action Policies and Practices in global arena
In some countries of the world, which have laws on racial equality, affirmative action is
rendered illegal by a requirement to treat all races equally. This approach of equal
treatment is sometimes described as being "race-blind", in hopes that it is effective
against discrimination without engaging in reverse discrimination. In such countries, the
focus tends to be on ensuring equal opportunity and, for example, targeted advertising
campaigns to encourage ethnic minority candidates to join the police force. This is
sometimes described as "positive action", as opposed to "positive discrimination".
Most of the countries in the world, which have some policy or provision of
reservation/affirmative action, can found especially the political reservation. But our
concern is to review the reservation policy provided on the basis of race, ethnicity and
caste. Thats why we will discuss only a few countries polices and practices about
reservation/affirmative action on the basis of race, ethnicity and caste here after.
2.7. 5 Indian Reservation : An Experiences and discourse
India, the largest democratic country has its 15% of seats in the Parliament of the
country, State Assemblies, Local Municipal Bodies and Village level institutions reserved
for Dalits (untouchable castes) or Scheduled Castes. Similarly 7.5% are reserved for
tribes or the aborigines. The election of Untouchables and Tribes candidates is by a Joint
or mixed electorate , which includes all religions voters like Hindu, Muslim etc and all
castes including Untouchables and tribes, vote. This is different from separate
electorate practiced in other countries. Two Indian states, Kerala and Bihar, have
parliamentary reserved seats for the Anglo-Indian community. Affirmative action has
historically been implemented in India in the form of reservation or quotas in
government positions, employment and education for all or Castes and minorities
(http://Hindu.com, Indian constitution)

33

Reservations are intended to increase the social diversity in campuses and workplaces by
lowering the entry criteria for certain identifiable groups that are grossly underrepresented in proportion to their numbers in the general population. Caste is the most
used criteria to identify under-represented groups. However there are other identifiable
criteria for under-representationgender (women are under represented), state of
domicile (North Eastern States, as Bihar and Uttar Pradesh are under-represented), rural
people, etc. -- as revealed by the Government of India sponsored National Family Health
and National Sample surveys.
The underlying theory is that the under-representation of the identifiable groups is a
legacy of the Indian caste system. After India gained independence, the Constitution of
India listed some erstwhile groups as Scheduled Castes (SC) and Scheduled Tribes (ST).
The framers of the Constitution believed that, due to the caste system, SCs and the STs
were historically oppressed and denied respect and equal opportunity in Indian society
and were thus under-represented in nation-building activities. The Constitution laid
down 15% and 7.5% of vacancies to government aided educational institutes and for jobs
in the government/public sector, as reserved quota for the SC and ST candidates
respectively for a period of five years, after which the situation was to be reviewed.
This period was routinely extended by the following governments and the Indian
Parliament, and no revisions were undertaken.
Later, reservations were introduced for other sections as well. The Supreme Court ruling
that reservations cannot exceed 50% (which it judged would violate equal access
guaranteed by the Constitution) has put a cap on reservations. However, there are state
laws that exceed this 50% limit and these are under litigation in the Supreme Court. For
example, the caste-based reservation fraction stands at 69% and is applicable to about
87% of the population in the state of Tamil Nadu.
2.7.6 History of the practice
Reservations in favour of Backward Classes (BCs) were introduced long before
Independence in a large area, comprising the Presidency areas and the Princely States
south of the Vindhyas. Chatrapati Sahuji Maharaj, Maharaja of Kolhapur in Maharashtra
introduced reservation in favor of backward classes as early as 1902 to eradicate poverty
from amongst them and to give them their due share in the State administration. The
notification of 1902 created 50% reservation in services for backward
classes/communities in the State of Kolhapur. This notification is the first Govt. Order
providing for reservation for the welfare of depressed classes in India.
The concept of untouchability was not practiced uniformly throughout the country, the
identification of OBCs is not an easy task. What is more, the practice of segregation and
untouchability prevailed more in the southern parts of India and was more diffused in
Northern India. An additional complexity is that there are certain castes/ communities,
which are considered as untouchables in one province but not in other provinces. Some
castes, based on traditional occupations, find place in both Hindu and non-Hindu
communities. Listing of castes has had a long history, starting from the earliest period of
our history with Manu. Medieval chronicles contain description of communities located in
various parts of the country. During the British colonial period, listings were undertaken
34

after 1806, on an extensive scale. The process gathered momentum in course of the
censuses from 1881 to 1931.
The Backward Classes movement also first gathered momentum in South India
particularly in Tamil Nadu. The continuous efforts of some of the social reformers of the
country viz. Periyar, Jyotiba Phule, Babasaheb Ambedkar, Chhatrapati Sahu ji Maharaj
and others, completely demolished the wall created by the upper classes between them
and the untouchables.
India is divided into many endogamous groups, or castes and sub-castes, as a result of
centuries of practicing a form of social hierarchy called the caste system. Proponents of
reservation policy says that the traditional caste system, as it is practised, leads to
severe oppression and segregation of the lower castes and limited their access to various
freedoms, including education. Caste, according to ancient scriptures such as "Manu
Smriti", is "Varnasrama Dharma", which translates to "offices given according to class or
occupation". "Varna" in Varnasrama (Varna + Ashrama)is not to be confused with the
same word meaning 'colour'. The practice of caste in India followed this rule.
2.7.7 Types of Reservation
Seats in educational institutions and jobs are reserved based on a variety of criteria. The
quota system sets aside a proportion of all possible positions for members of a specific
group. Those not belonging to the designated communities can compete only for the
remaining positions, while members of the designated communities can compete for all
positions (reserved and open). For example, when 2 out of 10 clerical positions in
railways are reserved for ex-servicemen, those who have served in the Army can
compete both in the General Category as well as in the specific quota.
a. Caste based
Seats are reserved for Schedules Castes, Scheduled Tribes, and Other Backward Castes
(based chiefly on caste at birth) in varying ratio by the central government and state
government. This caste is decided based on birth, and can never be changed. While a
person can change his religion, and his economic status can fluctuate, the caste is
permanent. In central government funded higher education institutions, 22.5% of
available seats are reserved for Scheduled Caste (Dalit) and Scheduled Tribe (Adivasi)
students (15% for SCs, 7.5% for STs). This reservation percentage has been raised to
49.5%, by including an additional 27% reservation for OBCs [10]. In AIIMS 14% of seats are
reserved for SCs, 8% for STs. In addition, SC/ST students with only 50% scores are
eligible. This ratio is followed even in Parliament and all elections where few
constituencies are earmarked for those from certain communities. In a few states like
Tamil Nadu, the percentage of reservation is 18% for SCs and 1% for STs, being based on
local demographics. In Andhra Pradesh, 25% of educational institutes and government
jobs for BCs, 15% for SCs, 6% for STs and 4% for Muslims.

b. Religion based
35

The Tamil Nadu government has allotted 3.5% of seats each to Muslims and Christians,
thereby altering the OBC reservation to 23% from 30% since it excludes persons belonging
to Other Backward Castes who are either Muslims or Christians.[11] The government's
argument is that this sub-quota is based on the backwardness of the religious
communities and not on the religions themselves.[11]
Andhra Pradesh's administration has introduced a law enabling 4% reservations for
Muslims. This has been contested in court. Kerala Public Service Commission has a quota
of 12% for Muslims. Religious minority status educational institutes also have 50%
reservation for their particular religions.
2.7.8 State of domiciles
With few exceptions, all jobs under state government are reserved to those who are
domiciles under that government. In PEC Chandigarh, earlier 80% of seats were reserved
for Chandigarh domiciles and now it is 50%.
2.7.9 Undergraduate colleges
Institutes like JIPMER have a policy of reserving postgraduate seats for those who
completed their MBBS in JIPMER. AIIMS used to reserve 33% of its 120 postgraduate seats
for the 40 undergraduate students (meaning everyone who had completed MBBS in AIIMS
was assured a postgraduate seat, which was judged illegal by a Court.
2.8.1 Reservation for Women
Exclusive women's educational institutions (eg. Women's colleges, Girl's schools, etc.)
This can be considered as atype of reservation for Widows and deserted women. 40 %
seat reservation in public bus transport in some states. Lower berth reservation in trains
for women travelling alone and women above 45 yrs. of age. There are separately arm
contingent for women. In Tamil Nadu there is a separate Women Commandos Regiment.
2.8.2 Other criteria
Some reservations are also made for: Sons/Daughters/Grandsons/Grand daughters of
Freedom Fighters, Physically handicapped, Sports personalities. Non-Resident Indians
(NRIs) have a small fracton of reserved seats in educational institutions. They have to
pay more fees and pay in foreign currency (Note: NRI reservations were removed from
IIT in 2003) Candidates sponsored by various organizations.
Those who have served in the armed forces (ex-serviceman quota) Dependants of armed
forces personnel killed in action. Those born from inter-caste marriages, Reservation in
special schools of Govt. Undertakings /PSUs meant for the children of their employees
(eg. Army schools, PSU schools, etc.). Paid pathway reservations in places of worship
(eg. Tirupathi Balaji Temple, Tiruthani Murugan (Balaji) temple), Seat reservation for
Senior citizens/ PH in Public Bus transport.

36

2.8.3 Relaxations
In view of the fact that several of the top undergraduate and graduate institutions in
India, such as the IITs, the IIMs are among the most selective in the world, it is not
surprising that most reservation criteria are applied at the stage of entrance
examinations for these institutions. Some of the criteria are relaxed for reserved
categories, while others are completely eliminated.
Examples include: The minimum high school marks criteria are relaxed for reserved
seats. For example in IIT JEE reserved category candidates scoring about 65% of the last
admitted general category candidate are directly offered admission. Candidates not
meeting this cutoff but scoring as low as half of this are offered admission to a one year
preparatory course. In AIIMS, for example SC/ST students are eligible only if they score
50%. But this 50% is not mandatory for the institute quota and in occasion the
Honourable High Court of Delhi had found that "AIIMS students, who had secured as low
as 14% or 19% or 22% in the (all-India) entrance examination got admission to PG
courses[12] Age Fees, Hostel Room Rent etc Tuition fees and room rent is waived. It is
important to note, however, that the criteria required to graduate from an institution
are never relaxed, although some institutions provide reduced load programs (such as
the ones at IITs) to meet the special needs of these students.
National Sample Survey's 1999-2000 (NSS 99-00) round estimated around 36 per cent of
the country's population is defined as belonging to the Other Backward Classes (OBC).
The proportion falls to 32 per cent on excluding Muslim OBCs. A survey conducted in
1998 by National Family Health Statistics (NFHS) puts the proportion of non-Muslim OBCs
as 29.8 per cent.[22].These surveys are considered as large by Oversight committee in its
final report and by Dr. Yogendra Yadav. Oversight committee has used these surveys
extensively in its final report.[13] State population of backward classes in NSS 99-00 can
be found in other section of this article.
2.8 .4 Arguments
There are several arguments provided both in support and in opposition to reservation.
Some of the arguments on either side are often disputed by the other, while others are
agreed upon by both sides, with a possible third solution proposed to accommodate both
parties.
2.8.5 Arguments offered by supporters of reservation
Although Reservation schemes do undermine the quality of education but still
affirmative Action schemes are in place in many countries including USA, South Africa,
Malaysia, Brazil etc. It was researched in Harvard University that Affirmative Action
programmes are beneficial to the under-privileged. [23] The studies said that Blacks who
enter elite institutions with lower test scores and grades than those of whites achieve
notable success after graduation. They earn advanced degrees at rates identical to those
of their white classmates. They are even slightly more likely than whites from the same
institutions to obtain professional degrees in law, business and medicine. They become
more active than their white classmates in civic and community activities. [24]

37

Although Reservation schemes do undermine the quality of education but still

Affirmative Action has helped many - if not everyone from under-privileged and/or
under-represented communities to grow and occupy top positions in the world's leading
industries. (See the Section on Tamil Nadu) Reservation in education is not THE solution;
it is just one of the many solutions. A reservation is a means to increase representation
of hitherto under-represented caste groups and thereby improve diversity on campus.
Although Reservation schemes do undermine the quality of education but still they are
needed to provide social justice to the most marginalized and underprivileged is our
duty and their human right. Reservation will really help these marginalized people to
lead successful lives, thus eliminating caste-based discrimination which is still widely
prevalent in India especially in the rural areas. (About 60% of Indian population stays in
Villages)
Anti-reservationists have made a gross mix-up between brain-drain and reservation.
Brain-drain is mainly attributed to the "want" to become richer very fast. Even if we
assume that reservation could be a fraction of the cause, one must understand that
brain-drain is a concept which is meaningless without nationalism, which is separatism
from humankind as a whole. If people leave the country whining about reservation, they
don't have enough nationalism and brain-drain does not apply to them.
There concerns among anti-reservationists about meritrocracy and aptly so. But
meritrocracy is meaningless without equality. First all people must be brought to the
same level, whether it elevates a section or delevels another, regardless of merit. After
that, we can talk about merit. Forward pople have never known to go backward due to
reservations or lack of "meritrocracy". Reservations have only slowed down the process
of "Forward becoming richer and backward becoming poorer". In China, people are equal
by birth. In Japan, everyone is highly qualified, so a qualified man finishes his work fast
and comes for labour work for which one gets paid more. So, instead of whining about
reservation, the forward people must be at least happy with the fact that they are
white-collared throughout their life.

2.8.6 Arguments offered by anti-reservationists

Reservations is the biggest enemy of meritocracy. By offering reservation through
relaxed entry criteria, we are fueling inflation of moderate credentials as opposed to
the promotion of merit based education system, which is the foundation of many
progressive countries. Meritocracy should not be polluted by injecting relaxation of entry
barriers, rather should be encouraged by offering financial aids to the underprivileged
although deserving candidates only. Today the IITs and IIMs hold a high esteem in the
global scenario due to their conservation of merit.
Caste Based Reservation only perpetuate the notion of caste in society, rather than
weakening it as a factor of social consideration, as envisaged by the constitution.
Reservation is a tool to meet narrow political ends. Affirmative Action can be provided
at a more comprehensive level taking into account various factors of exclusion such as
caste, economic conditions, gender, kind of schooling received etc. A comprehensive
scheme of Affirmative Action would be more beneficial than reservations in addressing
concerns of social justice. Such a system was in place in the Jawaharlal Nehru University
38

till 1983 [called the "Deprivation Points" system] and is used by both Universities and the
industry in the USA.
Allocating quotas is a form of discrimination which is contrary to the right to equality.
There is great confusion in the "pro-reservation camp". While they clamour for 33%
reservation for women in parliament and state legislatures (and do not accept caste
quotas as part of women's quotas), they do not want special consideration for women in
quotas in higher education. This is implicit acceptance of the fact that there are
multiple factors of exclusion and discrimination at work in society.
The policy of reservation has never been subject to a widespread social or political
audit. Before extending reservation to more groups, the entire policy needs to be
properly examined, and its benefits over a span of nearly 60 years have to be gauged.
Providing quotas on the basis of an accident of birth and not on the basis of competitive
merit will be discriminatory to talented students, and weaken the country's competitive
edge.
Poor people from "forward castes" do not have any social or economical advantage over
rich people from backward caste.
Combination of factors like Wealth, Income and Occupation etc will help to identify real
needy people. Most often, only the economically sound people make use of most of the
seats reserved for "backward" castes, thus making the aim a total failure.
There is fear that reservation once introduced will never be withdrawn even if there is a
proof for upliftment of Backward classes, due to political issues. For example, in Tamil
Nadu, forward castes were able to secure only 3% of total seats (and 9% in Open
Competition) in professional institutions at Undergraduate level as against their
population percentage of 13%. This is a clear case of reverse discrimination.
Many cite the Mandal Commission report while supporting the idea of reservations.
According to the Mandal commission, 52% of the Indians belong to OBC category, whle
according to National Sample Survey 1999-2000, this figure is only 36% (32% excluding
Muslim OBCs). This policy of the government has already caused increase in brain drain
and may aggravate further. Under graduates and graduates will start moving to foreign
universities for higher education.
2.8.7 Other notable suggestions
The following policy changes have been suggested in order to find a solution to the
problem. Some of these suggestions which transcend the pro- and anti-reservations
debate have been analysed in Suggestions by Sachar Committee15 Sachar Committee
which has studied the backwardness of Indian Muslims have recommended following
scheme for identifying real backward and needy people.

15

Tarunabh Khaitan, Transcending Reservations A Paradigm Shift in the Debate on Equality Economic
and Political Weekly (20 September 2008) 8

39

The Sachar Committee has also indicated that OBC Hindus presence in educational
institutions is almost equal to/close to their population. Indian Human Resources
Minister has immediately appointed a committee to study the Sachar Committee
recommendations on Indian Muslims but did not offer any comments regarding the other
suggestions.
It has been suggested that although caste is an important factor of exclusion at work in
Indian society, other factors such as gender, economic conditions, geographical
disparities and kind of schooling received cannot be altogether ignored. For example, a
child studying in a village or municipal school does not enjoy the same status in society
as another who has studied in an elite public school, caste notwithstanding. Some
academics have argued that a better system of Affirmative Action would be one which
seeks to address all the factors of exclusion at work in society which restrict a person's
competitive abilities. Notable contributions in this regard have been made by Professor
Purushottam Agrawal of the Jawaharlal Nehru University in the form of the Multiple
Index
Related
Affirmative
Action
[MIRAA]
system
(see
here:
http://www.sabrang.com/cc/archive/2006/june06/report3.html) and by Dr. Yogendra
Yadav and Dr. Satish Deshpande of the Centre for the Study Developing Societies [CSDS].
Suggestions from others
Diagram 3: Mark cretria
Marks based on Merit : 60
Marks based on Household Income (Irrespective of caste) : 13
Marks based on District in which person studied(Rural/Urban & Region : 13
Marks based on Family occupation and caste : 14
Total Marks : 100

Reservation decisions has to be taken based on objective basis: Emphasis

should be given to proper primary (and secondary) education so that groups
under-represented in higher education institutes and workplaces become natural
competitors.
The number of seats should be increased in the prestigious higher education
institutes (such as IITs). Government should announce long term plan to phase out
reservations. Government should promote inter-caste marriages16 in big way for
abolition of caste system as initiated by Tamil Nadu.17 This is because the basic
defining characteristic of the Caste system is endogamy. It has been suggested
that providing reservations to children born of inter-caste marriages will be a
surer way of weakening the caste system in society.

16
17

http://en.wikipedia.org/wiki/Reservation_in_India#cite_note-28
http://en.wikipedia.org/wiki/Reservation_in_India#cite_note-30

40

Reservations should be based on economic status instead of caste-basedreservations (But the middle class who get salaries will suffer and all the landlords
and business tycoons can enjoy the benefit) People who are tax payers or children
of tax payers should not be eligible for reservation. This is will ensure that
benefits reach poorest of the poor and India will achieve social justice. The
people opposed to this idea say that this will encourage people not to pay taxes
and will be an injustice to those who pay taxes honestly.
Using IT the government must gather latest data on caste wise population,
education attainment, occupational achievements, wealth etc. and present this
information to the nation. Finally conduct a plebiscite on this issue to see what
the people want. If there are significant differences what people want (as we can
see in this wiki) then the government can have different castes take care of its
own community by running their own educational institutions and providing
employment opportunities without any government interference.
2.8.8 South Africa's Experence
The Employment Equity Act and the Broad Based Black Economic Environment Act, aim
to promote and achieve equality in the workplace (in South Africa termed "equity"), by
not only advancing people from designated groups but also specifically disadvancing the
others. By legal definition, the designated groups include all people of color, white
females, people with disabilities, and people from rural areas. The term "black economic
empowerment" is somewhat of a misnomer, therefore, because it covers empowerment
of any member of the designated groups, regardless of race. It is quota-based, with
specific required outcomes. By a relatively complex scoring system, which allows for
some flexibility in the manner in which each company meets its legal commitments,
each company is required to meet minimum requirements in terms of representation by
previously disadvantaged groups. The matters covered include equity ownership,
representation at employee and management level (up to board of director level),
procurement from black-owned businesses and social assets, courses, amid others.
2.8.9 Malaysia's experience
The bhumiputra laws are a form of affirmative action meant to provide more
opportunity for the majority ethnic Malay population versus the historical financial
dominance of the Chinese population. However, Dr Mahathir whose previous approach
did not help them but spoiled them and scolded them during his tenure as a Prime
Minister that they should not rely on tongkat (cruthes) but by their own effort to
succeed in life. Malaysia is the best example in the south Asian region where the Malays
or Bhumiputras are a discriminated lot. In the 1970s when the Malays came to power
through a democratic process, they introduced a comprehensive Affirmative Action
Policy not only for education and employment but also for land ownership. A large chunk
of land was reserved for the Malays. Reservation also includes share capital and equity
done through a national trust that gives money to private corporations to treat it as
equity capital on behalf of the Malays. The Malays stake in the companys share capital
has increased from 2 per cent to 30 per cent (Ghimire, 2000) till 2006.

41

2.9.1 Brazilan experience

Some Brazilian Universities (State and Federal) have created systems of preferred
admissions (quotas) for racial minorities (blacks and native Brazilians), the poor and the
handicapped. China, allows non-Han ethnic groups to be exempt from the One Child
Policy, and there is a quota for minority representatives in the National Assembly in
Beijing, as well as other realms of government. Indonesia, affirmative action programs
give natives of Malay origin (Pribumi) preference over the Indonesian Chinese in the
country. Fiji provides for the election of specific numbers of Members of Parliament on
the basis of three racially-defined constituencies: the indigenous Fijians, the Fijian
Indians and the "General" electorate. (Constitution of Fiji: Chapter 6).
2.9.2 Japanies experience
Marks for universities and all the governments position (including teachers) are
determined by the entrance exam, which is extremely competitive at the top level. It is
illegal to include sex, ethnicity or other social settings (but not nationality) in criteria.
Though, there are informal policies to provide employment and long term welfare
(which is usually not available to general public) to Burakumin at municipality level.
2.9.3 New Zealand
Reserves a proportion of its parliamentary seats for the representation of persons
electing to register on a separate Maori roll. The number of seats depends upon the
number of people on the roll there are currently seven (Maori seats). New Zealand,
individuals of Maori or other Polynesian descent are often afforded preferential access
to university courses, and scholarships.
2.9.4 Poland's
Constitution guarantees the parliamentary representation of ethnic minorities. The
Brussels Regional Parliament includes 17 reserved seats for the Flemish minority, on a
total of 89. Slovakia, the Constitutional Court declared in October 2005 that affirmative
action i.e. "providing advantages for people of an ethnic or racial minority group" as
being against its Constitution.
2.9.5 United State of America
The Affirmative Action Policy started in 1964 after the enactment of the Civil Rights Act.
The USA calls the quota system - target and numerical balance. Therefore, reservation
and affirmative action policies are just a mechanism to provide a fair access to the
discriminated. Its the same story for Northern Ireland, Malaysia, South Africa and
Pakistan. Besides this, 52 countries have introduced reservations in the government and
private sector. Only, in India has massive private sector is excluded from this policy. 70
per cent Indian Dalit of those belonging to the Scheduled Castes live in rural areas that
depend on agriculture and the rural non-farm sector that has no policy reservation but
where discrimination abounds. Reservation ought to be extended to the private sector to
correct the mistake India made in 1940s.
42

The policy exists precisely because of the discrimination in the private sector in terms of
civil and political rights, discrimination in markets, land and capital, education and
social services most essential. Its a riddle as to there should be a reservation or antidiscriminatory policy in the private sector as well. Some kind of an anti-discriminatory
policy for the private sector is a necessity for scientific model of reservation. Demerit of
the Indian reservation model is that there is no any provision in private sector.
It is really difficult to say that the reservation has helped or that it is a relevant policy.
Are these serious arguments given by the private sector? Reservation exists in
government services, insurance, public sector undertakings, in educational institutions
among the faculty and recruitment of students, and also in public housing. Then, there
are finance corporations that provide finances to Dalit and to start businesses.
Obviously, it should analysis that what are the strengths and weaknesses on the grounds
of reservation in system approach & cross-sectional analysis.

43

CHAPTER 3
METHODOLOGIES
3. 1 Theoretical Framework
The Study team foremost reviewed the research documents and literatures. It had
divided into two areas; one was India and next within Nepal. For collecting information,
a focused-group discussion followed by Interview with governments and nongovernments staffs was conducted. A semi-structured checklist questionnaire was
developed and administered in order to configure both the methods. Additionally,
interactions were also conducted with the dalits scholars, students, political parties and
privates institution. Further, interactions held with the governments and nongovernments officer directly involved in the activities. The overall methodology adopted
for this review is presented in the diagram.
The reservation theoretical framework is the core of sustainable reservation approach
and serves as an instrument to study reservation for Dalit by visualizing the main factors
of influence. Like every model, the reservation framework is a simplification and does
not represent the full diversity and complexity of reservation.
In its simplest form, the framework depicts governments as operating a reservation in
dalits, within which they have access to certain sectors. In other words, the framework
provides a checklist of important issues and sketches out interrelationship, while it
draws special attention to core influences and process and their multiple interactions in
association to dalit reservation.

44

Diagram 4: The Methodology Flow Chart

Literature
Review of
International
practice on
Reservation
and Nepal
Government.

Group
Discussion

In-depth
Interview/
Interaction

Observation

Compilation of all
Information/
Synthesizing

Findings,
Recommendations
and Conclusion

3.2 Dalit Caste Groups

The National Dalit Commission has identified and listed the Dalits of Nepal in it's
officially documents for 2002 AD. The following 21 Dalits Castes are identified by the
National Dalits Commission on the category of Hill origin, Madhesi origin and Janajati
origin.18

18

National Dalits Commission, 2008

45

Diagram 5: Dalit caste as terai and Hill Origin:

Hill Origin
Madhesi Origin
1. Badi 2. Damai 3. Gaine 4. Kami 5. 1. Bantar 2. Chamar 3. Chidimar. 4.
Sarki
Dhobi (Hindu) 5. Dom 6. Dusadh 7.
Halkhor 8. Kakaihiya 9. Khatbe 10.
Khatik 11. Kori 12. Mushar 13. Pasi 14.
Pattherkatta 15. Sarvanga 16. Tatma

Diagrma 6: Dalit Reservation Framework:

a. Reservation Sectors :
There are two mechanisms in state; one of them is government and private/nongovernment. These two mechanisms are two wings of the bird and it could not go
way to say bye or crossing the mainline. Reservation should be diverted into
education, livelihoods, banking and insurance, employments/opportunities, finance
and shareholders, investment and land, and social sectors.
b. Policies institution processes :
Policies, institutions and processes have a central position within the reservation
framework. They are of central importance as they operate at all levels and
effectively determine access. They directly affect the reservation as policy can
influence ad determine ecological or political trends, by containing effects or
strengthening of government policy. Policies and institutions also create direct
incentives for the selection of a reservation strategy. An institution such as a caste
system can have restricting effect s on the strategies of dalits caste or individual
dalit; and an anti discrimination legislation can mitigate social exclusion and open up
new reservation opportunities.

46

3.2 Data Collection and Processing

There were two different sources of information for this Research; one of them was
primary and secondary. The research was based on the primary data as a key source of
information and the primary data were collected from the field study through
interacting and discussing with governments and non-governments/private sectors,
individuals dalit scholars/activist, using non-structuring checklists. Next was secondary
information/literature review and practices into reservation of different countries.
Relevant literature was collected for research and reference by the Research Team.
Research was also conducted for relevant materials. This literature reviewed has been
referenced in the last section of this report.

47

CHAPTER - 4
4. DATA ANALYSES
Dalit The root of the word dalit is a snaskrit word Dal which means, to split, crack or
open.Dalit, according to Nepali brihad sabadakosh, a vocabulary of khas-Nepali
language, means things or persons who are cut, split, broken or tom asunder, dotted or
trampled and destroyed. Other meanings of Dalit include people sunk in the swamp
or people deliberately exploited, violated and destroyed. Common people, rulers
and rights-based activists use the term in different ways demonstrating that there has
been politics in the definition of the term Dalit. In the past, common people referred
them with many offensive terms in Khas Nepali language.
Proposed bill of National Dalit Commission, 2003, it is stated (NDC 2004: 239): Dalit
community refers to caste-community listed in Annex-1, who have been kept far behind
in social, economic, educational, political and religious spheres and are deprived of
human dignity and social justice due to caste-based discrimination and untouchables.
The commissions further states,Caste-based untouchables refers to any discriminatory
practices against the community as water polluting, purification requiring, castes in the
Nepali society or community that was identified as untouchables by Muluki Ain
(National Civil Code) before implementation of the National Civil Code of 1963.
One of the key recommendation to improve the understanding of the Dalits, a report
prepared by DFID and The World Bank is, A lingering hestations of use the term Dalit
or to name caste-based discrimination head-on-and a preference for euphemisms only
serves to confus issues pertaining to Dalit rights. The term Dalit should be accepted
universally (Emphasis our) (DFID and the World Bank 2006:59). Dalit is a condition
characterized by caste-based discrimination including untouchables. Therefore, the term
should be used as long as such discrimination exists. There is no need to use this term
when such a condition no more exists.
Dalit Identification : Dalit castes identification depends on the definition of Dalits.
Alexander Macdonald (1984:282) has cited a list of untouchables castes identified by the
Muluki Ain (National Code) of Nepal ( go to Gorkhapatra Press 1952:207). It identified
two categories of Dalits, which are as follows:
y Castes from whom water is not acceptable, but contact with whom does not
require purification by sprinkling of water are;
Chudara, Dhobi, Kasai, Kulu, Kusle, Madhesheska Teli, Mlechchha, Musalman
y

Castes from whom water is not acceptable and contact requires purification by
sprinkling of water as well are:
Badibhad, Chyamkhalak, Damai, Chunara, Gaine, Hundke, Kami, Pode, Sunar,
Sarki.

48

Dalit Sub Castes and their traditional occupation: The National Dalit Commission
prepared a study report on the definition of Dalit and a list of Dalit castes in 2003. The
report has provided some Dalit sub-castes, surnames, and their respective traditional
occupations.
Diagram 7: Dalit Sub Castes and their traditional occupation
S.N

Caste

1.

Hill Dalit
Kami

SubSurnames
castes
Kami

Agri, Acharya, Afaldhoti, Od,

Kasara Kallohar, Kalikote, Kaliraj,
Gahatraj(Gahate),
Sonar Gadal,
Kumarki,
Kaini,
Koli, Koirala,
Lohar
Khadkathoki, Khapangi, Khati,
Od
Chuna Gajamer, Gajurel, Gadilee, Giri,
Gotame, Gawa, Jandkami, Tamata
ra
Niraula,
Nepal,
Parki (Tamrakar),
Tama Panthi, Pokharel, Poudel, Poudeli,
Baraili (Baral, Barali), Sripali,
ta
Diyali, Dudhraj, Bhusal, Bhool,
Mahilipar, Rahapal, Rajilauhar,
Sapkota,
Sigaure,
Sijapati,
Setipar, Ramdam, Rijal, Lwagun,
Sonam,
Hemchuyuri,
Tiruwa,
Ghatani(Ghatne), Ghamal, Gharti,
Ghimire, Ghamchatla, Chunar,
Chhistal,
Thagunna,
Thatara,
Nagarkoti, Pallaya, Parajuli, Potel,
Buchebhale, Bhatta, Bhattarai,
Mahar,
Rasaili,
Suchyuri,
Sundhuwa,
Setisuruwai,
Setimahar,
Sashmahar(Sadshankar),
Serela,
Lamgade, Sob, Ruchal, Pahari,
Padhyabati, Lamakarki
2.

Sarki
Achhami,
Uparkoti,
Upretti,
Kamar, Kisan, Koirala, Khatiwada,
Giri, Gaire, Gairipipal, Gathe,
Char
makar Ghimire, chnad, Gotame, Chudal,
Bhool Chuhan, Thagunna, Chhamarki,
Thaurasya,
Thadarai,
Dale,
Tolangi(Tolange), Thak, Thapaliya,
Thapa, Daulakoti, Dhaulakoti,
Dabe, Dahal, Dulal, Dhamel,
Mijar

Traditional
Occupation
Metal works
Make
khukuri,
agricultural tools
Ornaments works
Iron works
House construction
Wooden utensils such
as Theki
Bamboo; doko
Copper utensil

Leather Works
Honorary title granted
by the rulers
Produce
leather
products
Produce
leather
products

49

Dhamala, Payeli, Purkoti(Purkuti,

Purikoti), Pulami, Poudel, Dasel,
Bamarel, Bayelkoti, Bishunkhe,
Bastakoti,
Bogati,
Bhagyal,
Bheyel, Bhool, Bhurtel, Bhipal,
Mangrati,
Majakoti,
Malbul,
Malchok, Mudel, Ramtel, Ruchal,
Raut, Roila, Roka(Rokka), Lamjel,
Lamsal, Sahi, Srimali, Siraute,
Surkheti, Sanjel, Sanjawal, Hamal,
Hitang.
3.

Damai/Dholi

4.

Gaine

Play
Panche
Baja
musical
instruments
during marriage and
on
auspicious
occasions
Pariya Adhikari, Asasaya, Auji, Kanal Tailoring
r
(Kandel),
Katuwal,
Suchi Karkidholi(Mudula, Sutar, Lama, Tailoring
Khulal),
Kalakheti,
Koirala,
kar
Khati,
Guide Play Nagara musical
Ngara Khatiwada,
(Guindel), Gautam(Gotame, Siwa), instrument
chi
during
Ghale, Gurung, Cahar, Chuhan, special occasions in
Jairu, Thagunna, Thatal, Daude, temples and palace
Dholi Dhyakee, Tiwari, Trikatri, Thapa, Governments
Darnal, Das, Nagarchi, Negi, messenger to inform
Nepal, Naudag, Chudal, Pant, community people by
Panchkoti, Bardewa, Bagchand, playing Dhol
Baiju,
Budhathoki, Play hudke musical
Hudke Bagdas,
Budhaprithi, Bhandari, Bhattarai, instrument
Bhitrikoti, Bhusal, Magar, Mote,
Mahara, Male, Rajabar, Ranapaili
(Ranapal, Ranapaheli), Rana, Rai,
Raingai,
Raika,
Ryainjhyain,
Lapre, Lamghate, Luitel, Shildhar,
Sunam, Sundas, Suncheuri, Sahi,
Samundri
(Sai,
Saisamundri,
Samundrasai), Suji, Hingmang,
Hudke, Aptarya, Ghalek, Bhedikar,
Betuwa, Dharal, Retan, Bitaula,
Nagarkoti,
Yagne,
Ghatani,
Bhende Siba, Kekhure Siba,
Sungure Siba, Damai Pariyar,
Ratnapariyar, Achhame Pariyar,
Chhinal Pariyar, Thak Pariyar,
Nakadholi.
Adhikari, Kami, Kalakausik, Kala Singing by playing
Paudel, Kalichan, Gosain, Jogi, sarangi
musical
50

5.

Badi

Thakuri,
Turki,
Bahun,
Budhathoki, Baikar, Badhyakar,
Bestha, Bista, Bogatai, Bhusal
(Parbate), Maheswar, Biswakarma,
Bishnupad,
Raisamundra,
Sursaman, Setaparbat, Setichan,
Kookchin Rana.
Khati, Rasailithapa, Rasaili, Lekali,
Chhinal, Baral, Thakur, Rana,
Kumal, Khadka, Jogi, Bote,
Upadhyaya,
Rijal,
Singha,
Shrestha, Paudel, Adhikari, Kami,
Damai, Badsaha, Khan, Dhital,
Niraula

instrument

Produce
musical
instruments such as
Madal, Dholak, Clay
Products
such
as
Chilim, gagri

Madhesi Dalit
6.

Chamar/
Harijan/Ram

7.

Musahar

8.

Dusadh/Pas
wan

9.

Tatma

10.

Khatbe

11.

Dhobi
(Rajak)

12.

Bantar
(Sardar)
Chidimar
Dom

13.
14.

Ram,
Mochi,
Harijan,
Rabidas,(Raidas), Cgamara, Mahar,
Mahara, Mehara, Raut, Bhagat,
Das,
Bajar,
Bagh,
Dhusiya,
Daswatiya, Madhesiya
Sada, Sadaya, Rishidev, Rishikul,
Raut,
Trihutiya,
Madhaiya,
Kharpuria, Satnapuria, Kauchhi,
Gharmunta,
Pachharu,
Mudi,
Macharu
Paswan,
Hajari,
Madhaiya
(Magaiya),
Kurmi,
Kamhar,
Paliwar, Kurna, Dar, Sarjaha
(Surajiya), Panjiya, Pakhir Daid,
Suryabanshi

Lether works

Collect Food Grains

from holes in the farm

Godayit (Messenger)
of
social
events,
village watchman

Weaving
clothes,
spinning, carry Doli
during marriages
Mandal, Tirhutia, Badaha, Kyotar, Weaving
Parasa, Pokharbhinda, Hasuliya,
Newar, Nanaud, Bake
Kanujiya,
Madhaiya,
Belbar, Wash clothes
Surjaha, Tamoli, Tirhitiya, Turtuk,
Dhoiba, Baitha, Rajak, Pathik,
Safi, Arya
Rajdhami, Dhami, Sardar, Majhi, Soil works
Raut, Bant
Hunting birds
Kothita,
Makhaita,
Talwar, Bamboo
Products;
Chachewar, Kolniyar, Sanparaya, play
musical
Ghatait, Amleriya, Mahawaita, instruments;
cut
51

15.

Mestor/Halk
hor

16.
17.
18.

Patharkatta
Kakahiya
Khatik

19.

Kori

20.

Pasi

21

Sarvanga/
Sarbariya/
Kalar
Unidentified
dalits

22.

Balgachhiya, Kanoon, Bakhatiya, umbilical cords during

Modaliya, Jhojhawa, Chirmiya, child birth, dig burial
Bhalwati, Baisi, Baswar
place,
burn
dead
bodies
Jamadar, Raut, Sariswai, Turka, Cleaning streets
Amariya,
Dahaiya(Darwe),
Panpuri,
Bakhariya,
Mahar,
Mestar, Halkhor
Stone products
Chandal,
Barawa,
Bhogariya, Deer leather works
Bachara, Chaula, Khirahi, Tawada,
Chamariya, Taki, Dayama, Bagadi
Purbiya, Pachhimha, Chamara, Weaving Clothes
Kotchama, Dakhinaha, Bahiryinya
Liquor
production
from Tadi tree
Begging

4.1 Dalits Population

According to the last census of 2001, the total population of Nepal is 22,736,934 with
49.9 percent male and 51.1 percent female population. The leaders of the Dalit
movements and experts on Dalit issues estimate that the Dalits comprise one fourth of
the total population of Nepal. However, the census of 2001 shows that it is 14.99
percentages. The census data do not provide factual population data of the Dalits,
indigenous people and Madhesis for a number of reasons; such as hiding as, hiding
identity due to fear of backlash, lack of awareness among Dalits, lack of representation
of Dalits in technical committees, trainers, supervisors and enumerators, and lack of
reorganization of some dalit castes such as Khatik, Kakahiya and Sarvang. Due to lack of
credible alternative population data, government, donors, I/NGOs and academics use
and rely on census data in spite of its flaws relating to Dalit Population.
Table 6. Population of Caste/Ethnicity by Sex
S.N. Caste/Ethnicity
Total
Female
A.
Population of Nepal
22,736,934 11,377,556
I
Dominant Hill Caste
7,023,220
3,558,947
II
Indigenous Nationalities
8,271,975
4,181,136
III
Madhesi High Caste
2,802,187
1326,303
IV
Muslim
975949
471624
V
Other
265,721
130954
VI
Unidentified Caste/Ethnic 231641
115072
VII
Dalit
2751975
1393493

Male
11,359,378
3,464,273
4,090,839
1475,884
504325
134767
116569
1356634

Percentage
100
30.89
36.31
12.30
4.29
1.16
1.02
14.99
52

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15
16.
17.
18.
19.
20.
21.

Hill Dalit
Kami
Sonar
Lohar
Damai/Dholi
Sarki
Gaine
Badi
Sub-Total
Madhesi Dalit
Chamar/Harijan/Ram
Musahar
Dusadh/Paswan
Tatma
Khatbe
Dhobi
Bantar
Chidimar
Dom
Mestor/Halkhor
Patherkatta
Kakahiya
Khatik
Kori
Pasi*
Sarvang/Sarbariya/Kalar@
Sub-Total
Unidentifies Dalit

895954
145088
82637
390305
318989
5887
4442
1843302

463017
72757
40367
201976
165308
3030
2290
948745

432937
72331
42270
188329
153681
2857
2152
894557

3.94
0.64
0.36
1.72
1.40
0.03
0.02
7.11

269661
172434
158525
76,512
74972
73413
35839
12296
8931
3621
552
N/A
N/A
N/A
N/A
N/A
735272
173401

130783
84393
76352
36,906
36329
35063
17700
5780
4300
1773
266
N/A
N/A
N/A
N/A
N/A
356410
88338

138878
88041
82173
39,606
38643
38350
18139
6516
4631
1848
286
N/A
N/A
N/A
N/A
N/A
377014
85063

1.19
0.76
0.70
0.34
0.33
0.32
0.16
0.05
0.04
0.02
0.00
N/A
N/A
N/A
N/A
N/A
3.24
0.76

Source: Census of 2001 Note: * The Census data does not provide separate population data of Pasi and
NDC has identified it as a separate Dalit caste.
@ Kalar, Sarvanga and Sarbariya is the same Dalit Caste.

a. Historic development of discrimination in education:

Hindu ideology and caste system deprived Dalits from education fro centuries.
According to the Manus four-fold Varna based on ascribed division of labor,
Brahmins, being at the top of the caste hierarchy, had monolopy in reading and
writing but Sudras, being at the bottom of the hierarchy had responsibility of menial
works and they were strictly prohibited from reading and writing. The Manusmriti,
one of the main Hindu religious scriptures, clearly mentions that untouchables should
not get education, if they read, their tongue should be cut; if they listen, melted
lead should be poured in their ears. Reading and writing were taken as a matter of
pleasure or rituals (Sharma, 1993). The Lichchhavi rulers (250-878) excelled in
cultural and architectural heritage but paid little attention to education of common
people (Koirala, 1996:42-43). Malla rulers (879-1768) showed some interest in
educating people, but it was confined to high caste people (Koiral, 1996). The
objectives of education were cultural, rituals and ceremonials. King Prithivi Narayan
53

Shah (1769-1831) intergrated Nepal territorially, but he continued to respect the past
tradition of Varna and caste system. The Rana rulers (1846-1950) had absolutely
negative attitude towards peoples education. They thought that schools, students
and educated people are threat to their absolute rule. Therefore, they apposed to
establish schools. A Rana ruler, Prime Minister Janga Bahadur Rana introduced
western type of schooling after his visit to Europe. But it was limited for the Rana
family members only. They established some schools and colleges just to get
international respect, because of demand of people, and to develop human resources
for the administrative works. Its outcome was that 98 percent of the Nepalese people
were illiterate by the year 1950. Education experts estimated that less than 100
Dalits were fortunate enough to be literate before the year 1950 (Koirala, 1996:4344).
The autocratic Rana rule was overthrown in 1950 by political movement led by Nepali
Congress. As democracy was established in 1950, self-motivated people from
communities opened schools and got assistance from the government. Schools began
to mushroom due to peoples rising awareness on education. Many Dalits went to
schools wherever it was accessible and teachers were tolerant towards Dalits in
schools (Koirala, 1996:45). Nepal again suffered from autocratic rule in 1960 as King
Mahendra banned political parties, dissolved parliament and began party-less
Panchayat political system. During this period there was no special encouragement
for the education of Dalits, except tuition waver in college education. Schools were
expanded in each ward of Village Panchyats and as result, number of Dalit children
began to attain the schools. It is difficult top get quantitative figures as the
government did not provide caste/ethnic disaggregated data (Koirala, 1996).
After the restoration of democracy in 1990, the expansion of education took place
remarkably. The Government started to provide free primary level education to all
children. The Government initiated special programs to increase school enrollment
by distributing oil wheat flour to families who send their children to schools. After
Maoist insurgency of 1996, government provided relief quota to teachers and
government funding support to schools in conflict affected part of the country. The
Uppechhit, Utpidit Dalit Barga Bikas Samiti, a government funded automous
organization, provided scholarship to Dalit students to pursue secondary level
education. Ministry of Education provides reservation to Dalit students for admission
in medical (MBBS) education in Nepal.
The literacy rate of Dalit was 17 percent in the census of 1991 and it has doubled to
33.8 percent in the census of 2001. though doubled, it is less than the national
literacy rate of 53.7 percent and far les than literacy rates of Bahun (74.9%),
Kchhetri (60.1%), Newar (71.2 percent), Baniya (67.5 percent), Kayastha (82 percent)
and Thakali (75.6 percent). Literacy rate of Madhesi Dali is even more miserable than
of the Hill Dalits as it is only 21.1 percent (Sherpa, 2006).

54

Table 7. Literacy Rate and Education by Caste/Ethnicity

Caste/ethnicity
Literacy
rate S.L.C. and above
(above 6 yrs)
Nepal
53.7
17.6
Brahaman/Kchhetri 67.5
24.7
Terai/Madhes
41.7
16.7
Dalit
33.8
3.8
Ethnic groups
53.6
12.9
Religious minority
34.5
9.0

Bachelor
above
3.4
5.4
2.7
0.4
2.0
1.6

and

Source: NLSS-II, 2004, GSEA Report 2005

As the pool of literacy is low, the numbers of Dalits who have passed S.L.C. and
above is even less. The national average of S.L.C. education and above education
is 17.6 percent, but among Dalits, it is 3.8 percent only. National average of
Bachelor and above degree is 3.4 percent but there is 0.4 percent of Dalit.
Table 8. Percentages of Educational Status by Dalit Caste Groups and Sex
Dalit Caste Groups
6 years and above of Bachelor and above
schooling
Men
Women Both
Men Women Both
Dalit
43.7
24.2
33.8
0.5 0.7
0.8
Hill
52.9
31.4
41.9
0.5 0.4
0.5
Kami
53.1
31.4
41.8
0.5
0.1
0.4
Damai
55.0
35.0
44.6
0.4
0.1
0.3
Sarki
49.9
28.8
38.9
0.3
0.1
0.2
Badi
47.1
32.0
39.2
0
0
0
Gaine
62.3
32.1
47.5
0
1.1
0.5
Medhesi Dalit
30.1
11.5
21.1
0.7 0.3
0.6
Charmar
27.9
9.0
18.9
0
0
0
Musashar
9.8
3.8
6.9
0.3
0.3
0.3
Dusadh
28.5
8.6
19.1
0
0
0.2
Tatma
33.0
10.2
22.2
2
0
1.6
Khatwe
26.4
7.2
17.2
0.6
0
0.5
Bantar
35.9
10.2
23.4
0.2
0
0
Dom
14.9
5.2
10.3
0
0
0
Chidimar
34.0
14.9
25.1
0.2
0.6
0.3
Dhobi
46.5
19.1
33.6
2.1
0.9
1.8
Halkhor
38.1
21.7
30.1
0
0
0
Unidentified Dalits
47.6
23.9
35.5
0.7
0.2
0.6
Source: Acharya, 2007

Educational development of different Dalit castes varies enormously. Literacy rate of

the Hill Dlaits is 41.9%, but of Madhesi Dlaits it is 21.1 percent (Table 8). It is not only
among Dalit castes, but also among all the other low-castes and ethnic groups.
Musahars literacy rate is the lowest with 6.9 percent. A literacy percentage of most of
the Dalit caste groups is below 1. Dalits with B.A. and above degree is less than 1
55

percent, except Tatma with 1.6 percent and Dhobi with 1.8 percent. Percentages of
Badi, Chamar, Bantar, Halkhor with B.A. and above degree are zero. Dalit womens
literacy rate and education is less than that of Dalit men.
The Government has brought some special measures targeting Dalits, but these are not
sufficient to address the magnitude of educational marginialization of the Dalits. Dr.
Bidhyanath Koirala, an expert of education and Dalits, categorized discrimination against
Dalits in four categories:
Diagrma 8: Poverty by caste and ethnicity:

Source: World Bank/DFID, Unequal Citizens: Gender, Caste and Ethnic Exclusion in Nepal (2006).

56

4.2 Caste and Ethnic Composition in the Political arena:

Three general elections of HoR were completed after restoration of democracy in 1990.
In the first General Election, out of the total 1,345 candidates for 205 seats of HoR, 18
(1.33%) candidates were Dalits. Only one (0.48%) Dalit candidate won the election (Table
9). In mid-term election in 1994, out of the total 1,442 candidates, 19 (1.31%) Dalit
candidates contested the election; none of the Dalit candidate won the election.

56

Table 9: Participation and Representation of Dalits in the HoR and CA election

Year
Candidates
Elected
1991
1994

Total
1345
1442

1999

2238

Number
(17p* and1I*) 18
(9 p* and 10 I*)
19
(66 p* and 23 I*)
89

%
1.3
1.3

Total
205
205

Number
1
0

%
0.48
0

205

601 (240+335+26)

50
8.31
(FPTP+PR)
51
8.79

2007 (CA)
Total

5025

126

2.5

615

Source: Election Commission, 2005 and 2007

Note: P: From party and me: Independent, FPTP (First past the poll), PR (Propatational Representation)

In General Election of 1999, Dalit candidates comprised 4% of the total candidates but
again none of them won the election. Clearly, insignificant number of Dalit candidates
contesting election from party tickets and independent Dalit candidates comprising 27%
Diagram 9 : Caste composition of Nepali Parliament/CA election:19922008

Source: Pariyar, Govinda 2009.

of Dalit candidates is discouraging. In the historical Canstution election there are 50

Dalits candidate elected Both FPTP and PR electroal System From the majer political
parties, it is only 8.31 per cent on CA. It is evident that political parties are not willing
to provide tickets to the Dalit political leaders/workers.

57

Table 10: Percentages of Caste/Ethnic Composition of the House of Representatives with 205
Members by Years.
Caste /ethnicity of members of
the House of Representatives

Year 1991

Year 1994

Bahun/chhetri
Newar

56.7
(37.6/19.1)
06.8

61.7
58.1
(42.0/19.5) (37.6/20.5)
06.3
06.8

Hill ethnic groups

15.2

12.2

14.7

Tarai communities

21.0

20.0

19.5

Others

2.9

2.0

2.5

Total

100

100

100

Year 1999

Source: IIDS. 2000.

Bahun/Chetri comprised 56.7%, 61.7% and 58.1% of the 205 elected members of HoR in
the years 1991, 1994 and 1999 respectively. Dalits are invisible in the Parliament; except
a Dalit member of HoR in 1991, there was always a zero representation of Dalits in the
HoR in General Elections of 1994 and 1999.
Table 11: Representation of Various Castes and Ethnic Groups in Cabinet from 1951
to 2005
Caste/Ethnic
Cabinet

Cabinets
groups No.
Ministers

of Percent

Brahman
352
27.0
Chhetris/Thakuris
366
28.1
Newars
131
10.1
Brahmins/Chhetri/Newars 849
65.2
Madhesis
198
15.2
Hill Social Groups (HSGs)
227
17.4
Others
28
2.2
Madhesis/HSGs/Others
453
34.8
Total
1302
100.0
Source: Nepal center for contemporary studies (NCCS), 2005

Percent of total
population in
2001

Proportional
share
index
(PSI)

12.7
17.3
5.5
35.5
22.0
29.0
2.5
64.5
100.0

2.13
1.62
1.84
1.84
0.46
0.60
0.88
0.54

Dalits representation in Executive body of the state is not better than in the Legislative
body. The data of cabinet members from 1951 to 2005 reveals that out of the total 1,302
cabinet Ministers, Bahun/Chhetri/Newar were predominantly represented (65.2%) and
Madhesis, Hill Social Groups and Others remaining 34.8%. The latter groups population,
according to the census data, is 64.5%. After the Peoples Movement of 2006, 3 Dalits
became Ministers (2 Full Ministers and 1 Minister of State) in the Interim Government.
In the current Interim Government, out of 24 Ministers 2 (9%) sub- Ministers are Dalits. It
is an encouraging sign for the Dalits. Dalits have zero representation in administrative
leadership positions. Bahun/Chhetri and Newar monopolize (93.6%) of CDOs, Secretaries
and senior officials.
58

Table 12: Caste/Ethnic Composition of the CDOs

Years

Caste/Ethnic Groups
Madhisi
Dalit

Bahun/Chhetri

Mongol/Kirant

Newar

Others

Total

1995

28 (65.5)

7 (16.2)

3 (6.9)

0 (0)

5 (11.6)

0 (0)

6 (5.4)

0 (0)

0 (0)

-1.5

13
(11.8)
+0.2

43
(100)
110
(100)
100

1999

90 (81.8)

1 (0.9)

Differenc
e (%)

+16.7

-15.3

Source: Adapted from Neupane, 2000

Figures in parentheses are percentages

Dalits are invisible in integrated index of governance. As is evident, of the total 1,011
leadership positions in Judiciary, Constitutional Bodies and Commissions, Council of
Ministers, Public Administration, Legislature-Parliament, Political Parties, DDC
Presidents, Municipality Industry and Trade, Education, Culture, Science and
Technology, Civil Society Sector; Dalits representation is 0.3%. All these institutions are
important as they play crucial role in the decision-making and implementation of plans
and programmes from national to local levels.
Table 13: Integrated National Caste/Ethnic Index of Governance (1999)
Organization
Judiciary
Constitition Body and
commission
Councial of Ministers
Public Administration
Lagislature
Leadership of Political
Parties
DDC President,
Municipality Mayour,
Vice-Myor
Leadership in Industry
and trade sector
Academic and
professional
leadership in the
education sector
Academic and
Professional
leadership in the
cultural sector

Bahun/Chhetri

Caste/Ethnic Groups
Mongol/Ki Madhisi
Dalits
rat

Newar

Othe
rs

Total

181

18

32

235

14
20
159
97

2
4
36
25

3
5
46
26

0
0
4*
0

6
3
20
18

0
0
0
0

25
32
265
165

106

23

31

30

191

15

20

42

75

11

97

85

22

113

59

Science and
techonology
Leadership in the civil
society sector
Total
xPercentage
Percentage of the
Population of Nepal
Difference (%)

36

18

62

41

18

62

1011
66.6
31.6

108
7.1
11.2***

170
11.2
30.9

5
0.3
8.7**

231
15.2
5.6

0
1
0.1

1520
100
100

+34.9

-15.1

-19.7

-8.4

+9.6

-1.0

Source: Neupane, 2000

*Nominated members of the Upper house. **Includes hill Dalits only. ***Not inclusive of all
indigenous or ethnic groups

Dalits are invisible in central committees of political parties comprising 1.35% of the
total members. The presence of Dalit leaders in the central committee of major parties
is only 1.8%; whereas Bahuns comprise 38% 27 (Hachhethu 2006). The recent records
reveal that Dalit representation in the central committees of parties are 0.56% in NC,
0.43% in NCP-UML and 3.0% in CPN-Maoist. Dalits representation is 4% in district chapters
of political parties.
Table 14: Caste Composition of Central Committee Member on majer political party
Major Political Parties
Caste/Ethnic
Total %
NC

NCP
(UML)

RPP

Peopel's
Front

NWPP

NSP

27

30

17

85

38.3

Chhetri/Thakuri 15

10

32

14.4

Sanysi

1.8

Newar

21

9.4

Hill Ethnic

28

12.7

Medhesi

10

31

49

22.1

Dalit

1.3

Total

56

43

34

39

31

222

100.0

Hill caste
Bahun

Source: Adapted from IIDS. 2000. The Fourth Parliament Election, Kathmandu: Institute
for Integrated Development Studies.
Existing problems: According to Bidhyanath Koirala, the main problems of lower
participation of Dalits in politics include predominant control of political parties by
upper caste people; lack of initiatives by political parties to increase participation and
representation of the Dalits; lack of unity among Dalits, social issues occupying least
priority from the political parties; predominance of Brahmanism in all political
institutions; lack of political will for substantial social change; and political parties
trying to keep Dalit Movements within their control. Similarly Sunar (2002) has also
pointed out that poor economic status of the Dalits, discriminatory caste system,
prejudiced mindset of non-Dalits, elite control in decision making process, poor
60

educational 28 status of Dalits, lack of awareness among Dalits, heavy expenditures to

be incurred, are main problems that the Dalits face.
4.3 Rights and Local Governance:
The Local Self -Governance Act of 1999 makes commitment in its Preamble to increase
the participation of Dalits, indigenous nationalities and economically backward classes,
and mobilisation and equal distribution resources for balanced development, and to
bring social equality through institutionalisation of developmental processes. According
to the Act, DDCs, Municipalities and VDCs are Local Bodies and their representatives are
elected by the people. Most of the provisions of the Act concerning Dalits are either
ambiguous or very limited in its nature and scope. As a result, often non-Dalits reap the
benefits by limited Dalit participation due to ambiguous legal provisions. The Act has no
encouragement to enhance participation and representation of Dalit in planning,
implementation, and monitoring. The Act has given Semi-Judiciary role to the local
bodies that includes punishment to persons who attempt to enter or forcefully enters in
others house. If Dalits enter a house including hotel, restaurant to stand against
untouchability, the act may be punishable.. Although this Act tries to decentralize
power and increase peoples participation in political and development processes but it
is not sensitive enough for inclusion of Dalits and enhancement of their participation in
the political sphere. Nepal has shown its commitment for Millennium Development Goals
(MDGs). Nepals plans, polices and programs are geared to achieve these goals.
TheNepal Living Standard Survey II (2003/04) shows that the national average poverty
rate is 31% but it is 47% for the Dalits (The World Bank & DFID, 2006). The Dalit
Movement of Nepal is demanding institutional and special measures
for their participation and representation in education, employment and development
programmes. The dominant groups deliberately exclude Dalits from participation,
involvement and representation. Dalits have little access to decision making process,
information, resources, services and assets. UNESCO stated in 1998, One of the great
dangers the world is facing today, is the growing number of persons who are excluded
from meaningful participation in the economical, social, political and cultural life of the
communities (ESP2001). Dalits face discrimination in community leadership as well.
Representation in the community organizations is one of the best indicators of
participation in the development process. During the fieldwork, respondents reported
that 9 of the 18 Dalit castes are showcased in community organizations and are not 29
given any role in its decision making. The Dalit leadership is not accepted in the
community organizations of 7 Dalit castes. Also, non-Dalits do not accept instructions of
Dalit leaders of 3 Dalit castes. This data reveals the prevailing practices of caste based
discrimination against Dalits in community based organizations, consumer groups,
management committees, and mother groups. Dalits representation in political sphere is
negligible. Without their particpation in politics from local to national level, neither
Nepal could become a democratic country nor could Dalits enjoy their equal rights.
Democratisation of political parties, proprotional representation of Dalits at all levels
and special rights for Dalits are essential for development of Dalits in particular and of
Nepal in general.

61

4.5 Discrimination in Education:

This section focuses on enrollments, dropouts, discrimination by peers, teachers and
management, and discrimination in curriculum. Government initiatives, including
scholarships, for the development of Dalits in education are alsob discussed towards the
end. The literacy rate of Dalit was 17% in the census of 1991 and it has doubled to 33.8%
in the census of 2001 (Table 15). Though doubled, it is less than the National Literacy
Rate of 53.7% and far less than literacy rates of Bahun (74.9%), Chhetri (60.1%), Newar
(71.2), Baniya (67.5), Kayastha (82.0) and Thakali (75.6). Literacy rate of Terai Dalit is
even more miserable than of the Hill Dalits as it is only 21.1% (Sherpa, 2006).
Table 15: Literacy Rate and Education by Caste/Ethnicity
Caste/ethnicity

Literacy rate
(above 6 years)
Nepal
53.7
Brahaman/chhetri
67.5
Madeshi
41.7
Dalit
33.8
Ethnic groups
53.6
Religious minority
34.5
Source: NLSS- II, 2004, GASE Report 2005.

SLC and above

Bachelor and above

17.6
24.7
16.7
3.8
12.9
9.0

3.4
5.4
2.7
0.4
2.0
1.6

As the pool of literacy is low, the number of Dalits who have passed S.L.C. and above is
even lesser. The National Average of S.L.C. education and higher education is 17.6% but
Dalitss average is 3.8% only. National Average of Bachelor and above degree is 3.4% but
incase of Dalits it is 0.4%.30
Table 16: Percentage of Educational Status by Dalit Caste Groups by Sex 6 years &
above
Dalit Caste groups

Dalits
Hill Dalit (1-5)
1. Kami
2. Damai
3. Sarki
4. Badi
5. Gaine
Terai Dalit
1. Chamar
2. Musahar
3. Dusadh
4. Tatma
5. Khatwe
6. Bantar

6 years & above of

schooling
Men
43.7
52.9
53.1
55.0
49.9
47.1
62.3
30.1
27.9
9.8
28.5
33.0
26.4
35.9

Women
24.2
31.4
31.4
35.0
28.8
32.0
32.1
11.5
9.0
3.8
8.6
10.2
7.2
10.2

Bachelor & above

Both
33.8
41.9
41.8
44.6
38.9
39.2
47.5
21.1
18.9
6.9
19.1
22.2
17.2
23.4

Men
0.5
0.5
0.5
0.4
0.3
0
0
0.7
0
0.3
0
0
0.6
0.2

Women
0.7
0.4
0.1
0.1
0.1
0
0
0.3
0
0.3
0
0
0
0

Both
0.8
0.5
0.4
0.2
0
0
0
0.6
0
0.3
0
1.6
0.5
0

62

7. Dom
8. Chidimar
9. Dhobi
10. Halkhor
11. Unidentified

14.9
34.0
46.5
38.1
47.6

5.2
14.9
19.1
21.7
23.9

10.3
25.1
33.6
30.1
35.5

0
0.2
2.1
0
0.7

0
0.6
0.9
0
0.2

0
0.3
1.8
0
0.6

Dalits

Source: Adapted from Susan Acharyas report submitted to UNESCO, Nepal, 2007

Educational development of different Dalit castes varies enormously. Literacy rate of

the Hill Dalits is 41.9% but of Terai Dalits is 21.1%. It is not only among Dalit castes but
among all caste and ethnic groups. The literacy rate of Musahar is the lowest with 6.9%.
The percentage of most of the Dalit
caste groups is below 1. Dalits with B.A. and above degree is less than 1%, except Tatma
with 1.6% and Dhobi with 1.8%. The percentages of Badi, Chamar, Bantar, Halkhor with
B.A. and above degree is zero. Dalit women literacy rate and education is lesser than
that of Dalit men. The Government has brought some special measures targeting Dalits
but these are not sufficient to address the magnitude of educational marginalization of
the Dalits. Dr. Bidhyanath Koirala, an expert of education and Dalits, categorized
discrimination against Dalits in four categories, namely structural, silent, direct and
pedagogical discrimination.

4.6 Dropouts:
Repetition and dropout rates are high, especially in Grade 1st, and the completion rate
is low in primary schools. Completion rate has improved from 41% in the year 1999 to
50% in the year 2003. About a half of the children enrolled in schools do not finish
primary education. Except in grade 4th, Dalit girls dropout rate is high in all grades
[New ERA, 2005]. Dropout rates are high and the quality of education continues to
remain poor in public schools. Private schools have better quality and performance but
these are unaffordable by the poor, including Dalits (New ERA, 2005). According to a
survey report of NNDSWO, one of the reasons for not attending school by Dalits of Terai
is poverty. More than 50% of literate Dalits in Surkhet and Baitatdi districts reported that
they were not allowed to go to schools but in Gulmi district poverty is reported to be the
major reason for not attending schools by Dalits (NNDSWO, 2004).
Table 17: Percentages of Enrollment Gaps in Primary and Secondary Schools Levels
Population Enrollment Gap
Levels
Primary
level
enrollment (5-9 years)
Lower secondary level
(10-12 years)
Total

Population
13.3

Enrollment
8.7

Gap
4.6

8.0

6.8

1.2

21.8

15.5

6.3

Source: Source: School Level Educational Statistics of Nepal: Flash Report 2004

63

Many Dalit students dropout from schools and there are various reasons for doing so.
Some Dalit students dropout from schools is due to discrimination. Generally schools
and colleges are located far from the Dalit settlements; wherever renting the rooms
without caste based discrimination is difficult, Dalit students feel depressed and
frustrated and discontinue schools. Most of Dalit children dropout as their parents force
them to do household chore, take care of their younger siblings. The blanket approach
of development is another
cause of dropout of Dalit students. During field work, respondents reported that
teachers use and/or pass derogatory remarks or proverbs or examples against Dalits in
the class. Students belonging to six Dalit castes have become the victims. Respondents
reported that teachers force Dalit students to sit separately on back benches, deprive
them from using educational materials and equipment, and to participate in sports and
extra-curricular activities, no greeting by non-Dalit students and disobedience to Dalit
teachers are experienced by Dalits belonging to one caste each. None of the respondent
reported about discrimination against Dalit students by teachers about home and class
work.
a. Structural discrimination:
Dalits children are structurally discriminated in education. physical infrastructure and
social environment of schools are discriminatory. Dali students sit in back benches,
required attention is not given to Dalit students, and they have no proper access to the
means and materials in the schools.
b. Silent discrimination:
School Management Committees are often silent about prejudice against Dalits by school
teachers, peers, management committee members and guardians. They discourage,
ignore and neglect Dalit student participation in school activities, including teaching
learning, extra curricular and social activities.
c. Direct discrimination:
Practices of discrimination against Dalits are direct discrimination. It has resulted in
higher dropout rates of Dalit students in education.
d. Pedagogical discrimination:
There are pedagogical problems in schools. Teachers misbehave Dalit student by using
derogatory words and examples. They hesitate to appreciate Dalits and their jobs,
performance, culture, lifestyle, knowledge and skills. Dalit students generally get less
mark due to prejudice of school teachers against them.
The Government and other non-governmental organizations have been working for the
improvement of dalit education; a substantial number of Dalit Children are still out of
the schools. Dalits are far behind in education when compared to other caste groups in
Nepal.

64

Repetition and dropout rates are high, especially in Grade 1st, and the completion rate
is low in primary schools. Completion rate has improved from 41 percent in the year
1999 to 50 percent in the year 2003. About half of the children enrolled in schools do not
finish primary education. Except in grade 4th, Dalit girls dropout rate is high in all
grades (New ERA, 2005). Dropout rates are high and the quality of education continues
to remain poor in public schools. Private schools have better quality and performance
but these are unaffordable by the poor, including Dalits (New ERA, 2005).
The main reason for high rate of dropouts includes poverty or parents inability to
support them to continue their education. There is various reasons dropout form school.
Some Dalit student dropout from schools because of discrimination in renting rooms.
Generally, schools and colleges are located far from the dalit settlement. Most of the
Dalit children dropout as their parents forces them to do household chore and take care
of their younger siblings. The government and non-governmental organizations have used
plenty of resources in educational sector. However, very little resources have been
allocated targeting the dalits. No clarity has been developed yet about what makes
incentives or disincentives for education of the Dalits. Practical needs of Dalits parents
have not yet been addressed by concerned authorities. As a result, many Dalit students
unwillingly leave schools or colleges. The number of Dalit graduates is low and these
graduates are jobless. The government policy is not proactive to ensure Dalits entry in
public service and other sectors. Lack of reservation for Dalits has prevented them from
getting any job. Not getting a job after investing in education encourages parents and
students to dropout of the schools.
There is no effective state mechanism to prepare policy and monitoring. Government
does not easily give approval to Dalit initiated schools; providing funding support and the
teachers posts.
Dalit graduation is quite lower than other caste groups and most of the graduate dalits
are jobless. The government policy is not proactive to ensure the Dalit entrance in
public service. Only 3.8 percent (76 persons) Dalit Staffs are working in different
organization among 2114 staffs. This status of Dalit is not proportionate as compared to
their total population of Dalit (SC-US, 2004). This data reveal that dalit are out of
employment opportunity.

65

CHAPTER- 5
RECOMMENDATION AND CONCLUSION

5. Recommendations
5.1 Reservation policies in various sectors
a. Reservation on Government and Non-Government Mechanism:
There should be reserved the reservation quotas take service examination from low to
high level post of government service or public service and private sectors on the basis
of equality and fundamental rights to dalits. There should be building up the service
policy by service nature and reserved the reservation to dalits.
b.Reservation on education sector First of all, it is subject of admission on educational
sector at school, college or technical education sectors. Reservation management should
be there for to decrease the obstacles of admission access and make easiness at
government and non-government educational sectors, and make provision for full
scholarship for Dalit student. Fund scholarships at all levels of education and Prioritize
training at technical universities. It also need to reform and revise school curricula.
c.Reservation on Political area
There is not needed to do separate on geographically for urban, rural and most rural in
case of political reservation because of political leadership. Political reservation should
be given according to dalits population (proportionate) in all structure of political
parties.
d. Reservation on Industrial or business
There are analyses of two debates for increasing on access to industrial sectors; First
debate: Enrollment to dalit employee into industrial. Second Debate: Transferring the
ownership into industrial area. Its a belonging to provide ownerships to dalits into
industrial area. There is not necessary to classify to area. There to be increased the
some percentage on relief fund which is given by government to dalit after clearly
identify of real dalit. There should be provided the some reservation/loan for establish
or open the new industrial/industry to dalits. State should provide to dalits the small
loan for to open the small business, and there should be minimized the tax rate for
access to industrial.
e. Reservation on Foreign employment:

66

Geographically the reservation policy should be launched; urban, rural and most rural
for foreign employment, and there should be determined Kota system to dalits.

f. Reservation on agriculture and livestock keeping:

Agricultural is main source of Country. Nepal is based on agricultural and it could not
take the way out without well done promoting and development of agricultural to
modern State first responsibility is to make technologies to agriculture and veterinary.
For this sector, non-state sector play the expensive role to farmers thats why state
should provide incentive and distribute modern-technical skill and advices to all farmers.
Huge dalit community are depending on farmers and there is big numbers of dalits are
out of own land. And they are working as a Land digger, half produce distributor etc. big
numbers of dalits have to stay limit as subsistence farming. So that state should manage
the cultivate land, and there should be increased on support to dalit farmers.
g. Reservation on Land:
Reservation provides the social justice to dalits. Others sectors reservation policy
couldnt be effective if the socio-economic justice process can not take up for rightly
implementation.
5.3 Especially addressed to the State:
(I)
The government has to formulate mandatory reservation policy, provisions and
laws for Dalits at all sectors and levels of agencies, organs and mechanisms of the State.
Recently allocate 15% (as per proportionate basic) of seats in all government sector
including police and army, as well as a certain number of private sector jobs to Dalits.
(II)
The government has to ensure phase wise reservation policies for long term plan.
After defined of dalits and state discriminatory behavior to dalits, government should
be given the authority to reservation law at least four phases as fallow:
Diagram 10: Reservatation Stratagey plan
Reservation Sectors
Time

Education,
Sports,
Health, Political sector,
Finance and Industrials,
government and nongovernmental
mechanism,
Foreign
employment,
Ownership on land

Reservation
percentage/Ratio
Government Private
sectors
40%
25%
30%
20%
20%
15%

1-5 years
5-20 years
20-30
years
30
years 10%
above

Remarks

10%

67

(III) Establishment for reservation of Dalit agencies need to be compulsory to ensure

law enforcement by constitutional guaranty.
(IV) The government needs to adopt and implement, or strengthen national legislation
and administrative measures that expressly and specifically counter caste-based
discrimination and untouchability, whether direct or indirect, in all spheres of public
life.
(V)
The government needs to establish regular monitoring of acts of caste-based
discrimination and untouchability in the public and private sectors, including those
committed by law enforcement officials.
(VII) The government, including its law enforcement agencies, has to design and fully
implement effective policies and programs to prevent, detect and ensure accountability
for misconduct by police officers and other law enforcement personnel which is
motivated by caste-based discrimination, and to prosecute perpetrators of such
misconduct.
(VIII) The government needs to overview and reform the existing judicial procedure
especially for elimination of caste-based discrimination. Similarly, institutional and
structural mechanism of administrative and judicial systems needs to be reviewed and
revised.
(IX) The government needs to formulate numerous of laws against caste-based
discrimination and untouchability but it should be strong (in the sense of punishment and
fine), mandatory, and compensatory with effective enforcement mechanism.
(X)
The perceptions of law enforcement agents and agencies towards Dalits should be
changed. Government have to start orientation classes for all civil servant for Dalifriendly environment.

5.2 Reservation an Analysis and Discussion

Reservation mobilizes to individuals. Dalit community will get opportunity to make
themselves activeness, if they get reservation on education, service and political
sectors. They have seen less expectation to take up the speed due to highly
competitive situation.
The reservation is needed until and unless we reach to the equitable society. Our
dream is to achieve equality in the society when there is equality in the society
we can reach close to the justice. So the reservation is not forever but it is a
temporary provision or process to reach to Equality/justice.
Even so-called educated-people still want Dalit be at lower rank and blinded with
system of untouchability. Reservation is for getting compensation to the Dalits and
other marginalized community who were made excluded and backward to enjoy
social, economic, political, cultural, cultural rights and facilities.
68

 Many people came in our road to teach us about the pros and cons of Reservation.
Some of our non-Dalit intellectuals advocate against Reservation system and give the
example of the negative impact of India.
Ultimately their intention has been seen to divert the movement to other roads to
paralyze the ongoing sensitivity on Dalit issues. If they will not get the support in
their intention they say reservation syndrome is creating the culture of dependency.
Non-dalits blame dalits for not being amenable to any reason, or rational thinking
and arguments. They say our arguments unreasonable rigid Arguments, based on
skewed reasoning, based on wild and wrong assumptions, not borne out of Social
Facts or Actual Realities.
India got tremendous achievement to uplift Dalits through this system.
In every field of national power there are numbers of Dalits holding superior posts.
We can see Generals in Defense, Secretaries in Ministries, Justices in Courts,
Ministers in Cabinet, IAS Officers in beuriocracy, Ambassadors, President, and
Professors etc. from Dalit community in India.
The Late president of India Mr K.R.Narayanan, The father of Indian Constitution Dr. B
R Ambedkar, The present Chief Justice of the Supreme Court of India are from Dalit
Community. This has become possible due to the inception of reservation system.
However sometime we see fights on reservation, it is because of jealousy of nonDalits. Sometime a fight within one Billion people is natural. But the tool has become
effective to uplift Dalits in India. What about in Nepal, there is nothing remarkable
achievement for Dalits even after the inception of existing Ganatantra.
The Brahminism still exists strongly in Nepal though the political system has been
changed. The case of Karnali is exceptional. That is why the government has
formulated separate special package program for Karnali people from the very
beginning. Some people of Karnali only can not be the national indicator. The
government policy must be formulated on the basis of national indicators. The
overall national indicators (economic, social, political, educational etc.) indicate
that Bahun and Chhetries are most privileged groups and Dalits are most deprived
groups in Nepal.
So the deprived groups must be protected from the nation. Reservation is a tool to
uplift weaker people. Haves and have nots can not run together in the same race. If
we see the present scenario of Nepal on the basis of population, 30 % Bahaun and
Chhetri are exploiting 70 % national resources and the rest 70 % other caste people
are exploiting only 30% national resources. If we see the overall workforce diversity
assessment 30% Bahun and Chhetri hold more than 50 % opportunities and more than
20 % Dalits hold less than 1 % opportunity.

69

 This indicator gives pressure to the government to think over the problem of Dalits
and bring effective tools like reservation to empower them. It does not understand
level to defend reservation: It is reality and an inevitable need.
Reservation helps to increase on economic level thats why it provides the social and
individual security to receiver.
Due to receive opportunity from reservation then dalit community will gain the social
and economic rank in the society.
Reservation empower to economic revolution and it reduces the caste-based
discrimination because of it could effect to educational, political and social due to
increasing on economic level.
It is obvious that better something then nothing but if this reservation things doesnt
come well planned then this will not be very helpful to those who are in need. there
should be a benchmarking for the minimum standard of reservation categorization
who in Dalit be getting the priority in the reservation
The reservation syndrome is creating the culture of dependency rather then the
development. This issue is always raised by the politician to get elected, but never
considered. However who would be the one taking benefit of this reservation. There
is the most challenging question raised.
There is no ways for the government and all political parties except to go for
reservation/affirmative action to the Dalits. If not, government and political parties
will have to be in trouble, which is not good for the national and party as well.
Reservation is needed for protection of human rights and to build up equitable
society. Equity behaves are only to be limited between equalities. Still state has not
been clearly kept their view towards this equality and dalits and they have not
brought any social and economic programs for dalits. It is not enough to provide the
guarantee of dalit in political rights by law. There should be established of social and
economic rights for dalits. There is compulsory to build up integrated law for dalit
empowerment.
In background of Reservation, there should be written and cleared the causing of
given reservation showing the caste based discrimination to dalits and kept them on
shadow from socio-economic part. There should be defined of reservation policy by
geographically; Urban area, Rural area, most rural area and hill and mountain area
etc.
5.3 Conclusion

Nepal is a federal democratic state. It should be taken positively to bring the reservation
concept, and logically it is important to all socially excluded and shadowed. Socialist
concept of state should be practically converted into reservation policy. Until it could
not be address to access of land, sources/material, education, economic-employment
70

and business, industrial/finance, banking, industrial science and technology there should
be done by reservation policy. Recently governement should provision for 15 per cent
seat in all government employment oppurtunity. But for long term reservation plan,
government should make stratagy for phase wise policies.
The Structure of the Nepali State is still exclusionary on the basis of marginalized castes
and ethnicity and in favor of traditional ruling castes (Brahmin-Kshatriyas). The so-called
new State of 21st Century is still ruled under the guidance of Manu. Although, Nepal is a
secular republic, there still exists Kshatriya hegemony in Nepal Army, Brahmin hegemony
in educational institutions, civil service and judicial service, and Brahmin-Kshatriya joint
hegemony in Nepal police, armed-police force, foreign service, political parties, civil
service organizations. Dalits are not only at the bottom the Nepali social hierarchy but
also out of the State mechanisms.
Representation for Dalit's in general State governance is very low, in policy making levels
it is almost ZERO and in non-state sectors, especially in the leadership in political
parties and civil society, it is just symbolic.
Social Exclusion is still widespread in Nepal. In fact it has been guided by the State, its
structure, organs, institutions, agency and agent and others. Social exclusion has been
occurring in Nepal on the basis of caste, race, ethnicity, gender, region, religion, social
norms and values, lack of physical and education capacity, lack of economic straight and
lack of political power.
Social inclusion is understood by the State and ruling castes and class as being only
material inclusion (i.e. symbolic or head counting). But the concept of real proportional
and non-material inclusion (feeling of inclusion, equity, empowerment, heard, process
and proper implementation) of Dalits is still out of discourse.
Constitutional and legal provisions for Dalits are insufficient even though the main cause
of Dalit exclusion is the lack of mandatory laws, rules, regulations and lack of proper
and effective enforce mechanism. Existing laws related to Dalits have many loop holes
(it depends on the perception or mood or biasness of law enforcement agents and
agencies) compared to other laws (in the sense of its composition and implementing
mechanism). The legal procedure is too lengthy and law enforcement agents and
agencies are insensitive towards Dalit cases.
Political parties and civil society organizations are somehow seemed sensitized about
the material inclusion of Dalits. They are quick to apply the concept of social inclusion in
a "cosmetic" form (symbolic or head counting) than in its real form.
Caste-based untouchability is still widespread and neo-racism (neo-untouchability or
indirect untouchability in Nepal) is emerging through denial of capacity, skills,
leadership, knowledge and existence of Dalits.
The perception of the traditional ruling caste and class towards Dalits is still
stereotyped, prejudiced, and discriminatory. They still believe in the concept of 'pure'
and 'impure' and 'superior' and 'inferior'. The ruling class and caste (so-called upper
71

caste) perceive and believe that Dalits lack qualification, ability, skills, and knowledge
and deny jobs, political and institutional leadership and even the existence of Dalit.
In this regard, restructuring of the State to make its organs, structure, mechanism,
institutions, agency and agents more inclusive as well as Dalit friendly, is the first
essential step. The government has to make some special provisions to Dalits to increase
their representation in policy making and implementation levels of the State and Nonstate. For this purpose, all the constitutional, legal, procedural provisions have to be
amended. Prejudices perception, beliefs, attitude and behaviors had need to be
changed.

-------------------------------------------- End -----------------------------------------------------------

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Annexes:
Annex I: Checklist/Question
1. Are there any programs running in your place for the upliftment of the Dalit community or not?
2. Have you or your family members received any facility from any organizations or government?
3. Do you or your family members have joined any governmental job/civil service, military and
police services?
4. What should be done to participate of Dalit in politics, policy-making and implementation
sectors?
5. Is it necessary for the participation of Dalits in every stage/sectors of the state?
6. What should be done for Dalit participation?
7. Is there necessary of the reservation including special provision for the Dalit participation or not?
8. What is the main challenge/barrier for Dalit participation?
9. Do you have any suggestions? What should be done to increase the equal participation for Dalits?
10. What political system would be better to increase Dalits participation in Nepali state?
11. Are there any special policies or provisions for Dalits recruitment or not?
12. What would be the suitable process and methods to increase the Dalits participation in political
and governmental services, politics, and policy-making, social institutions and implementation
sectors?
13. What would be the major obstacles for it?
14. Could the reservation practices produce social prejudices and complaining? If it, what kind of
reactions appears?
15. What kind of measures, process and provisions should be necessary for the Dalits inclusion in
the every sector of the state?
16. How many Dalit are in your Partys District Committee? And which ones of the position they
are holding?
17. What is the real status of Dalits participation in your local level party committees?
18. What is position of the policy and implementation for Dalit participation in your Party charter?
19. What would be the suitable process and strategy to increase the Dalits Reservation in
governmental services? What would be the major challenges for it?
20. If Dalit need reservation in the government and private sector, how many quota should be
justicable?
21.In which sector should have mandatory policies for reservation for Dalits?
22. Is it nessery for reservation in private sector?
23. How long state should gurrented reservation policies for Dalits?
24. How should be the implementation macanazim for Reservation?
25. what is the main problems for Dalit's upliftment?

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Annex II: Informants list

1. Dr. Krishna Bahadur Bhattchan - Sociologist/Professor TU
2. Dr. Chityna Subba - Professor TU
3. S. Ghai, Prof.- Hongkong University, Hongkong
4. Kailash Sashankar, Lawyer
5. Dr. Drona Rasily, Dalit intelactual
6. Durga Sob, FEDO
7. Bhakta Biswokarma, NNDSWO
8. Ram Lal BK, Presedent- National Dalit Commission
9. Khadga Bahadur Basyal, Chairman- Nepal Dalit Sang
10. Tilak Pariyar, Chirman- Dalit Mukti Morcha
11. Lal Bahadur BK, Chairman- Utpidit jatiya Mukti Samaj
12. Ser Bahadur KC, Nepal Bar Association
13. Secretary, Ministry of finance
14. Secretary, Ministry of home affair
15. Secretary, Ministry of local Development
16. Member, national planning commission
17. Joint Secretary, Ministry of General administration
18. Joint secretary, Ministry of Home affair
19. AIG, Nepal police
20. DIG, Nepal Police
21. DIG, Nepal Police (Police Academy)
22. SSP, Nepal Police
23. Inspector, Nepal police
24, Sub-inspector, Nepal Police
25, Brigadier General, Nepal Army
26, Leftenen General, Nepal Army
27. DIG, Armed Police Force
28. SSP, Armed Police Force
29. SP, Armed Police Force
30. Inspector, Armed Police Force
31. Member, Public Service commission
32. Joint Secretary, Public Service Commission
33. CDO, Doti
34. CDO, Banke
35. CDO, Kathamndu
36. CDO, Kaski
37. CDO, Chitwan
38. CDO, Mahottari
39. Bishnu Nituri, Formar Presedent- FNJ
40. Yubaraj Ghimeri, Editot- Rajdhani Daily
41. Balram Baniya, Political Editor, Nagarik Daily
42. Hari Bahadur Thapa, Ass. Editor- Kantipur Daily
43. Narayan Sharma, Presedent- Nepal Press Council
44. Bighya Nath Koirala
45. Lila Pathak, NHRC
46. Pasang Sherpa, Nepal Federation Of Indigenous Nationalities
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47. Ms. Ranju Thakur Member, Federation of Madheshi Community Nepal

48. Ramchandra Paudel, Nepali congress
49. Dinanath Sharma, CPM (Maoist)
50. Shankar Pokheral, CPM (UML)
51. Redesh Tripati, TMLP
52. Upendra yadav, Madeshi Janaadhikar Forum (MJF)
53. Thakur Sharma, RPP
54. Prof. Sukdev Thorat, Chairperson, Universal Grant Commission, New Delhi
55. Bharat Nepali, ESP/RDIF
56. Purna Bdr Nepali, PhD Student, Kathmandu University
57. Sabitri Ghimire/Rup Singh Sob, President/Ex. President, NNDSWO, Kailali
58. Sundar Jairu/Lal Sarki, NNDSWO, Dadeldhura
59. Reemaya Nepali, Social Development Specialist, DRSP/SDC
60. Laxmi Sob, Fedo, Achham
61. Durga B.K, Women Rights Forum
62. Min Bdr B.K, Dalit Integrated Forum, Achham
63. Dil Bdr Nepali, DNF, Pokhara
64. Prem B.K, NNDSWO, Banke
65. Ram Mochi, Academic Person, Pokhara

Annex III: Field Study area (District)

Saptari - Eastern Region
Mahottari - Center Region
Chitwan - Center Region
Baglung - Western Region
Kaski - Western Region
Surkhet - Mid-Western Region
Bardiya - Mid-Western Region
Doti - Far Western Region
Kailali- Far Western Region
Dadeldhura- Far Western Region
Achham- Far Western Region
Kathmandu - Centre Region

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Annex IV: Field Study Area (Map)

80

81