Draft and descriptive note for Dalits

Constitution of New Nepal - A Draft and Descriptive Note for the Management of Dalits: By Ratna Bahadur Bagchand
Publisher - LANCAU - An Association of lawyers against discrimination

Price - Rs 75

Edition - First

Although people have been deemed as the source of sovereign power, there have been no attempts whatsoever to integrate people of all caste and creed in the functioning of the state. Nepal still follows a centuries-old castes system, under which Dalits are barred from using public amenities, and suffer general neglect from the state and society.

The 1990 Constitution of Nepal prohibits any form of discrimination on the basis of caste, race, sex and religion. Such forms of discrimination are punishable by law. However, all forms of discrimination against Dalits is widely practiced in the country. The dalit issue is a political problem that cannot be resolved overnight. Laws against the discrimination of the Dalits should be properly enforced, and government programs for uplifting the economic and social status of the Dalits should be fully implemented.

Nepal is moving towards the constituent assembly process that would ensure inclusive and pluralistic democracy in the country. Constitutional Assembly (CA) itself is a process whereby people select their representatives to build the constitution of a country. Active and equal participation of all citizens is extremely important to make a complete and sustainable constitution that can protect the rights and equality of all citizens, and maintain their dignity.

In his recently published “Constitution of New Nepal - A Draft and Descriptive Note for the Management of Dalits,” Ratna Bahadur Bagchand discusses what provisions could be reserved for Dalits in the new constitution. An advocate by profession, Bagchand is hopeful of a Dalit-inclusive constitution that would ensure pluralistic democracy in the country. The book is a must read for Dalit activists, political leaders, NGO/INGO, members of the Draft Committee for Interim Constitution and anyone interested in the issue of dalit movement in Nepal.

Bagchand’s book can be neatly divided into three sections, of which the first deals with the provision for Dalits in the new constitution. The writer begins with a proposal that the new constitution should aim to form a dignified society that is based on equality and social justice. He then goes on redefining nation, sovereignty, state and national language, and emphasizes on the restoration of the basic rights of Dalits such as end of discriminatory practices, right to culture and right to religion.

The second section lists the Acts that would help in the implementation of the provisions made for Dalits while the third section describes in detail what provisions could be created for Dalits in the new constitution and how the Acts concerning such provision could be placed in the new constitution. Bagchand has proposed the formation of a new Ministry for Social Justice and Empowerment, Council for Social Rights, Academy for Empowerment of the Dalits and Act to Control Criminal and Discriminatory practices as the minimum legal criterion essential to address the Dalit issue.

What interested me about the book is the definition of ‘Dalit.’ Bagchand explains that a dalit is a time-bound concept, which could be used only for certain purposes and for a fixed duration of time. He argues that the word represents the Dalit movement, and should not be used after the formation of a classless society.

Reviewed by Monica Upadhya

Source: eKantipur.com

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