Historical context of Dalits in Nepal

The State formalized the caste system throughout Nepal during the reign of King Surendra Bikram Shah when Jung Bahadur Rana, founder of the Rana rule, promulgated the Muluki Ain (Country Code) in 1854. This Code, the first proclamation of State authority on all matters concerning the social and religious rights of individuals,20 organized Nepalese caste and ethnic groups into four categories: i. Tagadhari (caste wearing the holy thread); ii. Matwali (nonenslaveable alcohol-drinkers); iii. Pani nachalne-chhoi chhitto halnu naparne (castes from whom water is not accepted, but whose touch does not require sprinkling of water for purification); and iv. Pani nachalne-chhoi chhitto halnu parne (from whom water is not accepted and whose touch requires purification by sprinkling water).

The Country Code thus reconstructed Nepalese social structure into a four-fold caste hierarchy and placed Dalits – the groups belonging to the fourth category, at the bottom. Before the implementation of the law, the indigenous nationalities had an egalitarian social structure and were outside the four-fold Varna and Hindu caste system.21 As the Code was the first law applicable throughout the country, the practice of untouchability became universalized. The Code also divided Dalits themselves hierarchically. This compelled Dalits to practice untouchability and discriminate against those who ranked below them within the broad group of untouchables.

Although the country later witnessed significant political turmoil, including the overthrow of the Rana regime in 1950 and the establishment of politically egalitarian governance in 1958, the Country Code of 1854 remained in force with only moderate informal adjustments until 1963, when the Naya Muluki Ain (New Country Code) was enforced under the Panchayat System. This New Code marks the beginning of a new era of the most radical changes in Nepal because it stated that legally all citizens are equal irrespective of caste, creed and sex. The Muluki Ain of 1963 also abolished discrimination between castes in respect of capital punishment. However, it did not declare the practice of untouchability punishable. The restoration of democracy in 1990 intensified the voices of subjugated groups. The new Constitution of 1990 reiterates the universality of human rights, equality among Nepalese citizens in respect of rights and responsibilities, and also declares discrimination on the basis of caste punishable. Despite the reform measures introduced during the last four decades, little has changed in Nepal’s social structures, norms and practices, including the attitudes and behaviours of non-Dalits towards Dalits – or among Dalits themselves.

Source: Bhattachan, K.B., K. Hemchuri, Y.B. Gurung, and C.M. Biswakarma. 2001. “Existing Practices of Caste-Based Untouchability in Nepal and Strategy for a Campaign for its Elimination”. Kathmandu:ActionAid/Nepal.