Preliminary Draft of the Constitution of the Republic Nepal, 2067 (2009) as proposed by the Constitution Making and Recommendation Committee, Unified Nepal Communist Party (Maoist)

Excerpts explicitly relating to Dalits:

Part 3: Fundamental Rights

11. Right to Equality
(3) The state shall not discriminate among citizens on grounds of religions, race, caste, tribe, gender, origin, language or ideological conviction or any of these.

Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of women, Dalits, indigenous ethnic tribes, Janajati, Madhesi or farmers, labourers or those who belong to a class which is economically, socially or culturally backward, or children, the aged, disabled or those who are physically or mentally incapacitated.

12. Right against untouchability and racial discrimination
(1) No person shall, on the ground of cast, descent, community or occupation, be subject to racial discrimination and untouchability in any form. Such a discriminatory act shall be liable to punishment and the victim shall be entitled to compensation as provided by the law.

(2) No person shall, on the ground of cast or race, be deprived of any service, conveniences or utilities.

(3) No person belonging to any particular cast or tribe shall, in relation to the production or making available of any goods, services or conveniences, be prevented from purchasing or acquiring such goods, services or conveniences; and no such goods, services or conveniences shall be sold or distributed only to members of a particular cast or tribe.

(4) No one shall be allowed to purport to demonstrate superiority or inferiority of any person or a group of persons belonging to any cast, tribe or origin; or justify social discrimination on the basis of the cast and tribe; or to disseminate ideas based on cast superiority or hatred; or to encourage cast discrimination in any form.

(5) Any act contrary to the provisions of the clauses (2), (3) and (4) shall be punishable in accordance with law.

21. Rights of Dalit community
(1) Land and an opportunity of proportional employment in governmental, semi-governmental and private industrial enterprises shall be provided to the landless Dalit in the economic sector as well as priority shall be given to the modern profession related to their tradition.

(2) In field of politics, there shall be a system of the representation of Dalit in the Federal Legislature, Government, constitutional bodies and Governmental political and administrative organs on the basis of special rights. Provision to make the non-geographical federal unit as to be elected one male and one female from all regions shall be made.

(3) In the field of social and culture, the state shall be free of untouchability accepting the untouchability as the evil of humanity and such practice is recognized to be serious crime and legal provision of severe punishment shall be made against the person who commits such crime.

24. Rights to social justice
Economically, socially and educationally backwarded Women, Dalits indigenous ethnic groups (Adivasi Janajati), Madhesi communities, oppressed groups, the poor farmers and labourers shall have the right to participate in state structures on the basis of the principles of proportionality and inclusivness.

Part 4: Responsibilities, Directive Principles and the Policies of the State

37. Responsibilities of the State
The state shall have the following responsibilities:-
(d) to carry out progressive restructuring of the State leading to inclusive federal republic which recognizes the people’s republic and guarantees of autonomy and self governance with the right of self determination to address the problems of women, Dalits, indigenous tribes (Adivasi, Janajati), Madhesis, ppressed and minority communities and other disadvantaged groups and back-ward regions by eliminating discriminations related to class, ethnic, lingual, gender, cultural, religious and regional by eliminating class, caste, language, gender, cultural, religious and regional,

39. State policies

(10) The State shall pursue a policy which will help to uplift the economically and socially and backward indigenous ethnic groups (Adivasi Janajati, Madhesis, Dalita, as well as marginalized communities, and workers and framers living below the poverty line by making provisions for reservations in education, health, housing, food security and employment for a certain period of time.

(14) The State shall pursue a policy of making special provision on the basis of the positive discrimination for the minorities, landless, squatters, bonded labourers, person with disability, backward communities and sections, and the victims of conflict, including women, Dalits, indigenous tribes (Adivasi Janajati), Madhises and Muslims.

Part 10: Structure of Constitutional bodies

105. (1) There shall be following constitutional bodies in the federation:-

(f) Commission for Inclusiveness (for the protection of the rights of Dalit, Adivasi Janajati, minority and marginalized),

(3) While making the appointment of the officials of the Constitutional bodies in accordance with the Constitution, the arrangement to make proportional and inclusive participation of women, Dalit, Adivasi, ethnic community and Madhesi shall to be made.

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Note from a Human Rights and Constitutional Lawyer:

Almost all political parties have drafted the constitution on their own. The concerned readers are suggested to prepare and review a comparative chart from dalit rights perspective and have discussions for the larger interest of dalit communities.

Tek Tamrakar
Human Rights Lawyer
Kathmandu, Nepal
Tel: 0097714302511
Mail: tek_tamrakar@ yahoo.com