Reservation and special rights are the major demands of Dalits for the policy of positive discrimination. This agenda was established in Nepal by the Dalit movement itself. All parameters of Human Development Index proved that Dalits remain in the lower strata of Nepali society. However, the government reservation policies in place, limited only to the fields of education and employment now, have placed the Dalits still at the lowest priority.

- Suvash Darnal

At present, the Nepali society is going through a phase of rapid changes. Hence 2010 is going to be a significant year for the Dalit community too, which now waits in eager anticipation for change. The voice and agenda of the Dalit community relate to centuries of their alienation by the state and the different factions of society, and are now finally on course to getting recognition, as a result of the last People’s Revolution. This year, institutionalizing the achievements of the 60-year-old Dalit revolution will be of a huge priority. The Constitutional Assembly (CA) must address the Dalit agenda through the new Constitution currently being drafted.

Analyzing both the structure and the pace of the CA, and also the preliminary reports which have been made public, the most confused or detached community is seemingly the Dalit strata of Nepali society. They are amid the many bigger and established groups, and thus the materialization of Dalit rights is going to be a rather difficult mission.

It is certain that 2010, while being welcomed with both excitement and doubts, will be a milestone in the history of the Dalits’ rights movement. It is probable that the agendas of the movement will be as follows:

In Nepali society, the politics of identity is gaining momentum, bringing with it an avid interest among the Dalit community as well. Nepal’s history is such that for an extended period of time, the state has been run based on Hindu and feudal institutions, and it means that a genuine identity for the Dalits has actually yet to be recognized. In previous CA reports, words like ‘backward,’ ‘minority,’ ‘marginalized,’ and’ detached’ have been used to describe the community. However, it is apparent that these passwords do not suffice in representing the seriousness of the Dalit population’s troubles. Their lack of a recognized identity has been making it difficult for the Dalit community to effect any government legislation, thereby depriving the community of prioritization in government services and facilities.

The word “Dalit” itself mirrors the social, economic, cultural, and political conditions of the society. The words used in the CA reports actually identify the problems faced by the community, and focuses on endeavours to solve them. If the community’s own identity cannot be appropriately defined in the CA, then ongoing exploitation is sure to persist in future as well. There are chances that only a specific groups or individuals will benefit from its end results.

So who are the real Dalits? We must make a distinction between who is considered a backward group, or of a minority and marginalized community. If proper identities are not distinguished and defined, then the provision of rights will not be possible.

The representation of the Dalit group in all the spheres of the state is insignificant, despite their significant share in the country’s population. Till now, fair representation of the Dalits in legal structures is lacking as they have been sadly ostracized in society through the practice of different social norms, legislations, and laws. There is, however, hope that Nepal’s CA is now rated to be excellent, inclusive, and among the best in the world.

According to government census, the Dalits comprise 13% of Nepal’s population. But if seen from the Dalit perspective, there is only an 8% representation in the CA.

The discrimination does not end here. The visible representation of Dalits cannot be found anywhere in the government and its structures, even in those formed after the People’s Movement and formation of the CA. No party till date has raised its voice to illustrate how the state of Dalits will be in the new federal structure that is taking shape. The CA’s draft shows that the upcoming election will comprise a mix of procedures whereby some form of proportional voting will be included.

Having a realization of the consistent and planned alienation of Dalits from the various state sectors for centuries, now the movement has accepted special rights in its direction towards a claim for compensation. Not only during the process, but even after the end results are announced, the need for these special rights will remain. For the Dalit movement, however, the main concern is fair representation.

Reservation and special rights are the major demands of Dalits for the policy of positive discrimination. This agenda was established in Nepal by the Dalit movement itself. All parameters of Human Development Index proved that Dalits remain in the lower strata of Nepali society. However, the government reservation policies in place, limited only to the fields of education and employment now, have placed the Dalits still at the lowest priority.

Astonishingly, the Dalits, who have a total of 38% literacy rate, have been given a mere 9% scholarship reservation, whereas ethnic groups with almost 51% literacy rate have a reserved 27% scholarship seats. Surely, the weakest should have the most priority, if its purpose is to resolve the underlying problem! Therefore, the state must continue and boost its reservation policy until the representation of Dalits at all levels of the state bureaucracy reaches a level of parity with other ethnicities.

What is even more important is that in the today’s context, inequality should not have to be addressed through reservation. Instead, opportunities should be provided on the basis of merit, as the reality is such that even Brahmins can be poor. Through arguments like these, it is becoming apparent that the reservation policy may not be an exclusive solution to our deep-rooted societal problems. Intellectual and public opinion is already divided for and against these policies. Unfortunately, amidst the conflicting arguments brought to surface through such debates, even the entire next year may not be enough for the establishment and implementation of identity rights, including those of the Dalits of Nepal.

The writer leads Samata Foundation, a research organization on Dalits and exclusion in Nepal.

Source: Also, published in: MyRepublica on 2010-01-02 01:00:11