Article 40 rights of Dalit: what the Constitution of Nepal promises
The Constitution of 2015 sets out the rights of Dalits in Nepal, with Article 40 as the key provision. Dalits are communities excluded under the caste system for centuries. Article 24 complements Article 40 by banning caste discrimination. This guide summarises both articles and the body that oversees them. It is not legal advice.
Article 24: the right against untouchability
Article 24 of the Constitution of Nepal bans untouchability and discrimination in public and private places based on origin, caste, tribe, community, occupation or physical condition. This protection is a fundamental right in Nepal and a foundation for Dalit rights.
Article 24 goes beyond a general ban. No one may be prevented from buying or obtaining goods and services because of caste. It also prohibits spreading ideas of caste superiority or hatred, and discrimination in the workplace. These bans seek to ensure equal treatment regardless of caste. Violations are punishable as a serious social offence, and victims are entitled to compensation.
Article 40 rights of Dalit, clause by clause
Article 40 of the Constitution of Nepal sets out measures specifically for Dalits. Clause 1 guarantees the right to participate in all state bodies on the principle of proportional inclusion, with special provisions for public service and employment to be established by law.
Clause 2 concerns education. Dalit pupils and students have the right to free education with scholarships, from primary school to university, with special provisions for technical and vocational training. Clause 3 covers health care and social security, for which special arrangements are also to be made.
Clause 4 protects skills and livelihoods. Dalits have the right to preserve and develop their traditional skills and crafts, and the state is to give them priority in modern businesses linked to those crafts. Clauses 5 and 6 cover land and housing: the state provides land to landless Dalits and housing to Dalits without a home, as set out in law. The details of both clauses depend on implementing laws.
Clause 7 concerns the fair distribution of benefits, so that Dalit women, Dalit men and Dalits of every community receive a proportionate share. It recognises differences within Dalit communities.
The National Dalit Commission
The National Dalit Commission was formed in 2002. The 2015 Constitution made it a constitutional body, and the National Dalit Commission Act was passed in 2017, strengthening its role within the state.
The commission works to protect and promote Dalit rights. It recommends legal measures and action against discrimination to help put constitutional provisions into practice.
From text to practice
Constitutional provisions are only the beginning. Commentators in the Nepali press note that many parts of Article 40 depend on implementing laws and that implementation has been slow. The practical effects of these rights depend on detailed laws and how they are applied.
The Constitution defines the rights, statutes are intended to provide detail, and the National Dalit Commission recommends changes and action. Together, they form a system for putting Dalit rights into practice in Nepal.
To understand why these provisions were needed, read the history of the Dalit movement.