Caste-Based Discrimination and the Social Status of Dalits in Nepal: A Socio-Legal Analysis

Abstract

Despite the progressive legal reforms in Nepal, the issue of caste-based discrimination and practice of untouchability continues to affect the constitutional right of equality. This research article deals with the evolution, constitution and legislation of the rights of Dalit communities and their social condition at present. This study is descriptive-analytical socio-legal study, adopting a descriptive-analytical socio-legal methodology, using both primary and secondary legal sources, including the National Dalit Commission reports, the National Civil Code 2017, the Caste Based Discrimination and Untouchability (Offence and Punishment) Act 2011 and The Constitution of Nepal 2015. Results show that formal equality has been well secured in law while substantive equality is yet to be achieved. The 2021 census data showed that the Dalits' population was about 13.4 per cent of the total national population, but the marginalisation of the Dalits in terms of poverty, education, employment and state institutions persisted. Lack of enforcement, low institutional capability of the National Dalit Commission and strong existing social norms uphold discrimination in the public and private sphere. The article concludes that the effective implementation of Dalit rights must involve not only strict enforcement of existing laws, but extensive social awareness campaigns, affirmative actions, and structural changes that take into consideration the intersectionality of caste, class, and gender. It recommends more robust monitoring systems, more legal aid, modernization of traditional occupations, and the integration of the anti-discrimination education into the national curriculum.