Inequality And Social Justice in Nepal: Constitutional Provisions, Theoretical Perspectives and Contemporary Challenges

Abstract

Despite constitutional guarantees of equality and social justice, Nepal continues to experience persistent socio-economic, political, gender, caste, ethnic, and regional inequalities, making it essential to examine the constitutional framework, relevant theoretical perspectives, and contemporary challenges to achieving an inclusive and equitable society. The primary objective of this article is to critically review the constitutional provisions, theoretical perspectives, major forms of inequality, contemporary challenges, and policy and institutional measures related to promoting equality and social justice in Nepal. As a diverse, multiethnic nation, Nepal has transitioned from centuries of legally codified caste hierarchies (the 1854 Muluki Ain) and exclusionary centralist regimes to a federal democratic republic built on proportional inclusion and substantive equality. I employed a qualitative exploratory research design which reviews the categorical qualitative data was through five distinct theoretical lenses: Marxist, Liberal, Feminist, Critical Theory, and Functionalist frameworks. The secondary data were collected from journal articles and related books.  It reviews the deep chasm between formal constitutional protections (specifically Articles 18 and 42) and actual ground realities.  The secondary data were analyzed through a critical analysis. The analysis reveals that how traditional class structures have evolved into a "remittance and real estate" elite that exploits a fragmented migrant proletariat, and how aggressive gender and caste quotas suffer from an "inclusion-effectiveness gap" driven by elite capture. This article concludes that achieving genuine justice in Nepal requires moving beyond quantitative tokenism toward equitable resource distribution, systematic overhauls of community education, and decentralized economic opportunities.