Caste-Based Discrimination and Untouchability in Nepal: Legal Provisions and Punishments

Caste-based discrimination remains a deeply rooted social issue in Nepal, despite legal prohibitions and efforts to promote equality. Historically influenced by the Hindu caste system, Nepalese society has long been stratified, marginalizing Dalits and other lower-caste groups. These communities face systemic exclusion in education, employment, politics, and social interactions, often experiencing violence and social stigmatization. Although Nepal’s constitution and legal framework, including the Caste-Based Discrimination and Untouchability Act (2011), criminalize such discrimination, enforcement remains weak. Achieving true social inclusion requires strong legal implementation, awareness campaigns, and grassroots efforts to challenge deeply ingrained prejudices and ensure equal rights for all. The National Penal Code has also penalized caste-based discrimination and untouchability.

Legal provision regarding caste-based discrimination and untouchability. (Constitution of Nepal 2072)

Article 24: Right against untouchability and discrimination

• No individual shall face any form of untouchability or discrimination in either private or public spaces based on their caste, ethnicity, community, profession, occupation, origin, or physical condition
• No individual shall be restricted from purchasing or accessing any goods, services, or facilities based on their caste or tribe. Likewise, such goods, services, or facilities shall not be exclusively sold, distributed, or provided to members of a specific caste or tribe.
• No act shall be permitted that portrays any individual or community as superior or inferior based on origin, caste, tribe, or physical condition. Similarly, any justification of social discrimination, promotion of untouchability, propagation of caste-based superiority or hatred, or encouragement of caste-based discrimination in any form is strictly prohibited.
• No discrimination in any form shall be allowed at a workplace with or without making untouchability on the ground of caste.
• Any act of untouchability or discrimination violating this Article shall be legally punishable as a serious social offense, and the victim shall have the right to receive compensation as per the law.

Caste-based discrimination and untouchability Act 2068

Caste-based discrimination and untouchability: (Section 4)

This act defines Caste-based discrimination and untouchability as following acts in any public or private place against a person, on the grounds of custom, tradition, religion, culture, rituals, origin, caste, race, descent, community, occupation, or business or physical condition.

• To expel anyone individually or collectively from a public place or public occasion or to make social exclusion or discrimination of any kind or to impose restriction on such act or to demonstrate any other kind of intolerant behavior.
• To prevent, control, or restrict anyone in any way from entering, attending, or participating.
• To deprive a person of using or enjoying public service.
• To deprive a person of organizing a public occasion or performing any act to be organized publicly.
• To instigate or provoke anyone to commit an act that causes untouchability or discrimination or abet anyone to commit such act, or knowingly participate in such act.
• To prohibit anyone from carrying on a profession or business or compel anyone to carry on any occupation or business.
• To deprive or cause to deprive anyone of performing any religious act.
• To prevent, or cause to prevent, anyone from producing selling, or distributing any goods, services, or facilities.
• To sell or distribute any goods, services, or facilities only to the person belonging to a particular caste or race or prevent such a person from purchasing or obtaining the same.
• To exclude any member of the family or prevent him or her from entering into the house evict him or her from the house or village, or compel him or her to leave the house or village.
• To prevent a person of marriageable age under the prevailing law from getting inter-caste marriage or deny to perform the naming ceremony for the person born from such marriage or compel, or cause to compel, one to dissolve the already concluded marriage.
• To disseminate, publish or exhibit any audio-visual material, article, picture, figure, cartoon, poster, book or literature or by way of electronic means or any other manner, denote hierarchical supremacy of any person or community on the ground of origin, caste or race of such a person or community or justify social discrimination on the ground of caste, race or untouchability or transmit the views based on untouchability and caste-supremacy or hatred.
To deny, or cause to be denied, anyone to provide employment or discriminate in remuneration.
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Punishment

• A person who aids, abets or instigates anyone to commit untouchability or discrimination 23or attempts to do such act shall be liable to half the punishment prescribed to the principal offender.
• If a person repeatedly commits any offence mentioned above then such a person shall be liable to double the punishment.
• If a person holding public post commits the offence mentioned above then he/ she shall be liable to the punishment of an additional fifty percent to the punishment.

Right against untouchability and discrimination (Section 2A)

• Right to have equal treatment from the court or other judicial body,
• Right to equal protection in respect of the services and facilities to be provided by any governmental body,
• Right to equal access to public services,
• Right to make movement and reside within and outside Nepal,
• Right to equal participation in cultural activities,
• Right to marry and choose the bride or bridegroom,
• Right to assemble peacefully and organize,
• Right to have an equal salary for equal work,
• Right to have equal access to public places,
• Right to get prompt judicial remedies and appropriate compensation against untouchability and discrimination.

Complaint Mechanism

• Make a complaint to the nearby police office. A complaint shall be made to the nearby police office of the area where the victim resides or of the district where the defendant resides.
• If the concerned police office does not register the complaint or does not take necessary action on the complaint, the concerned person may make a complaint of that matter to the National Dalit Commission or Local Body.
• The National Dalit Commission or Local Level shall forward the complaint received to the concerned police office,
• After receiving the complaint concerned police office shall make necessary inquiry into the complaint and take necessary action on such a complaint

Procedure

• Limitation to file case: A case has to be filed within three months from the date of its commission.
• Government of Nepal to be plaintiff: The Government of Nepal shall be the plaintiff such a case.
• Summary procedure to be followed: The procedures as provided in the Summary Procedure Act, 2028 shall be followed in the trial and settlement of the cases.