Caste-based Discrimination and Untouchability Act of Nepal

The Caste-based Discrimination and Untouchability (Offence and Punishment) Act of Nepal, enacted in 2011 (2068 B.S.), represents a landmark step in the country’s commitment to ensuring equality, human dignity, and social justice. Rooted in the principles of the Constitution of Nepal and international human rights standards, the Act aims to eliminate deeply entrenched caste-based discrimination and the practice of untouchability, which have historically marginalized Dalits and other oppressed communities.

This legislation criminalizes any act of exclusion, restriction, or humiliation based on caste, whether in public or private spheres, including in religious, educational, employment, and service-related contexts. It prohibits denying access to public places, preventing inter-caste marriage, and forcing individuals to follow discriminatory customs or traditions. Those found guilty can face fines and imprisonment, making it a powerful legal tool for justice.

The Act not only penalizes discriminatory behavior but also empowers victims to seek redress through the legal system. It mandates state responsibility to promote awareness and protect victims. Despite challenges in implementation and persistent societal biases, the Act serves as a crucial foundation for building a more inclusive and equitable Nepal, where all individuals are treated with respect and fairness, regardless of their caste or social background.

1. Caste Discrimination

If any person commits, or causes to be committed, any act referred to in this Section on the ground of custom, tradition, religion, culture, rituals, origin, caste, race, descent, community, occupation, or business, or physical condition, shall be deemed to have committed untouchability and discrimination.

Right against untouchability and discrimination

• 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 select employment and to work,
• Right to have equal salary for an equal work,
• Right to have equal access to public places,
• Right to get prompt judicial remedies and appropriate compensation against untouchability and discrimination.

Prohibition of untouchability and discrimination

The Act strictly prohibits anyone from committing or causing caste-based discrimination or untouchability. It also forbids aiding, abetting, instigating, or attempting to commit such acts. Anyone involved in these actions is considered to have committed an offense under this law. The provision emphasizes accountability for both direct and indirect involvement in caste-based discrimination, ensuring that all forms of participation in such practices are legally punishable. This reflects Nepal's commitment to promoting social equality and protecting individuals from discriminatory behavior based on caste or untouchability, in line with human rights principles and constitutional values.

Prohibition of Discrimination Based on Social Identity

• No act of untouchability or discrimination is justified on the grounds of custom, religion, caste, race, origin, occupation, or physical condition.
• Anyone who commits or encourages such acts is considered to have violated the law.

The Act clearly states that cultural or traditional practices cannot be used as a justification for caste-based discrimination or untouchability. Regardless of the social norms that may have existed historically, all individuals must be treated equally under the law. This provision ensures that deeply rooted biases stemming from caste, occupation, or physical conditions cannot be used to harm, exclude, or marginalize anyone. The law targets not just direct actions but also those who incite or abet such behavior. By removing the shield of tradition, this section directly challenges the social legitimacy of caste hierarchies and promotes a modern, inclusive legal framework that supports human rights, equality, and dignity for all citizens.

2. Ban on Social Exclusion in Public or Private Spaces

• Preventing or restricting people from attending public events or entering public spaces is illegal.
• Social exclusion, expulsion, or discriminatory treatment in any form is prohibited.

  This part of the Act prohibits any act of social exclusion based on caste or other discriminatory grounds. It outlaws restrictions placed on individuals from participating in public or private functions, events, or gatherings. For instance, denying someone access to temples, public taps, community events, or cultural programs is a punishable offense. It also addresses the issue of expelling individuals from social or communal settings and applies to both individuals and groups who enforce such practices. The law recognizes that inclusion in public life is essential to human dignity and that social ostracism is a form of violence that reinforces caste-based inequality. Hence, it holds perpetrators accountable to ensure equal participation of all.

3. Equal Access to Public Services and Opportunities

• No one shall be denied public services, the right to organize public events, or access to employment and business based on caste or similar identity.
• Discrimination in wages or hiring is strictly prohibited.

  The Act ensures equal access to all public services, including government programs, infrastructure, and employment opportunities. Discrimination in jobs, business dealings, and remuneration based on caste or social identity is illegal. For example, denying a Dalit access to a water tap or excluding someone from a job solely due to their caste background is punishable under this law. This provision promotes economic justice by breaking the cycle of exclusion in employment and entrepreneurship. It emphasizes that everyone, regardless of their background, deserves the opportunity to work, earn, and live with dignity. It also prohibits compelling individuals to follow certain occupations based on their caste or community, which historically forced Dalits into demeaning jobs.

4. Protection of Civil, Cultural, and Religious Rights

• Individuals cannot be prevented from performing religious activities or public functions due to their caste.
• Restrictions on inter-caste marriage or ceremonies like naming rituals are punishable.

  This section protects cultural, religious, and personal rights, ensuring that individuals are free to practice religion and perform rituals without discrimination. It specifically targets practices like barring Dalits from temples, denying them the right to perform naming ceremonies for their children, or forcing inter-caste couples to dissolve their marriages. These acts are rooted in deep social prejudice and have long-term psychological and social consequences for victims. By explicitly addressing such violations, the Act empowers individuals to freely celebrate their identity and engage in cultural practices with dignity. It also supports inter-caste marriage as a step toward social harmony and integration, making any opposition to such unions a legal offense.

5. Ban on Discriminatory Media and Propaganda

• The Act forbids promoting caste-based supremacy through media, literature, or digital platforms.
• Discrimination, hate speech, or casteist messages in any form are illegal.

  This provision addresses modern channels of discrimination by banning the dissemination of content that promotes caste-based superiority, untouchability, or hatred. This includes books, films, cartoons, posters, social media posts, and other forms of communication. By criminalizing such acts, the law aims to prevent the normalization and spread of caste prejudice. The inclusion of electronic and audiovisual media is especially important in today's digital age, where hate speech and discriminatory ideologies can go viral and influence public opinion. The Act recognizes that prejudice is not only enacted through behavior but also through ideas and messages that reinforce social hierarchies. It calls for a shift in narrative and ensures that the dignity of every community is protected in both physical and virtual spaces.

Punishment

• Any act of untouchability or discrimination based on custom, tradition, religion, culture, caste, race, descent, occupation, or physical condition is considered a punishable offense.
• No one shall restrict or prevent anyone from entering or participating in public or private places or events.
• Social exclusion, expulsion, or any form of discrimination in public places is prohibited.
• Denying access to public services on discriminatory grounds is forbidden.
• Preventing individuals from organizing or performing public events is not allowed.
• Prohibiting or forcing someone to engage in a particular occupation or business is unlawful.
• No one shall prevent or restrict others from performing religious acts.

Imprisonment for a term from three months to three years and a fine from fifty thousand rupees to two hundred thousand rupees.

• Discrimination in the production, sale, or distribution of goods or services is banned.
• Selling or providing services exclusively to specific castes or preventing access to them is not allowed.
• Discrimination within families, including eviction based on caste, is prohibited.
• Preventing inter-caste marriage or denying rights to individuals born from such marriages is illegal.
• Publishing or sharing any content that promotes caste supremacy, discrimination, or hatred is a punishable offense.
• Discrimination in employment or wages based on caste, race, or origin is prohibited.

Imprisonment for a term from two months to two years and a fine from twenty thousand rupees to one hundred thousand rupees.

• Instigating, provoking, abetting, or participating in caste-based discrimination is an offense.

Liable to half the punishment prescribed to the principal offender.

• If anyone hinders or obstructs the inquiry or investigation of an offense under this Act, the court may punish them with half the penalty that would apply to the main offender, based on the investigating authority’s report.

Compensation:

If someone is found guilty under this Act, the court may order them to pay compensation to the victim, up to a maximum of two lakh rupees.

If the offender causes physical harm or loss to the victim, the court may order them to pay for medical treatment and additional damages based on the severity of harm.

If the offender cannot pay immediately, the compensation will be provided from the victim relief fund as per existing laws.

The amount paid from the fund will later be recovered from the offender and returned to the fund.

Procedure

Limitations of filing a case:

A case has to be filed on any offence under this Act, within three months from the date of its commission.

Summary procedure to be followed

Complaint

• Anyone aware of an offense can file a complaint at the nearest police office.
• If the offense occurs outside Nepal, the complaint can be filed at the police office where the victim or accused resides.
• If the police refuse to register or act on the complaint, it can be submitted to the National Dalit Commission or the Local Body.
• These bodies must forward the complaint to the concerned police office.
• Upon receiving the complaint, the police must investigate and take action according to the law

The Caste-based Discrimination and Untouchability (Offence and Punishment) Act, 2011 of Nepal is a landmark law aimed at ending caste-based discrimination and promoting equality and dignity for all citizens. The Act criminalizes any form of untouchability or exclusion based on caste, race, descent, religion, occupation, or physical condition in public and private spheres. It protects civil, cultural, and religious rights and guarantees equal access to public services, employment, and opportunities. Discrimination in marriage, wages, education, or the media is strictly prohibited. Violators face imprisonment from two months to three years and fines up to two lakh rupees. Victims are entitled to compensation, including medical costs if harmed, and can receive interim relief from a victim relief fund. Complaints can be filed with police, and if ignored, forwarded to the National Dalit Commission or local bodies. The Act ensures that Nepal’s legal system supports justice, human rights, and social inclusion for all, especially Dalits.

Services provided by Alpine Law Firm in Cases related to Caste discrimination and untouchability

1. Legal Consultation and Counseling

Law firms provide professional legal advice to victims of caste-based discrimination, helping them understand their rights under Nepal’s Constitution and the Caste-based Discrimination and Untouchability (Offence and Punishment) Act, 2011. During consultation, lawyers assess the facts, identify if a legal offense has occurred, and suggest the best legal course of action. Victims often face fear, social pressure, or confusion, so counseling also includes emotional support and clarity about the legal process.

2. Case Filing and Documentation

Proper documentation is key to any legal case. A law firm assists in preparing and filing a formal complaint with the nearest police office, or with the National Dalit Commission or local government body if the police are unresponsive. Lawyers draft essential legal documents such as complaints, petitions, and statements that accurately describe the incident and ensure they comply with legal requirements. They also ensure that complaints are filed within the legal deadline (within three months from the date of the offense).

3. Legal Representation

Lawyers represent victims in court to ensure that justice is served. This includes appearing in legal proceedings, presenting evidence, questioning witnesses, and arguing the case. A law firm ensures that the accused is prosecuted according to the law and that the victim receives appropriate compensation or protection. Legal representation is also available for those falsely accused under the law, ensuring that everyone’s rights are protected during the judicial process.

4. Mediation and Conflict Resolution

In certain situations where community harmony and safety are a concern, law firms may offer mediation services. This is particularly helpful in resolving disputes while ensuring the dignity and rights of the victim are not compromised. Mediation is conducted under legal guidance to avoid further victimization and often results in community-level agreements or reconciliations that are supported by law.