The government is trying to eliminate discrimination through the constitution and laws. But the law alone cannot eradicate caste discrimination and untouchability that have been rooted in the society for centuries.
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The inequality created by apartheid in South African society was stark. The state, by making laws, banned black people from education, health, and employment. They were deprived of every resource and means of the state. Their lives were marred by discrimination and injustice. They were forced to live as the rulers of the white race and slaves of the society. It is not long since history that man has forced man to live such a hellish life.
It was uncomfortable for them to go from one place to another, they had to get a pass to move, they had to live separately, and they were not even able to lead an independent life. Against such an unjust system, African black people were united in the struggle to build an egalitarian society.
Around 1953, it was arranged for black children to study only in schools built by the government. While those schools were limited to training for the construction workers needed for the white race. The University Act of 1959 made black students completely barred from university admission. The people of that community were locked in the walls of injustice, tyranny and discrimination with the chain of law everywhere, which was making the whole society shaky . The people of Kalajati were also united against the tyranny. The voice of rebellion started to be heard .
Finally, on March 21, 1960, the African National Congress announced a peaceful protest against the apartheid law 'Pass Law'. There was a peaceful demonstration against the discriminatory system and violence. But the state did not tolerate that rebellion by black citizens, and 69 protesters were killed when the police intervened.
The incident of the inhumane massacre drew the attention of the world community, this unjust behavior became widespread among the world community.
The United Nations also commented on the incident as inhumane and genocide. Later in 1965, on the initiative of the United Nations, a conference against color/caste discrimination was held and the Convention was passed. The Convention was accepted and ratified by Nepal in 1971. Since then, the world community has been celebrating March 21 as the Day for the Elimination of Apartheid and Racial Discrimination. On the basis of that convention, the movement against caste discrimination and related laws are gradually developing in Nepal.
The International Committee on the Elimination of Racial Discrimination (SARD) formed for the implementation of the Convention has been working, and the parties have to submit a progress report to the SARD every two years. But Nepal has been submitting that report only occasionally. The last time Nepal submitted such a report after 2004 only in 2017 . On the one hand, it is clear that the government of Nepal is indifferent to the end of such discrimination by not submitting the report on time according to international commitments and on the other hand by not showing interest in the implementation of laws designed to end and prohibit untouchability and discriminatory behavior based on caste within the country.
It is not that no law has been made to end caste discrimination and the inequality created by it in Nepal, but due to the lack of its implementation, the prevailing discrimination in the society is not reduced, but the events are making us feel that it is becoming more cruel and cruel.
On the strength of the interim constitution made after the people's movement of 2062/63, the then interim parliament declared the country an untouchable free nation . Although that declaration tried to liberate the Dalit community, which has been oppressed by the weight of discrimination for years, it could not be fully implemented in practice. In 2068, the Caste Discrimination and Untouchability (Crimes and Punishments) Act was promulgated. But even that law could not stop those who have the mentality of discrimination .
The Constitution of Nepal 2072 seems to have accepted the natural right of the Dalit community to be included in the decisive level by adopting the principle of proportional inclusion in the preamble of the constitution and making every body of the state inclusive. Article 24 of the Constitution provides for the rights of the Dalit community against untouchability and discrimination, and Article 40 provides for the rights of Dalits. But the laws related to those rights have not been made yet. Although the constitution ensures the representation of the Dalit community on an inclusive and proportional basis at the local level, the presence of the Dalit community has started to be seen in the political sphere.
It cannot be denied that the government has tried to eradicate discrimination through the constitution and laws. But the law alone cannot 'dismantle' caste discrimination and untouchability rooted in the society for centuries.
The government should promote the empowerment, participation and activism of the Dalit community not only politically, but also in the social, economic and administrative spheres. Not only their representation, but meaningful participation should be ensured . Only then can the task of creating an egalitarian society be completed according to the spirit of the constitution.
In order to free the society from the mentality of caste discrimination and untouchability, the government needs to invest in increasing the awareness level of all aspects of the society through policies, programs and plans. Now the state agencies built for the Dalit community have been rendered without resources and assurances of new construction have been distributed. In this way, the parties can show their political presence, but they cannot eliminate the social crimes like caste discrimination which is entrenched in the society .
The principle of natural justice says that the nature of things created by nature can be changed but its character cannot be changed. Therefore, the discriminatory system of caste discrimination and untouchability cannot be changed . If the state so wishes, it can be removed at once . It is a bad practice created by the society, an inhumane social crime . Which can be deleted by this social power and system . In a democracy, it is the government's responsibility to protect the human rights of every citizen. Therefore, it is the responsibility of the state to guarantee the right of the Dalit community to live with dignity.
