Madhesi Dalit who is missing from the police

The presence of Madhesi Dalits is pitiful compared to the hill Dalits. This article focuses on the representation of Dalits in Nepal Police and the situation of Madhesi Dalits within the Dalits and the future strategy.

Nepal's constitution has ensured inclusive representation of Dalit, women, tribal, Madheshi, Muslim and other communities with the goal of building an inclusive and equitable society.

Dalit representation in the police

According to the National Census 2078, the population of Dalits is 4 million 3 thousand 13. Among them, there are 26 lakh 7 thousand 292 (9.94 percent) hill Dalits and 13 lakh 95 thousand 721 (4.79 percent) Madhesi Dalits. Among the total Dalit population, Pahari Dalits constitute 65 percent and Madhesi Dalits 35 percent.

The 45 percent quota reserved in the Police Regulations 2049 is considered as 100 percent, and 15 percent is reserved for Dalits. However, the representation of the Dalit community in the police is weak. This situation is particularly the result of long-standing social discrimination and inequality of opportunity.

As of 2079/80, 77,000 out of 79,541 approved posts are working in Nepal Police. Out of which 68 thousand 322 (88.42 percent) are male and 8 thousand 951 (11.58 percent) female. There is no reliable data available on the representation of Dalits in the police. However, the Dalit community's human rights status report (2076/77) prepared by the National Human Rights Commission states that the representation of the Dalit community is 9 percent, citing police sources.

As of 2079/80, there are 1,518 police inspectors in Nepal Police. In the transfer list of 587 police inspectors published by the Police Headquarters on 17 August 2081, 14 (2.3 percent) are from the Dalit community. Out of 14 Dalits, there is only 1 Madhesi Dalit. There are a total of 453 posts of Deputy Superintendent of Police (DSP). Looking at the transfer list of 143 DSPs dated 7th Chait, 2080, 3 (2 percent) are Dalits. Out of them only 1 Madhesi. The total number of Superintendents of Police is 170.

Looking at the transfer list of 78 Superintendents of Police made by the Police Headquarters on March 1, 2080, it is found that only one person (1.2 percent) belongs to the Dalit community. So far no Dalit has become IGP, AIG or DIG. No one from this community has reached the level above SP. These available data show that the presence of Dalit community in higher positions is negligible. Why didn't they stop

?

Even the reserved quota for the Dalit community in Nepal is dominated by hill Dalits, which has created division and inequality within the overall Dalit community. Madhesi Dalits are under-represented in the state structure which indicates the need for equal and fair reservation implementation. For example, it has been seen that hill Dalits have been highly successful in the examinations for appointment to various police posts, while the participation of Madhesi Dalits is low.

Reservation aims to open up opportunities for the Dalit community. However, the monopoly of hill Dalits on the posts reserved for Dalits has hindered the representation of Madhesi Dalits. It has weakened the purpose of reservation on the one hand and created internal imbalance on the other.

The Police Head Office published a notice on 10th January 2078 to fill up the vacant posts of constables in Nepal Police through open competition in accordance with inclusive provisions. On November 2, 2079, among the candidates who participated in the competency examiner presentation and interview test, they were recommended for appointment in the order of merit. Dalit quota was 164 out of 2 thousand 474 people recommended. Out of which 157 persons (96 percent) were recommended were hill Dalits while only 7 persons (4 percent) were Madhesi Dalits.

Even in the list of 20 alternative Dalits, only one Madhesi Dalit could be selected. Apart from that, 103 Dalits were successful in the open category, 94 of them were Paharis, 20 people were successful in the Madhesi quota. Similarly, on the women side, 15 hill Dalit women were recommended for appointment. The fact that only 36 Madhesi Dalits (12 percent) out of 302 Dalits including open, women, Madhesi and Dalits are recommended helps to understand the condition of Madhesi Dalits in Nepal Police.

On the same date, the final result for the post of Police Inspector (District) was published on November 8, 2079. There is a quota of 10 Dalits for the post of police inspector, and 10 of those recommended are hilly Dalits. Madhesi Dalits were not included even in the alternative 2 candidates. As an alternative to the Madhesi quota, the name of a Madhesi Dalit has been recommended.

Let's look at another example. The head office had published a notification on 27th January 2079 to fill the post of police office assistant through open competition as per inclusive provisions. On 4 August 2080, 82 names were recommended for appointment. 5 hill Dalits were recommended in Dalit Quota 5 for that post. Even among the 2 alternates, there were hill Dalits. Almost one person was left in the alternative of Madhesi quota. One Madhesi Dalit and one Pahari Dalit were recommended openly.

Similarly, notification was published on 3rd October 2080 for the vacant post of Police Inspector (District). In the recommendation made on 9th June 2081, the names of 6 out of 6 Dalit quota were recommended. Hill Dalits were also among the 2 alternates. The name of a Dalit from the hills was also recommended. In Madhesi quota, Madhesi Dalit Visheshwar Prasad Harijan was recommended.

The mentioned 3 advertisements are such witness evidence, which confirms the internal discrimination within the Dalit reservation by filling up posts in the Dalit quota. It also shows that the representation of Madhesi Dalits in the seats reserved for Dalits is zero with exception. It should be considered ironic that even the alternative list does not recognize Madhesi Dalits. What is more sad is that this is not just a one-time exception, but a series of continuations. Looking at the trend year after year, it is clear - Madhesi Dalits cannot compete with their hill counterparts. Just as the remaining 70% could not compete with the 30% Khas/Aryas, the reservation system was created in the country, similarly within the Dalit community, more special arrangements were needed for the Madhesi Dalits. The Dalit community in Nepal has been suffering from social discrimination and inequality for a long time. Representation of Dalits in institutions like the police reinforces principles of social justice and inclusion. There is no doubt that the police force representing different castes, religions and communities can play an important role in managing conflicts that may arise in society.

The Constitutional Bench of the Supreme Court of India, in its landmark judgment on reservation only a few days ago, said that even within the 15 percent reservation quota allocated for Scheduled Castes (Dalit), the most backward communities can be sub-categorized and set a separate percentage. Also, the creamy layer of the Scheduled Castes (Dalits) and the Scheduled Tribes (Tribal Tribes) will also get reservation facilities, while the creamy layer, which was only in the OBC category, was deprived. It is believed that by redistributing the reservation, the returns will reach the real target group.

What to do now?

The representation of the Dalit community in Nepal Police is dominated by the hill Dalits, while the presence of the Madhesi Dalits is minimal. Hence equal and fair implementation of reservation is necessary to address this disparity. By arranging a separate reservation quota for Madhesi Dalits, their representation in the police service can be increased. Which brings positive change in the society.

Madhesi Dalits are victims of the fourth level of discrimination within the Madhesi community and even compared to the hilly Dalits. They are ostracized even within the Madhesi community. A special training program should be conducted to overcome linguistic and cultural barriers when entering the police service. In addition, it is necessary to conduct financial and social support programs as an incentive to the Dalit youth.

Madhesi Dalit community has no choice but to seek legal remedies against it if the 'recommendation trend' continues to be done to Madhesi Dalits in violation of the constitution. Like other citizens of the Madhesi Dalit country, they fought against the Rana regime, panchayats and kings and helped bring about the republic. Together with the Dalits, they fought against the entire state structure and ensured constitutionally few rights.

Together with the Madhesi, they fought against the hill state power and brought federalism through the Madhesh movement. But still fighting for equal opportunities within the Dalit quota. Federalism has come, but Madhesh is still fighting with the 'so-called upper castes' for identity, representation and budget and for proportional inclusion in the country. After all, how long should Madhesi Dalits continue to fight for equal rights?