Even though incidents of discrimination against Dalits have been happening in public places for years, the victims do not get legal redress. First of all, the victims do not reach the police administration. Even if a case is registered, they are forced to withdraw it after settling the case in the village.
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On Magh 25, a video of caste discrimination against Gajiram Sarki, a teacher at Baijnath Basic School in Kanchanpur, went viral on social media.
The teacher is seen crying in the video, saying that he was discriminated against by School Management Committee Chairman Sagar Kumar Bhandari on the day of Saraswati Puja. In the video, he says, crying, ‘I was born into a Dalit caste and am being punished for my crime. My parents worked hard to educate me. I worked hard to pass the commission. I got a permanent job, but now I feel like I would rather quit than endure such humiliation.’ He alleges that Chairman Bhandari discriminated against him by giving him a separate tika on a separate leaf even though he had given tika to other teachers, employees, and students. After the incident became public, the caste discrimination against Teacher Sarki was widely criticized.
Teacher Sarki filed a petition with the Nepal Teachers Federation in Krishnapur town for action, alleging that there was caste discrimination in the school. The federation issued a statement saying that this incident has not only seriously hurt Sarki’s personal honor but also the self-respect of the teaching community.
The federation had also demanded legal action against the president Bhandari and removed him from his post. But no action was taken, nor did he resign. This is not the first incident of discrimination against Dalits on the day of Saraswati Puja in the school.
Last year, a priest brought to perform Saraswati Puja at Budhakot Secondary School in Safebagar Municipality-9, Achham, had discriminated against Dalit students and guardians in a similar manner. Local Chetraj Bhatta was called to perform puja at the Saraswati temple on the premises. The students had complained that the priest had placed the Dalit student on the ground in sal leaves even though he had applied tika to others.
Not only this, Sarjan Pariyar, who is also the president of the Teachers and Parents Association, was also placed on the ground from a distance, wrapped in sal leaves. Pariyar left the school saying that he would not apply tika after being discriminated against. He, who has been the president of the Teachers' Parents Association for three terms, said that he was always ignored because he was a Dalit, from school worship to other programs. These two are just representative incidents. There are many other incidents of caste discrimination in public places because of being a Dalit.
Incidents are settled in the village
Even though incidents of discrimination against Dalits have been happening in public places for years, the victims do not get legal treatment. First of all, the victims do not reach the police administration. Even if a case is registered, they are forced to withdraw it by settling the case in the village.
Talking to Kantipur, teacher Sarki, who suffered discrimination, said that the incident was resolved by consensus without taking legal action. He said that the incident was resolved after President Bhandari apologized in the presence of about 200 parents and students. "After apologizing to the public that he would not discriminate in any place, he did not proceed with the legal process," said teacher Sarki. But he says that no discrimination of any kind is acceptable now.
Even though the incident was resolved by apologizing, the lack of legal action seems to have taken the issue of caste discrimination as a general issue. The incident that took place in the school in Achham was also resolved in the village in a similar manner. Not only this, but most of the incidents of discrimination tend to be resolved in the village, says Krishna Bishwakarma, a human rights officer at the informal service center INSEC Sudurpaschim. ‘When such incidents continue to happen in schools that produce civilized citizens, one can easily guess what the situation will be like in other places,’ he says, ‘This is a shameful issue not only for society but also for the nation.’ Bishwakarma says that state bodies should be serious about reducing incidents of discrimination.
The constitution has considered caste discrimination and untouchability as punishable crimes. Article 16 of the constitution guarantees the right of every citizen to live with dignity. Article 18 provides for equality and Article 40 for the rights of Dalits. But these rights, which are limited to paper, have not been enjoyed by the Dalit community, which constitutes 13 percent of the country's total population. He said that the Dalit community faces discrimination in public places like schools, temples, and water taps.
Various study reports have shown that incidents of caste discrimination are a serious human rights challenge not only in the Far West but also throughout the country. According to the National Human Rights Commission's annual report 2081/082, a total of 105 human rights violation complaints have been registered across the country. Out of which, 57 were in Bagmati, 16 in Koshi, 13 in Madhesh, 8 in Karnali, 7 in Sudurpaschim, and 2 each in Gandaki and Lumbini provinces.
According to the National Dalit Commission's report, out of the 64 complaints registered with the commission in 2081/082, 10 (15.65) complaints were received from Sudurpaschim province. This report mentioned that serious discrimination still occurs in public places like temples, water taps, schools, and inter-caste marriages. The report states that victims face obstacles even when they approach the police for justice. According to the Commission's data, discrimination and untouchability against Dalits on the basis of caste are increasing every year. In the fiscal year 2077/078, 36 complaints of caste discrimination were filed with the Commission across the country. In the fiscal year 2078/79, this number has increased to 53. In the fiscal year 2079/80, 55 complaints were filed, but by 2080/081, 58 incidents had been registered. Similarly, in 2081/082, 64 incidents were registered with the Commission, which almost doubled. Of these, Sudurpaschim Province has the highest number of complaints after Bagmati and Madhesh Provinces. The literacy rate of Sudurpaschim Province is 76.25 percent, which is equal to the average literacy rate of Nepal. But not only development here, but also caste discrimination, evil practices like Chhaupadi and increasing violence against women are identifying the Far West as a backward province.
A study titled ‘Status of Constitutional Rights of Dalits in Karnali and the Far West’ has shown that the Dalit community’s access to justice in the Far West is very weak. The study mentions that more than 26 percent of Dalits are still directly experiencing untouchability and that government agencies (especially the police) are hesitant to register Dalit cases.
The constitution, acts and laws for Dalits are limited to paper. In every election, political parties make caste discrimination an election agenda. Human rights activist Bishwakarma said that even if leaders promise to eliminate untouchability when they enter Dalit settlements, that agenda and assurance will end with the election. He said that even though the laws are sufficient, the Dalit community is forced to live a life of humiliation due to weak implementation.
