Dalit: Debate is necessary in the constitution

To solve the problem of caste system and Dalits, it is not only by talking about untouchability-discrimination, but it is necessary to uproot its roots in economy, politics and overall level.

Ashad 9, 2082

Dalit: Debate is necessary in the constitution

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Artificial Intelligence (AI) is taking the world by storm. Information technology is booming and Alan Max is planning to put chips in people's brains. The capitalist world order has people flying on rockets of dreams and ambitions.

People are becoming slaves to consumerism. A person who has taken a dreamy flight of life may feel that even in today's era, talking about caste is a waste of time. 

However, the thing that should not be forgotten is that even today George Falved, a black man, is strangled to death by the police on a busy street in America. Thenmoji Soundaryarajan gets ostracized at Google News headquarters because of caste. Payal Tadvi, a tribal student from India, is forced to commit suicide in the campus courtyard after constant discrimination, threats, insults, abuse and exclusion. She was becoming a doctor for the first time from her community. In Nepal, there is a mass killing of Navaraj Vikas. Seven months after her disappearance, a 19-year-old girl from Myagdi was found buried in the forest after she became pregnant due to a relationship. It is proven that there is a 6-month-old fetus in her stomach. 

Satyendra Kumar Ram and Neha Rauniyar of Sarlahi rejected the discrimination of caste, religion and class and made their love win. However, Neha's father Surendra Rauniyar started abusing his power to break their relationship saying that his daughter had married a Dalit youth. The news of abuse of power by the Home Minister and the IGP, who are in the position of literally enforcing the law, was shocking. 17-year-old Rinkukumari Sada of Navrajpur rural municipality-1 Bhagwatipur of Siraha was found dead on January 30 after being gang-raped on January 27. The house of Deepak Marik (Dom) was demolished in the name of performing Mahayajna in Aurhi Rural Municipality-5 of Siraha. 

No matter how modern the society enters, the issue of caste is appearing everywhere. Dalit community is being beaten with new weapons of discrimination. There are two types of commentaries on the caste system. One – Dalits and marginalized communities do not need rights and benefits. Second - now the matter of caste is a subject that destroys Nepali society and politics of caste brings division. However, the reality is that caste is still having a profound effect on people's mentality, daily life and lifestyle. 

There is inequality in the country. All mechanisms of the state are dominated by a certain community and class. Majority communities in multicultural countries are deprived of every opportunity of the state. Academic studies conducted by government and non-government levels have also shown the economic, social and political condition of the majority of those communities to be miserable. Such an arrangement made the character of the state inconsistent and increased the conflict between the "Hunekhane" and "Hundakhane" classes, so the country was taken to a federal democratic republic with a policy of "proportional inclusion" to reduce possible threats. 

The constitution issued by the Constituent Assembly, which was formed after the great sacrifice, dedication and sacrifice of the Dalit community, has also completed 9 years. However, fundamental changes in Dalit life have not yet begun. In the meantime, what did the Dalit community get from this constitution? How much has benefited? How has their standard of living changed? A serious review is necessary. 

The constitution made untouchability-discrimination punishable in all public and private places. This is a very good step. Dalit women have the right to become ward members, a Dalit can be included in the village/municipality executive, proportional inclusion in the union and state, and some inclusion in the administrative mechanisms has been provided. On the scale of the past, these rights are certainly reformative, but they cannot be considered revolutionary at all. Because these reformed and inclusive types of rights cannot bring fundamental changes in the life of Dalits who have been trapped in the caste system for three thousand years. Building a palace of 'Dalit rights' in the constitution cannot be everything, rather what is the concrete arrangement in that palace is the main concern. 

The entire Dalit and non-Dalit community is suffering from the caste system, but it is clear that the Dalit community is the most affected. Even now, many people think that the problem of Dalits is only untouchability and discrimination. But thinkers like Ahuti have scientifically proven that the caste system is an entire social order or system. Caste system is rooted in economy, politics and culture. Therefore, to solve the caste system and the Dalit problem, it is not necessary to talk about untouchability-discrimination alone, but it is necessary to uproot its roots at the economic, political and overall levels. Did the republican constitution of Nepal stand against the overall basis of the caste system? Here is the question. This constitution has not accepted Nepali society as a society based on caste system, is it not? How is it that the caste system prevails everywhere in the society, but the constitution has not accepted it?

One, the Dalit community, which is at the root of the caste system, has been constantly being discriminated against in all three areas of economy, politics and culture-society. In the economic field, landlessness, cropping system and unemployment are the problems of Dalits. The data clearly shows that 23 percent of Dalits in the hills and 44 percent in the Terai are landless. And there are 66 percent Dalits without agricultural land in the hills and 90 percent in the Terai. Did the constitution address the situation of Dalit access to land, which is the main asset of Nepali society? Not at all. In the original case, the point that 'the state gives land to a landless Dalit once according to the law' was dropped on the issue of giving land like squatters in the law. And how did this constitution facilitate the access of Dalits to land? 

Two, as long as the traditional occupations of Dalits were service subjects, they were compulsory occupations for Dalits. But ever since these professional jobs became a source of income for trade and industry, they have been taken away from the hands of Dalits. As non-Dalits in capital investment, those cash-earning jobs have been easily hijacked from Dalits. Has the current constitution upheld the priority of the Dalit community in modern business such as metal, cloth, leather, music, communication, etc., which Dalits have been doing as service for three thousand years? When Dalit rights are not established in landlessness and traditional occupations, how can Dalit rights be established in the economic sector? 

Three, with the entry of tractors, panic unemployment of Dalits including Mushar started in Terai. The Musahar community has reached a deal of annihilation. With the entry of non-Dalits into the iron, tailoring and leather trades and the promotion of alternative materials, the unemployment of kami, sarki and damai increased sharply. The plight of the Wadi community, which has become home to nothing with Prithvi Narayan Shah's state expansion campaign, is evident. With the establishment of Radio Nepal, Gandharb's unemployment also increased. Dalits who are dependent on agricultural labor in the hills are at a disadvantage with the exodus of middle-class farmers from agriculture. The indiscriminate promotion of plastic goods has resulted in the loss of jobs for many working communities from the Doms of the Terai to the hills. Even with the production of the modern nurse, the Sudanese profession of Chamar women is disappearing. Amidst urbanization and modernization, only the Halkhor of the Terai and the Chamey and Pode communities of the Bagmati Valley have continued employment. But their degraded life, employment is not enough.

Four, Dalits were said to be free in higher education with scholarships according to the law as a fundamental right of the constitution. This fundamental right is conceived as a form of compensation for the historical oppression of Dalits by the caste system that prevents them from attending organized education. But on the one hand, a conspiracy was made against the fundamental right as per the law. Another thing is that the law in the country has been made to encourage private schools and colleges for sahujis. Now where do Dalit students study free education with scholarship? Can you find anything else as mocked as this point of fundamental rights? Making education a commodity for sale and writing for free in the original right? Communities like Dom, Musahar are in crisis of existence but the state keeps making rumors of one MBBS scholarship for them. Such drama can be nothing but a vulgar farce. 

Fifth, the interim constitution considered untouchability-discrimination only punishable, but the current constitution considers it a 'serious social crime'. Which category is this? Shouldn't the law explain? Is it not necessary to make a new state law according to that? Of course, but who cares! The state is not interested in having a Dalit desk in the police station. 

Because of all these problems, distortions and inconsistencies, it is never correct to limit the implementation of the constitution only. It is imperative to find the reason for this in the constitution, which has not stood firmly against the caste system. The parliamentary parties are raising the issue of constitutional amendment to fulfill their dream of coming to power. But why should the Dalit community not question the constitution to pave the way for their liberation? 

– Darnal is a Dalit rights activist and social activist.

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