Lawyers National Campaign against Untouchability, Nepal

Global Lawyers against Untouchability in Nepal (GLUN) 2006
We are overwhelmed by the response you have made to our request for Pro-Bono Legal Assistance Program under Lawyers without Borders. Unfortunately, in a short span of time the situation in Nepal has changed a lot. However, considering the present unfavorable conditions in Nepal, we have planned to form a Global Lawyers group for the same cause, which shall govern the policies, programs, activities and evaluate them as well as monitor the field-based activities. We extend our heartfelt gratitude for the concern you have shown and invite you to join us in forming this group, Global Lawyers against Untouchability in Nepal GLUN, a Non Profit Organization, based in the United States, involving International lawyers, Jurists, and Nepalese lawyers, solely for the cause and benefit for the victims of untouchability in Nepal.

On Feb. 1^st 2005, The Royal Palace took over the executive and legislative power in Nepal, putting aside the elected bodies and starting a new autocratic regime. This came as a supplement to the dissolution of the Parliament in 2002. On February 1^st, 2006; the King of Nepal announced his clear intentions of continuing his regime of so-called-democracy in the veil of some Pro-Palace Political Parties as the Democratic Elected Government. At present the political party members have been house-arrested, imprisoned, abducted and even exiled. Local elections have been forced without the representation of the major popular will. Human Rights Organizations are being forced to shut down and human rights activists are being detained in huge numbers. The freedom of press is being infringed day-by-day. And, international communities watch aloof! We wait for a favorable time to initiate our activities and shall always continue seeking for an opportunity to implement our objectives.

Raising the issues by exploiting the sentiments of the people of Nepal on various natures of existing social injustices and inequality; centuries long suppression and a long history of slavery (now abolished) in Nepal; in 1996 a hardliner political group took up arms against the state to fulfill their own political achievements.  The insurgency led by Communist party of Nepal (Maoist) has already claimed more than 12000 lives in these 10 years. One who is brutally killed in the frontier on either side is either a low ranking gunman who had taken that job because he was uneducated, poor, exploited, forced, suppressed or did not have better opportunities. Among those who died were also those known as the ‘untouchables’, promised of equal treatment when the war ends!

Its dismay that, a huge number of those who have died were those treated as untouchables. They took part in the revolt to make their dream come true, of just being treated as equal. Thousands of these innocent, uneducated and emotionally wounded speechless people are being forced into the war. Most were killed in suspicion of being envoy of the other side. Thousands have been internally displaced yet not given the status of Internally Displaced People IDPs under international laws; thousands have migrated to the neighboring nation India in order to protect their lives and are facing even harsher living condition; children and women are being trafficked at a huge rate; to sum up with the exploitation is getting worse day-by-day.

Based on Hinduism, the society in Nepal (the only official Hindu state) is basically divided into four classes of caste. The uppermost being the Brahmin or the pure; followed by Kshetriya or the warriors and state employees; the Vaisya or the economically active in small or large businesses and the lowest being Shudra or the untouchable laborers! The practice of untouchability literally divided the society as the former three as touchable and the latter as an untouchable. Even the state ratified this customary practice in 1843 AD and included in its first written codified law ‘Civil Code’ a provision that legalized untouchability in Nepal. One of the chapters in the code required mandatory untouchability practice against the untouchables and degradation of the touchable to untouchables upon violation of the law.

After a century, in 1963 AD, the state abolished untouchability in writing but by then the practice had itself deep-rooted into the minds of uneducated Nepalese for the generations to come. The states only action was repealing the existing provision and replacing it with a single impunity-provision of prohibition on practice of untouchability or illegalizing. However, no procedures were enacted, in order to curb the three millennium old culture, Hindus have been practicing nor to criminalize untouchability. After reinstatement of multiparty democracy in 1990 AD, The Constitution of the Kingdom of Nepal 1990 finally declared ‘practice of Untouchability’ as a crime. Later in 1993 AD untouchability was declared as a crime against the state and not only against the victim alone; but still adequate procedures are yet to be legislated.

Innumerable direct and indirect practices of untouchability continue to foster in the Nepalese society everyday. Usual practice of untouchability include social boycott; ban on economic activities; social exclusion on inter-caste marriage, deep-rooted intra-group discrimination, arson of community habitat, murders, rapes, heinous hate crimes, bar from entering religious, public and private places, prohibition on usages of public recourses like water, community forest, farms and intimidation to conduct degrading activities such as taking care of carcasses, cleaning toilets tanks etc. Even though the people from this community have special occupational skills and have been fulfilling the needs of the society functioning as ironsmith, cobbler, tailoring, pottery, woodcraft and indigenous craftsmanship using locally available resources; on contrary the society has not been treating them equally or even with the least respect. An axe made by an untouchable finds a place inside the home but the creator keeps squatting outside, hoping for the least income! The kitchen if filled with nearly every utensils made by them but one is never allowed to put a foot inside! The public tap foundation and construction is made on their sweat but, their thirst cannot be quenched from the same tap! The statue of a god made by an untouchable blesses all but him! The attire the priest wears is sewed by one but may not receive a blessing from him!

Only few incidents of untouchability are reported or receive media attention. Nearly none of these reach court and even if it does, one is forced to withdraw it on threat of social exclusion. During these16 years of criminalization of untouchability, one can still count the cases on fingers. Although Nepal has ratified some international instruments which prohibit racial discrimination, the government agencies, civil service and the general public tend to ignore them.

It was in this context, in 2002, Lawyers National Campaign against Untouchability LANCAU Nepal was constituted by a group of committed young lawyers from the ‘untouchables’ group as well as their counterparts.  Today, the ‘untouchables’ also known as the ‘Dalit’ Community (literally meaning oppressed), constitute nearly 1/6^th (four million according to the latest population census) of the total population (23 million) and continue to be inhumanely treated. Due to the weak law, forms and practice of Untouchability are still persistent.

Aforesaid and numerous other reasons oblige us to create a favorable environment with the means of law, for those who have been exploited. We feel this obligation as an opportunity to make an apology to them for all the hardship they have been through for generations. Through proper execution, enactment and interpretation of laws, either local or global, we believe we can make a difference in their lives and our descendants.
Below are only some of the activities which need our attention right away: