NEPAL: Couple missing and entire family forcefully displaced following an inter-caste marriage

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a couple are missing and their family members have been forcibly displaced after an inter-caste marriage since 27^thJuly 2014. This incident had taken place in Labani, Village Development Committee-5, Kapilvastu in Nepal where Binaya Kumar Harijan, 21 years old belonging to the Dalit community and Sita Chaudhari Tharu 19 years, had married and are since been reported missing.

They have been last seen at 6 a.m. on the 27^th July 2014. Binaya’s family believes that the inter-caste marriage is the cause for this disappearance and suspect the couple may have even been killed. According to information received the Binaya’s family has left their home and the village in fear of their lives, and has been hiding ever since, in order to avert further attacks. Nepal’s laws stipulate the ages of 18 for a woman and 21 for a man to have the right to marry without adult consent. However inter-caste marriages with persons belonging to the Dalit community are not accepted by the Nepalese society due to the strong prevalence of the caste system and hence rampant discrimination against people of so called lower castes.

CASE NARRATIVE:

A couple belonging to two different castes who had been married are reported missing since 6 a.m., on 27^thJuly 2014. The groom Binaya Kumar Harijan aged 21 and the bride, Sita Chaudhari Tharu, aged 19, have been missing since 6 a.m. on the 27^th July 2014. The couple is residents of Labani Village Development Committee (VDC)-5 of Kapilvastu District in Nepal. Both Binaya and Sita are students of Grade 11 in Nandanagar Higher Secondary School and the Chatrapal Higher Secondary School respectively. According to family members, the couple has been in a relationship and Binaya hails from the Dalit community and Sita from a non-Dalit community. Binaya’s family believes that the inter-caste relationship and the marriage is the main cause for the couple’s disappearance. Inter-caste marriages are not accepted by the Nepali society and are vehemently opposed by those who belong to so called upper castes.

It is further learnt that after the couple were reported missing, Gujarati Chaudhari, Sita’s mother, had instituted and registered a case at the Lawani Police Office, Kapilvastu on 7 August 2014 against Binaya and his family. Following which, police have transferred the case to the Pakadi Area Police Office. The Pakadi Area Police Office had later summoned members of both families to the police station and had conducted an oral inquiry on 18^th August 2014.

Following the inquiry, instead of investigating into the couple’s whereabouts, police have instructed the Harijan family (Binaya’s family) to find the missing couple by themselves and within a period of 3 days. They had also been ordered to sign an agreement that they would search for and find the couple.

According to information received members of Binaya’s family have conducted a search to find the couple, but have failed to locate them. The Pakadi Area Police have again conducted a discussion between the two families on 21 August 2014. This discussion did not resolve the issue. It is learnt that Sita’s family members have threatened to kill Binaya if they were to find him – following which Binaya’s uncle Ramewas Harijan has been arrested, and detained in police custody in prison without any charge by a police team under the command of Police Inspector Jaya Shree Kunwar. According to information police have not issued any arrest warrant before his arrest, they have denied him food and tortured him at the police station. He had been kept at the police prison without recording his arrest for 4 hours from 5 -9 p.m.

According to information received Ramenewas was freed only after the intervention of Dalit organizations and human rights activists. The Dalit organizations handed over a joint appeal to the Chief District Officer and the Senior Superintendent of Police to investigate the unlawful arrest and create a safe environment for the family to live in peace in the village.

On 22^nd August 2014, Urmila Harijan, mother of the boy, had registered an appeal at the District Administration Office (DAO) and the District Police Headquarters requesting security as they have received threats to their lives from members of Sita’s family. However, these calls for help have been deliberately ignored by the DAO’s office and the police.

Since the Police or the DAO failed to provide them with the required security, Binaya’s family had approached a local human rights organization to assist them. On 23^rd August 2014, members of Sita’s family had attacked their home and have locked up their house from outside. It is reported that Sita’s brother Nanda Lal Chaudhari and his friends Rakesh Yadav, Ramchandra Yadav, Kishun Chaudhari and Nepali Kahar had later assaulted members of Binaya’s family.

Binaya’s family had called the police to seek help, but the police had arrived only after 1 hour of the attack. The non-Dalit villagers had then attacked the police and pelted stones on them. It is learnt that the police had to call for back-up from the district headquarters to control the non-Dalit mob who had gathered there. Later the police had brought the situation under control.

The boy’s family has been forcefully displaced from their home, they have been living in fear, and they have left their village and have been living at their relatives place to shelter themselves from further attack. The police have not yet been able to find the missing couple.

The AHRC is concerned for the safety and security of the couple and Binaya’s family. They suspect the couple might have been even killed by Sita’s family. Therefore, the AHRC urges the government of Nepal to immediately intervene and investigate into this incident and find the missing couple in order to provide for their security. Further, the Dalit families who have been displaced should be ensured safe passage to return to their village, and live free from discrimination based on their caste.

SUGGESTED ACTION:

Please send letters to authorities listed below, expressing concern about the missing couple and displacement of the Dalit boy’s family. The government should ensure safety for the victims and his family. The whereabouts of the couple should be investigated and found with immediate effect.

To support this case, please click here: SEND APPEAL LETTER