Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Feminist Dalit Organization (FEDO) a human rights group working for the rights of Dalit women and the Dalit National Federation (DNF), regarding the caste-based murder of Mr. Sete Damai and the violence and threats his family has been receiving since Sete’s son, Santa, married a girl from a so-called upper-caste family, Raj Kumari, on August 13, 2011. On August 30, 2011, a group of masked men visited Sete’s family to attack them, stabbed Sete’s chest with a curved knife and beat his other family members randomly. On the following day, Sete succumbed to his injuries. Since then, the family members are under constant threat to their lives. On 14 February 2012 Sete’s eldest son and Santa’s brother, Nara Bahadur Damai were ambushed and beaten up by five masked men who threatened to kill him with a knife saying that he would face the same fate as his father if he reported the incident to the police.
On September 1, 2011 Santa Bahadur registered the case at District Police Office, Dailekh under Article 13 (3) of Civil Code (Muluki Ain, 2020) of Nepal, 1963. The police arrested and put nine of the suspects in the custody of the District Police Office, Dailekh for further investigation. Four have been released and five of them have been sent to jail pending trial. On 14 February 2012 a gang of masked men attacked Sete’s eldest son Nara Bahadur Damai, beat him up and threatened to kill him if he reported the incident to the police. The victim’s family members are still facing threats to their life. Therefore, it is of the utmost importance to guarantee the physical safety of the late Sete’s family, the protection of witnesses and guarantee a fair trial and justice to the victims of caste based discrimination.
CASE NARRATIVE:
Mr. Santa Bahadur Damai, 22, the youngest son of Sete Damai residing in Toli Village Development Committee (VDC), Ward No-2, Dhanighau, Dailekh district, had been in love with 22 year old Raj Kumari Shahi belonging to a so-called upper caste family for the past two years. They are from the same village. When Raj Kumari’s family came to know about their love affair, both were under pressure not to continue their relationship. On 18 May 2011 they ran away from their homes and hid in Tusarghari forest for one night but were caught by Raj Kumari’s family and relatives the next day. The same evening a meeting of senior villagers, which is a traditional practice of mediation in the village but which has no legal authority, called Santa’s family and blamed them for luring Raj Kumari to marry Santa. In the meeting, it was decided to fine Santa’s family with Nepali rupees 1000 (USD 12.82) and a goat. Further, Santa and Raj Kumari were forcibly separated and warned not to see each other in the future.
After that incident, Raj Kumari mentally suffered from her parents and relatives who accused her of “defaming their family honour ” by falling in love and eloping with a Dalit boy. Under pressure, Santa and Raj Kumari ran away and got married on 13 August 2011.
On 15 August 2011, Sete Damai, Santa’s father-, his middle son Sushil and his brother Kale were called to Raj Kumari’s house and beaten up by her family and relatives asking them to tell where Santa had taken the girl. Raj Kumari’s family and relatives continuously threatened Santa’s family. On the same day, Santa’s aunt Pabitra filed an FIR at Area Police Office, Dailekh requesting investigation into the beatings, legal action against the perpetrators and protection of the victims. When the police came to investigate the case, the perpetrators threatened the complainants that they would kill all the family members of Sete Damai. The threats were uttered in the presence of police but the police remained silent and returned without investigating the case. As a result the perpetrators were encouraged to continue their attacks against the Damai family.
On 30 August 2011, the couple returned to Santa’s home. Knowing of their arrival in the village, a group of masked men came to Santa’s home at around 9.30 pm on the same day. The group reportedly included nine persons including Raj Kumari’s aunt Bindakala Shahi, who hatched the plan and other relatives Jivan Shahi, Krishana Khatri, Dilli Khatri, Suvash KC. They attacked Santa’s family. They reportedly stabbed Santa’s father Sete with a curved knife in his chest and beat other family members. At 11 pm the same night they informed police about the incident. It takes hardly one hour on foot to reach the place of the incident from the police station but the police arrived at 8 am the following morning. Fearing further attacks from the perpetrators and in the absence of police protection, the victim could not be taken to hospital in the night. At around 9 am the following morning Sete was rushed to the hospital for treatment but the following evening he succumbed to his injuries while undergoing medical treatment at Surkhet District Hospital. After the postmortem of his body, Sete’s body was cremated according to Hindu rituals on 3 September 2011.
On 1 September 2011 Santa Bahadur registered the case of murder at District Police Office, Dailekh under Section 13 (3) of the murder chapter of the Civil Code of Nepal, 1963 (Muluki Ain, 2020) against nine suspects including Bindakala Shahi, Jivan Shahi, Krishana Khatri, Dilli Khatri and Suvash KC. The police has arrested and put nine of the suspects in custody of District Police Office, Dailekh for further investigation. Five of them have been transferred to jail for trial.
Meanwhile, it has been reported that Nara Bahadur Damai, eldest brother of Sete Damai was ambushed and beaten up by five masked men when he was returning from Toli Bazaar to his home in the evening of 14 February 2012. Nara Bahadur testified that the assailants punched and kicked him. They further threatened to kill him with a knife saying that he would face the same fate as his father if he reported the incident to the police. The next day he filed an FIR in the police station, but as the attackers were masked, the police has not yet been able to identify them and the investigation is under way.
After six month of registration of their inter-caste marriage the government has not provided them rewards of Nepali rupees 1, 00, 000.00 (US$ 1282) which according to a government policy to promote inter-caste marriage should be delivered to them within 30 days of marriage registration.
Fearing security threat in the village and hopelessness to get justice in their village, the couple has moved to Kathmandu. Still Santa’s family is under threat by the perpetrators.
ADDITIONAL INFORMATION:
The Asian Human Rights Commission (AHRC) has been informed of innumerable cases of caste based discrimination in Nepal. Though Nepal has enacted Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 (2011) and has established a National Dalit Commission (NDC), caste based discrimination and human rights violations committed on the basis of caste remain pervasive in Nepal. In this case the only reason of murder of Sete and beatings and offenses on his family was that they belonged to the Dalit community and Santa married to a girl from so-called upper caste community. Caste-based discrimination was the sole motive of the crime.
In December 2011, Manbir Sunar, 31, a Dalit man from Kalikot district was beaten to death for touching the oven of a so-called upper caste person. Likewise, a few months ago the relatives of a dalit groom married to a non-Dalit bride were physically assaulted and their house was burnt down in Darchula district. But victims of caste-based discrimination face several hurdles in accessing justice. The OHCRH in its report “Opening the Door to Equality: Access to Justice for Dalits in Nepal” underlined that low levels of awareness that caste-based discrimination is a crime; failure of the police and courts to prosecute and punish perpetrators and offer appropriate remedies to victims; and the poverty of those affected by caste-based discrimination and their dependence on non-Dalit communities for their livelihoods are the major obstacles and challenges to Dalit community to claim its rights.
Likewise, the police failure to act on time in the complaints made by Pabitra, their dismissal of the threats made in front of them to kill all the family members, their inability to act on time in the report of mortal attack and their lackluster investigation even after six months of the incident put the victims frustration to get justice and protection from the perpetrators. Likewise, despite on time information and complaint by victim’s family members about the deadly attack on Sete’s family and the immediate treatment he needed, the police arrived after nine hours from hardly one hour on foot distance.
In light of the pattern of improper investigations and lack of prosecutions of previous cases of violence based on caste in Nepal, the AHRC fears that this case will not be properly investigated and that the perpetrators may not be brought to justice.
In addition, in cases involving caste-based discrimination and violence, the power relationship is distorted in favour of the perpetrators and the complainants routinely face harassment, threats and attacks to force them to drop their complaints. It is the state responsibility to balance this power relationship by protecting the victims when they face threats to ensure that the justice process can follow its due course. If the police lack reactivity to the threats uttered against the victims, they may result in further attacks and prevent the victims from getting justice. Cases of caste-based violence in which the victims are threatened or attacked into withdrawing their complaints are routine in Nepal and it is the state duty to ensure this does not happen in this case.
At the same time, the inter-caste marriage couples are found facing adjustment problem in the society and a lack of concrete action plan to support the couple of inter-caste marriage by the government side has left the dalit people vulnerable to caste based discrimination and injustice.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the caste based murder of Sete Damai, beating of Nara Bahadur Damai and threat on Sete’s family by the perpetrators and the prosecution of those proven to be responsible under the Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 and Crime against State and Punishment Act, 2046 (1989). Further, please request the authorities concerned to provide safety and security to the victims and eyewitnesses.
Please note that the AHRC has also written a separate letter to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on this regard requesting his intervention.
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SAMPLE LETTER
Dear ________,
NEPAL: A Dalit stabbed to death and his family is under constant threat to life for inter-caste marriage
Name of victim:
1. Late Sete Damai
2. Nara Bahadur Damai
3. Santa Bahadur Damai and
4. Raj Kumari
All are permanent residents of Teli Village Development Committee, Ward No-2, Dhanighau, Dailekh district
Names of alleged perpetrators:
1. Bindakala Shahi
2. Jivan Shahi
3. Krishana Khatri
4. Dilli Khatri
5. Suvash KC
6. Nine other unidentified persons
Date of incident: 30 August 2011
Place of incident: Sete Damai's home in Teli Village Development Committee, Ward No-2, Dhanighau, Dailekh district
I am writing to voice my deep concern regarding the caste based murder of Sete Damai and the threat on his family members by so-called upper caste people in Toli Village Development Committee (VDC), Ward No-2, Dhanighau of Dailekh district. According to the information provided by the Asian Human Rights Commission (AHRC), Sete Damai was stabbed to death by a gang of masked men believed to be from the family members and relatives of Raj Kumari Shahi who got inter-caste marriage with Sete Damai's youngest son Santa Bahadur Damai, 22, on August 13, 2011 on mutual consent.
According to the same information Sete and his family members were attacked at around 9.30 pm on August 30, 2011. The attackers accused the family of luring Raj Kumari to marry Santa Bahadur. Wounded on his chest with a curved knife Sete took his last breath on the hospital bed of Surkhet District Hospital at around 9 pm the following evening. Immediately after his admission in the hospital he was declared dead by the doctor.
Earlier on August 15, 2011, the same group had randomly beaten Santa and his family members asking them to tell where Santa had taken the girl after they eloped from their homes. Requesting for investigation into the case, legal action against the perpetrators and protection of victims, Sete's sister Pabitra had filed an FIR at Area Police Office on the same day but the police who were investigating the case didn't take action against the perpetrators but listen quietly even when the perpetrators threatened the victims to kill all the family members in front of them. Encouraged by police inaction the perpetrators continuously threatened Sete's family that resulted into Sete's death.
First time on 18 May 2011 Santa and Raj Kumari had ran away from their homes and hid in Tusarghari forest for one night but were caught by Raj Kumari's family and relatives on the next day. The same evening a meeting of senior villagers, which is a traditional practice mediation of the village but not legal committee, called Santa's family for the meeting and blamed the family luring Raj Kumari to marry Santa. In the meeting, it was decided to fine Santa's family with Nepali rupees 1000 (USD 12.82) and a goat. Further, Santa and Raj Kumari were forcibly separated and not to see each other in the future.
Second time, after continues mental pressure by the family members and relatives of Raj Kumari, the couple ran away from their homes on August 13, 2011 and got married. On August 30, 2011 they returned to Santa's home but knowing their return to the village, a group of masked men including Bindakala Shahi who hatched the plan to attack Sete's family, Jivan Shahi, Krishana Khatri, Dilli Khatri, Suvash KC including other 9 persons came to Santa's home at around 9.30 pm on the same day and attacked on the family that lead to death of Sete Damai.
After his father's murder, Santa, on September 1, 2011,registered the case at District Police Office, Dailekh under Article 13 (3) of Civil Code (Muluki Ain, 2020) of Nepal, 1963 which is concerned about right to life, against Bindakala Shahi, Jivan Shahi, Krishana Khatri, Dilli Khatri, Suvash KC including other 9 suspects. The police has arrested and put nine of the suspects in custody of District Police Office, Dailekh for further investigation. Five of them were sent to jail for trial.
Still the threat on late Sete Damai's family continues. As a continuation of perpetration Sete's eldest son Nara Bahadur Damai was ambushed and beaten up by five masked men on 14 February 2012. Nara Bahadur testified that the assailants punched and kicked him. They further threatened him to kill with a knife saying that he would repeat the fate of his father if he reported the incident to the police. The next day he filed the case at the police station, but the perpetrators have not been identified.
The dalits are facing problems in access to justice and protection. The police failure to act on time in the complaints made by Pabitra, not taking seriously to the threat made in front of police to kill all the family members of victim, inability to act on time in the report of mortal attack and need of immediate medical support to the victim, the lackluster police arrived to the incident place only after nine hours from hardly one hour on foot distance, lackluster investigation even after six months of the incident put the victims into frustration to get justice and fears reprisals from the perpetrators. The police are not taking the complaints made of dalits until and unless there is human loss or serious human rights violations.
Even after six month of registration of their inter-caste marriage the government has not provided them rewards of Nepali rupees 1, 00, 000.00 (US$ 1282) as per government policy to promote inter-caste marriage and support them to live respectful life by providing the amount within 30 days of marriage registration. This is in spite of the Finance Minister writing a letter to the Home Minister stating that the policy is still continuing.
As the authorities concerned have failed to investigate into the case, punish the perpetrators as per law and provide justice and compensation to the victim, the couple has moved to Kathmandu seeking protection, justice and compensation. Still late Sete’s family is under threat by the perpetrators.
In light of the pattern of improper investigations and lack of prosecutions of previous cases of violence based on caste in Nepal, I fear that this case will not be properly investigated and that the perpetrators may not be brought to justice.
In addition, in cases involving caste-based discrimination and violence, the power relationship is distorted in favour of the perpetrators and the complainants routinely face harassment, threats and attacks to force them to drop their complaints. It is the state responsibility to balance this power relationship by protecting the victims when they face threats to ensure that the justice process can follow its due course. The police's lack of reactivity to the threats uttered against the victims may result in further attacks and prevent the victims from getting justice. I know that cases of caste-based violence in which the victims are threatened or attacked into withdrawing their complaints are routine in Nepal and I am therefore of the opinion that it is the state duty to ensure this does not happen in this case.
Therefore, I request the government and authorities concerned to provide protection to the victims during the length of the judicial process and eye-witnesses and launch a thorough and impartial investigation into the case resulting into legal action against the perpetrators and justice and compensation to the victims.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Rabindra Pratap Shah
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
E-mail: phqigs@nepalpolice.gov.np
2. Rt. Hon. Dr. Baburam Bhattarai
Prime Minister of Nepal
Office of the Prime Minister and Council of Nepal
Singh Durbar
P.O. Box: 43312
Kathmandu
Nepal
Fax: +977 1 4211 086
Email: info@opmcm.gov.np,
bhattaraibaburam@gmail.com
3. Hon. Justice Kedar Nath Upadhyay
Chairperson
National Human Rights Commission
Harihar Bhawan, Pulchowk, Lalitpur, Nepal
G.P.O. Box: 9182, Kathmandu, Nepal
Tel.: 00977-(0)1-5010015 (Hunting Line)
Fax: 00977-(0)1-5547973
E-mail: nhrc@nhrcnepal.org
complaints@nhrcnepal.org
4. Mr. Mukti Narayan Pradhan
Office of Attorney General
Ramshah Path
Kathmandu, Bagmati
Nepal
Tel: 977-01-4240210 ,977-01-4262548, 977-01-4262394
Fax: 977-01-4262582, 977-01-4218051
Email: info@attorneygeneral.gov.np
5. Ms. Sushila Sirpali (Thakuri)
Chairperson
National Dalit Commission
Government of Nepal
Mid Baneshwor, Kathmandu, Nepal
P. O. Box: 13785, Kathmandu
Phone: +977-1-4473317, 4474336, 4479828, 4479019, 4479818
Fax: +977-1-4475989
Email: info@ndc.gov.np
6. Mr. Bijaya Kumar Gachchhadar
Home Minister
Ministry of Home Affairs
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 42 11 232
Tel: +977 1 4211211
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
