NEPAL: A ban imposed on the Dalit community in Bhagawatpur village by the upper caste villagers 

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the ban on the Chamar Dalit community in Bhagawatpur-9 village by the upper caste villagers imposed since 6 September 2004. This situation arose following the decision of Chamar Dalits in the village calling for their social status and rights not to remove carcasses from the area on September 5. However, upper caste villagers reacted to this decision by banning thirty-five families of Chamar Dalits from using public facilities from September 6 onwards. It was reported that about 200 Dalits in the village are not allowed to purchase supplies from grocery and medical stores, to use the village pond they had been using for ages, or even to feed their domestic animals in the public field.

To add insult to injury, employers have sacked Dalits from their jobs and about 20 Dalits lost their jobs as a result. This discriminative action taken by the upper caste people seriously put the lives of Dalits in danger as their daily labour is their only means of support for their families. Despite the Dalits’ complaint to the Chief District Officer in Rajbiraj, the police have not taken serious action to protect their rights. Your urgent action is required to pressure the government of Nepal to intervene into this matter and protect rights of Dalits immediately.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

The victims: 204 Chamar Dalits from 35 families in Bhagawatpur village
Address of the victims: Bhagwatpur-9, Rajbiraj, Saptari District
Alleged perpetrators: 1) Baidhyanath Mandal, a former chairman of the Bhagwatpur Village Development Committee, 2) Rajendra Mandal, 3) Pratham Lal Mandal, 4) Harihar Mandal, a former chairman of the Bhagwatpur Village Development Committee before Baidhyanath Mandal, 5) Narayan Mandal, 6) Mantul Mandal, 7) Sitaram Mandal, 8) Lal Prasad Mandal, 9) Ram Krishna Mandal (from 1 to 9 are main perpetrators who are landlords or influential figures in the village), 10) Many other upper caste villagers
Period of blockade: Since 7:00pm of 6 September 2004

Account of the incident:

Thirty-five families of Chamar Dalits in Bhagwatpur-9 village have been suffering at the hands of the so-called “upper caste” people who have outlawed them from using public facilities since 6 September 2004.

All the community of Chamar (a kind of Dalit) in Nepal has been making a nationwide campain to promote human rights and social status of Dalits in the society. As a part of campaign, they have encouraged the Chamar community not to remove carcasses which was regarded as their traditional work in the society for a long time. To assert social status and rights, on 5 September 2004 the Charmar Dalits of Bhagwatpur-9 also decided to stop cleaning carcasses from the area onwards.

This decision made upper caste people in the village angry. On September 6, Baidhyanath Mandal, a former chairman of the Bagwatpur Village Development Committee, called a meeting at Shri Janata Secondary School in Bhagawatpur and many upper caste villagers attended the meeting. Among them, the landlords or influential figures of the village, Baidhyanath Mandal, Rajendra Mandal, Pratham Lal Mandal, Hari Mandal, Narayan Mandal, Mantun Mandal and Sitaram Mandal, were also presented. At the meeting, the upper caste villagers decided to impose a ban on all these Chamar Dalits to enter and use any public places.

According to their decision, Chamar Dalits in the village are not allowed to buy any goods. They are not allowed to purchase supplies from grocery and medical stores; they are not allowed to use the village pond they had been using for ages; they are not even allowed to feed their domestic animals in the public field. If any of Dalits violates this blockade, they are punished by the upper caste villagers. Devnath Ram, an aggrieved Dalit stated, “They have threatened to fine us Rs 1,151 (about US$ 16.5) if we were found using any of the public facilities in the village.” The meeting also decided that if any person sell goods or speak to the Dalits, they would also be fined Rs 1,151. Baidhyanath Mandal appointed Rajendra Mandal, Pratham Lal Mandal and Hari Mandal as responsible persons to watch the practice of this decision and to inform if anyone violates this new regulation in the village. 204 Chamar Dalts belonging to 35 families are suffering from this unlawful and discriminative ban on them since 7:00pm of September 6.

To add insult to injury, employers have sacked Dalits from their jobs. 20 Dalits lost their jobs due to this imposed ban and it is threatening their lives as their daily labour is their only means of support for their families. The AHRC has received 13 names out of these 20 people. They are Ram Kishun Ram, Shiba Ram, Kailu Ram, Sebak Ram, Muneshwar Ram, Shiba Narayan Ram, Rameshwar Ram, Phagu Ram, Ramji Ram, Sinheshwor Ram, Ramcharan Ram, Kalar Ram and Sita Ram. In addition, a Dalit boy named Bjaya Kumr Ram, the student of grade 4 in Shri Janata Lower Secondary School, reported that his teacher Mr. Manoj Mandal forced him to leave the school immediately saying that he was a Dalit so he is not allowed to come to study at the school.

Charmar Dalits issued a press release against this imposed ban in the village. On September 12, the Dalits also filed a complaint (case no. 67/61-5-28) against this ban and asked the Chief District Officer (C.D.O.) Mr. Ananda Raj Pokharel in Rajbiraj, to take action. However, the C.D.O. did now show any interest in this matter. On September 13, about 1,000 people including the victims, other Dalit groups and human rights activisits held a protest in front of the C.D.O’s office calling for an immediate intervention into this matter and ensuring the security of the victims. But C.D.O. called the police and scolded the protest participants and dispersed them.

The last information the AHRC has received is that the police arrested five alleged perpetrators, Harihar Mandal, Mantul Mandal, Lal Prasad Mandal, Ram Krishna Mandal, and Rajendra Mandal, on September 14 after being pressured by the people. However, the Chamar Dalits in the Bhagwatpur-9 village worry that as these Mandal (upper caste) people are rich and landlords of the village, the police might take these powerful people’s side and would not deliver the justice to them as usual and they would have to face grave problems to deal with their lives in the village.

AHRC is gravely concerned by this outlaw discriminative ban on the Chamar Dalits in the Bhagwatpur village. Article 11(4) of the Constitution of Nepal clearly states, “No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law.” In addition, Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination, which Nepal is a state party, states, “In compliance with the fundamental obligations laid down in article 2 of this Convention, State Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law.”

However, despite these provisions, the practice of untouchability remains rampant, and the perpetrators in most cases are not prosecuted. It illustrates that the government of Nepal has failed to implement measures that might significantly contribute to ending the discrimination against Dalits, and seeing Article 11 of the Constitution enforced.

AHRC strongly urges the government of Nepal to immediately intervene into this mater and protect rights of the Dalits. All the responsible perpetrators must be brought to justice without delay. AHRC also urges the government of Nepal to take appropriate action to ensure the security of the victims. The Government of Nepal should implement all the possible measures to enforce Article 11 of its Constitution to put an end to the inhuman caste discrimination in Nepal.

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