NEPAL: One Dalit family was forcibly evicted by higher caste people in Siraha District due to an inter-caste marriage

Dear friends,

The Asian Human Rights Commission has received information from the Jagaran Media Center (JMC), a local media group fighting against caste discrimination, regarding a recent case of caste discrimination against a Dalit family in Siraha district, Nepal. According to the JMC, a Dalit family has been subject to arbitrary, illegal punishment, and has been evicted from their home. Moreover, other members of the Dalit community in the village have been beaten in order to stop them from reporting these actions. The local police and administration has not made any serious intervention into this case so far despite the family’s complaints.

CASE DETAILS (based on the fact-finding report by the JMC):

After six years of being in love, Satyanarayan Mandal (aged 27) of Sisbani VDC-7, Barchhawa, Siraha District, eloped with Hemlata Chaudhary (aged 20) on 29 April 2008. Satyanarayan, a worker in a local plywood factory, is a member of the Dalit community in Sisbani. Hemlata is a member of an indigenous group considered a higher caste. Her family had previously arranged a marriage scheduled for 8 May 2008 without her consent, thus forcing the couple to this course of action. Enraged by the inter-caste marriage, the Chaudhary family called a meeting of the village’s extrajudicial jury where it was decided that a fine of Rs 81,000 (about USD 1,255) be levied against Bhausai Mandal, Satyanarayan’s father, for marrying a non-Dalit girl to his son. Despite not having the means to pay this fine, Bhausai pledged his one Kattha (approximately 338.57 square meters) of land to his neighbor and acquired Rs 26,000 (USD 403) to pay his fine. Bhausai pleaded with the Chaudharies to exempt him from paying the remainder.

Unfortunately, his plea fell on deaf ears. Rather than accept his request, the Chaudharies, under the leadership of Indranarayan Chaudhary, Laxman Chaudhary, Natthar Chaudhary, and Lal Bahadur Chaudhary, reportedly called another meeting of the village’s local jury on 31 May 2008, which subsequently imposed an even harsher punishment: the expulsion of the entire Bhausai’s family from the village on 2 June 2008. Moreover, Bhausai’s family was forced to sign an agreement banning them from the village. The next day, not satisfied with evicting the family from their home, the Chaudharies ordered youths from their tribe to destroy Bhausai’s house, loot their possessions – including a cow, calf, and a sum of money – and throw Bhausai’s family members’ clothes down a neighboring well. Finally, they also allegedly beat Bhausai’s neighbors, Rambilash Mandal and Sirubati Mandal, who are also members of the Dalit community.

When the human rights monitoring team from Jagaran Media Center (JMC) went to conduct a fact-finding mission about the case on 21 June 2008, it found Bhausai’s family taking refuge in their relatives’ homes and the local authorities negligent in addressing their situation. Furthermore, Bhausai’s neighbors, fearing reprisal and claiming that the Chaudharies would subject them to the same fate as Bhausai’s family, denied that they had disclosed the matter to the Center. Despite having received an official complaint from Bhausai at the Area Police Office of Lahan, the local authorities have not paid much attention to the case and have taken no steps to question the alleged perpetrators or bring them into custody. Finally, though the victim’s family informed the Office of Village Development Committee about the incident, the complaint was not taken into account and it was summarily ignored.

On July 14, six activists from the JMC met the Chief District Officer in Siraha district and informed him about the incident. The JMC particularly demanded the immediate resettlement of the displaced Bhausai’s family. The Officer promised that he would resolve the matter as soon as possible and for this purpose, he would call for a meeting with the members from the civic groups and political parties, journalists, etc. No positive outcome has yet to come from this meeting.

ADDITIONAL COMMENTS:

The caste system has a long history in Nepal. It was legalized and practiced by King Jayasthiti Malla of Kathmandu in 1380 A.D. It was officially abolished in Nepal in 1963. Then, on 30 January 1971, the Nepalese Government ratified the UN Convention on the Elimination of All Forms of Racial Discrimination. Article 5 of the Convention, which Nepal is a state party, states, “In compliance with the fundamental obligations laid down in article 2 of this Convention, States 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.”

This was later endorsed in Nepal’s domestic legislation, under the 1993 declaration by the House of Representatives (HoR) which proscribed any and all caste-based discrimination as a criminal offense – a move which was much applauded by the international community. Currently, an interim constitution of Nepal, drafted and ratified by the Constituent Assembly in 2007, governs the country. On the subject of untouchability and castes, it states: “No person shall, on the ground of caste, descent, community or occupation, be subject to racial discrimination and untouchability of any form. Such a discriminating act shall be liable to punishment and the victim shall be entitled to the compensation as provided by the law.”

The Chaudharies’ actions are clearly breaches of the interim Constitution as well as the UN Convention on the Elimination of All Forms of Racial Discrimination. The AHRC therefore urges the local authorities to carry out proper, legal action to punish the perpetrators of this crime and ensure the safety of the victims.

Unfortunately, despite the interim Constitution, cases of caste-discrimination and violence are a common occurrence in Nepal. Moreover, total Dalit population according to state statistics is 13.7% out of 24 millions of total population of Nepal. But civil groups estimate it as 20%. As a significant demographic in the country, Dalits are increasingly calling for greater political participation and inclusion in society. Tension exists in the country, however, between the Dalits and the higher castes, who often want to maintain the discriminative social order. Inter-caste tension is, therefore, a major contributor to conflict in Nepal. During this time of transition, the AHRC urges the Nepalese government to seize this opportunity to make systemic changes in its political, social, and judicial systems in order to maintain peace and equality.

SUGGESTED ACTION:
Please urgently write to the concerned authorities listed below and express your deep concern about this serious case.

The AHRC has also writing a separate letter to the UN Special Rapporteur on contemporary forms of racism, discrimination, xenophobia and related intolerance as well as to the UN Special Rapporteur on Adequate Housing, calling for their intervention in this case.

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