Criminal Law Responses To Caste-Based Violence In Nepal
Legal Framework in Nepal
Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 BS (2011) criminalizes caste-based discrimination and untouchability practices.
Muluki Criminal Code, 2074 BS (2017) criminalizes offenses like murder, assault, and harassment motivated by caste discrimination.
Constitution of Nepal (2015), Article 24 prohibits untouchability and caste-based discrimination; Article 18 guarantees equality before the law.
The legal framework allows courts to punish both the act (murder, assault) and the caste-based motive behind it.
Case Law Examples
Case 1: West Rukum Massacre (2020)
Facts: In Soti Village, six Dalit youths were murdered after being attacked by a dominant caste group. The attack was allegedly triggered by a Dalit youth wishing to marry a girl from a higher caste.
Charges: Murder, attempted murder, and caste-based discrimination under the CBDU Act.
Outcome: 24 people convicted for murder; two additionally sentenced for caste-based discrimination. Life imprisonment awarded for murder.
Significance: Landmark case for recognizing caste-based motive in mass killings; shows courts holding perpetrators accountable for both crime and discriminatory motive.
Case 2: Angira Pasi Case (2020, Rupandehi District)
Facts: A 12-year-old Dalit girl was raped by a non-Dalit man. The local community pressured informal settlement instead of formal justice. The girl was later found dead.
Charges: Murder, caste-based discrimination, gender-based violence.
Outcome: Court convicted the accused and sentenced him to 18 years in prison.
Significance: Highlights intersection of caste and gender-based violence and emphasizes that caste can aggravate criminal liability.
Case 3: Ramechhap District Hostage Case (2022)
Facts: A Dalit minor was held hostage by a dominant caste individual and subjected to caste-based discrimination.
Charges: Abduction, illegal detention, and caste-based discrimination.
Outcome: District court sentenced the accused to 3.5 years for abduction and 1 year for caste-based discrimination, with a fine of Rs 75,000.
Significance: Shows local courts taking firm action against caste-based discrimination even in lower-profile cases.
Case 4: Siraha Assault Case (2014)
Facts: A Dalit woman was assaulted for touching a public water well, a violation of untouchability norms.
Charges: Physical assault and caste-based discrimination under the CBDU Act.
Outcome: Acquittal due to lack of evidence.
Significance: Demonstrates difficulties in proving caste-based motives; many such cases fail to result in convictions, highlighting evidentiary challenges.
Case 5: Kavre School Incident (2018)
Facts: Dalit students were denied access to school facilities by non-Dalit teachers and peers.
Charges: Discrimination and harassment based on caste.
Outcome: Court fined the school management and ordered sensitization programs; no imprisonment.
Significance: Shows the law being applied in institutional discrimination cases, setting a precedent for non-violent caste-based offenses.
Case 6: Bhojpur Social Boycott Case (2016)
Facts: Dalit family in Bhojpur District was socially boycotted by the local community for using common water sources and attending local events.
Charges: Caste-based discrimination under CBDU Act.
Outcome: Court imposed fines and community service on perpetrators; acknowledged psychological harm caused by social ostracism.
Significance: Demonstrates criminal liability for non-violent social exclusion practices and emphasizes legal protection against social discrimination.
Case 7: Sunsari Physical Assault Case (2019)
Facts: Dalit laborers were beaten by higher caste landlords for participating in a local festival.
Charges: Assault, caste-based discrimination.
Outcome: Court sentenced two individuals to 2 years imprisonment and a fine of Rs 50,000 each.
Significance: Reinforces that courts recognize caste as an aggravating factor in assault cases, encouraging accountability.
Observations
Caste-based motive is recognized: Courts increasingly recognize caste as a factor aggravating offenses like murder, assault, and harassment.
Varied sentencing: Major violent crimes get life imprisonment; non-violent discrimination often results in fines or short imprisonment.
Implementation challenges: Many cases still fail due to weak evidence, police inaction, or social pressures.
Intersectionality: Cases often intersect with gender, age, and social vulnerability, increasing severity and public attention.
Legal awareness improving: Courts now penalize both individual acts and systemic caste-based practices (e.g., social boycotts, institutional discrimination).
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