Prosecution Of Hate Crimes Against Dalits In Nepal
🧠Introduction: Hate Crimes Against Dalits in Nepal
🔹 Historical Background
The Dalits, historically known as the "untouchables," belong to the lowest strata of the Hindu caste hierarchy. Despite Nepal’s abolition of untouchability in 1963, and its transformation into a federal democratic republic in 2008, caste-based discrimination and violence against Dalits remain deeply entrenched in society, particularly in rural areas.
🔹 Constitutional and Legal Protections
1. Constitution of Nepal (2015)
Article 18 – Guarantees equality and non-discrimination on grounds of caste, religion, or origin.
Article 24 – Explicitly prohibits untouchability and any form of discrimination on the basis of caste; classifies it as a punishable offence.
Article 38(3) – Provides special protections for women of marginalized groups, including Dalit women.
2. Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2011 (2068 B.S.)
This is the key legal instrument criminalizing caste-based discrimination.
Section 3: Declares any act of untouchability, exclusion, or restriction on public access on caste grounds illegal.
Section 4: Prescribes imprisonment (up to 3 years) and fines.
Section 7: Increases penalties if offences are committed by public officials or repeated offenders.
Section 8: Provides for compensation to victims.
3. Criminal Code (2017)
Sections 166–170 make discrimination, hate speech, and humiliation based on caste or ethnicity punishable with imprisonment and fines.
⚖️ Detailed Case Law Analysis
Below are six important cases that demonstrate how the Nepali legal system has addressed hate crimes against Dalits, showing progress as well as persistent systemic gaps.
1. The Rukum (Soti) Massacre Case (2020)
Facts:
On May 23, 2020, Nabaraj BK, a 21-year-old Dalit youth from Jajarkot, and five of his friends were brutally beaten and drowned in the Bheri River by upper-caste villagers in Soti, Rukum West, after Nabaraj tried to elope with an upper-caste Thakuri girl.
Legal Provisions Invoked:
Sections of Caste-Based Discrimination and Untouchability Act, 2011
Criminal Code (murder, conspiracy, and public offense)
Prosecution & Judgment:
The District Court of Rukum (West) in 2023 convicted 23 accused persons for murder and caste-based crimes.
11 others were acquitted due to lack of direct evidence.
The court recognized caste discrimination as a central motive, setting a precedent for identifying caste bias as an aggravating factor in homicide.
Significance:
This case became the first large-scale conviction for caste-motivated killings in Nepal’s modern history and drew national attention to the persistence of systemic caste-based hatred.
2. Rupa Sunar v. Hotel Owner Case (Kathmandu, 2021)
Facts:
In 2021, Rupa Sunar, a Dalit journalist, was denied a rented apartment by a Brahmin landlady who stated she could not rent to a Dalit.
Legal Action:
Sunar filed a complaint under the Caste-Based Discrimination and Untouchability Act, 2011.
Court Proceedings:
The landlady was arrested but later released by the District Administration Office (DAO), Kathmandu, citing lack of "sufficient evidence" of discriminatory intent.
The Attorney General’s Office criticized the procedural delay and weak prosecutorial handling.
Significance:
Though the case ended without conviction, it exposed institutional bias and the failure of prosecutors to effectively pursue urban caste-based discrimination, sparking widespread debate and calls for reform in enforcement mechanisms.
3. Bhagawanpur Temple Entry Case (Siraha District, 2017)
Facts:
A group of Dalits attempted to enter a local Hindu temple in Siraha district. They were physically assaulted and expelled by upper-caste villagers, claiming Dalits were "not allowed" in the temple.
Legal Action:
Complaint filed under Section 3(1) of the 2011 Act (denial of access to public religious sites).
The District Court of Siraha found five accused guilty.
Judgment:
The court sentenced them to 2 years’ imprisonment and fines of NPR 25,000 each.
The verdict was upheld by the Janakpur High Court in appeal.
Significance:
This was one of the first successful prosecutions under the 2011 Act and established that temples and religious places are "public spaces" where caste-based exclusion is illegal.
4. Dhanusha Dalit Woman Assault Case (2015)
Facts:
A Dalit woman was beaten publicly for touching a communal water tap in Dhanusha. The perpetrators claimed it was against caste custom.
Charges:
Filed under Sections 3 and 4 of the 2011 Act.
Outcome:
The District Court of Dhanusha found the accused guilty and ordered:
1-year imprisonment,
Fine of NPR 10,000,
Compensation of NPR 20,000 to the victim.
Significance:
This case reinforced that customary practices cannot justify discrimination and that public utilities must be accessible to all castes equally.
5. Saptari Caste-Based Killing Case (2019)
Facts:
In Saptari, two Dalit men were killed following a dispute over attending a village festival. Witnesses testified that upper-caste men insulted and attacked them, shouting caste-based slurs before the assault.
Legal Proceedings:
The case was filed under both murder provisions of the Criminal Code and caste discrimination provisions of the 2011 Act.
Judgment:
The District Court of Saptari convicted three of the main accused for murder motivated by caste hatred.
The court awarded life imprisonment and explicitly cited the hate motive in the sentencing.
Significance:
The judgment was groundbreaking for explicitly recognizing caste hatred as an aggravating factor in a criminal offence — a key principle in hate crime jurisprudence.
6. Kapilvastu Dalit Girl Case (2022)
Facts:
A 13-year-old Dalit girl was beaten and humiliated for entering the kitchen of a higher-caste neighbor. The event was filmed and circulated on social media.
Prosecution:
Local police initially delayed action, but after civil society pressure, charges were filed under the 2011 Act and Juvenile Justice Act (since the victim was a minor).
Judgment:
The District Court of Kapilvastu convicted two accused and sentenced them to 18 months’ imprisonment and fines. The court ordered psychosocial counseling for the victim and directed local authorities to provide compensation.
Significance:
It showed the growing judicial sensitivity to the dignity and mental well-being of Dalit victims, particularly minors.
🧩 Challenges in Prosecution
Underreporting due to fear of retaliation or social pressure.
Police bias and reluctance to register First Information Reports (FIRs).
Political interference in local caste-related cases.
Lack of victim protection and witness support mechanisms.
Weak institutional capacity — limited awareness of the 2011 Act among law enforcement and prosecutors.
🛡️ Recent Reforms and Institutional Responses
National Dalit Commission (NDC) has been given quasi-judicial powers to investigate and recommend prosecution.
Training of police and prosecutors by the Attorney General’s Office to ensure sensitivity in handling caste-related crimes.
Supreme Court of Nepal (2022) issued a directive judgment urging the government to establish special mechanisms for fast-track prosecution of caste-based crimes.
đź“š Conclusion
Despite constitutional guarantees and progressive legislation, hate crimes against Dalits remain a major challenge in Nepal. The cases discussed—from the Rukum massacre to temple-entry and social boycott cases—demonstrate both the persistence of caste prejudice and gradual judicial evolution toward recognizing caste-motivated violence as a distinct category of hate crime.
Nepal’s experience shows that strong prosecution, social awareness, and institutional accountability are all crucial to transforming legal protection into real equality.
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