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The Caste-based Discrimination and Untouchability Act was introduced in Jestha 2068 B.S. to determine provisions relating to Caste-Based Discrimination and Untouchability in Nepal.
The Act has outlined the rights against untouchability and discrimination, codified all the acts and conducts deemed as untouchability in Nepal along with the Punishment for such conduct. Further, it has outlined the procedure for filing complaints related to such cases.
The Preamble of the Caste-Based Discrimination and Untouchability Act has stated that the acts have the objective of ending untouchability and discrimination on the prevalent grounds of Origin, Caste, Race, Business, Occupation, Community, or other Physical Condition.
It has also been deemed to make acts such as Untouchability, Exclusion, Restriction, Contempt, exploitation, or any other conduct of discrimination that is inherently against humanity. It has further stated that the Act shall provide compensation to the victims and create an egalitarian Society for Nepal.
Right against Untouchability and Discrimination
Section 2 of the Act has guaranteed the following rights for Individuals against Untouchability and Discrimination:
- Equal treatment in the court and by judicial bodies.
- Equal protection in services and facilities provided by the government.
- Equal access to public services.
- Freedom to move and live within and outside Nepal.
- Equal participation in cultural activities.
- The right to choose their spouse.
- The right to peaceful assembly and organization.
- The right to choose employment and work.
- Equal pay for equal work.
- Equal access to public places.
- Access to prompt judicial remedies and fair compensation for issues related to untouchability and discrimination.
Prohibition on Untouchability and Discrimination
It has been stated in the CDUA 2068 that no individual can or shall commit or become the cause of committing or initiating any form of discrimination and untouchability. It has also provisioned that no Individual can aid, abet, or attempt to commit untouchability or discrimination.
Actions that are Caste-Based Discrimination and Untouchability
If one engages in or causes others to engage in, any action specified in this list, based on customs, traditions, religion, culture, rituals, origin, caste, race, descent, community, occupation, business, or physical condition, one shall be considered to have committed untouchability and discrimination.
Prohibition Based on Caste, Religion, and Tradition
No one is allowed to, based on customs, traditions, religion, culture, rituals, origin, caste, race, descent, community, occupation, business, or physical condition, perform or cause others to perform any of the following actions in any public or private place that discriminates against a person through untouchability:
(a) Preventing, controlling, or restricting someone from entering, attending, or participating.
(b) Individually or collectively expelling someone from a public place or public event, promoting social exclusion or discrimination, imposing restrictions on such acts, or exhibiting any form of intolerant behavior.
Deprivation of Public Service
No one shall, based on their origin, caste, race, descent, community, occupation, business, or physical condition, deprive a person of using or enjoying public services.
Restriction on Public Participation
No one shall, based on their origin, caste, race, descent, community, occupation, business, or physical condition, deprive a person of organizing public events or participating in publicly organized activities.
Incitement of Discrimination
No one shall incite or provoke anyone to engage in actions that result in untouchability or discrimination, aid anyone in such actions, or knowingly participate in such actions.
Restrict on Profession/Business
No one shall, based on their origin, caste, race, descent, community, occupation, business, or physical condition, prohibit anyone from pursuing a profession or business or compel anyone to engage in a specific occupation or business.
Prevention in Religious Activities
No one shall, based on their origin, caste, race, descent, community, occupation, business, or physical condition, prevent or cause anyone to be prevented from participating in religious activities.
Hinder Production/Sale/Distribution
No one shall, based on their origin, caste, race, descent, community, occupation, business, or physical condition, hinder or cause others to hinder the production, sale, or distribution of goods, services, or facilities.
Discrimination in Goods and Services
While producing, selling, or distributing goods, services, or facilities, no one shall restrict these offerings solely to individuals of a particular caste or race or prevent such individuals from purchasing or obtaining them.
Housing Discrimination
No one shall, based on caste or race, exclude a family member from entering their home, evict them from the house or village, or compel them to leave the house or village.
Inter-Caste Marriage
No one shall, based on their origin, caste, race, descent, community, occupation, or business, prevent a person of marriageable age from engaging in inter-caste marriage, deny participation in the naming ceremony for a child born from such a marriage, or compel anyone to dissolve an already concluded marriage.
Profess Discrimination(Materials)
No one shall, through the dissemination, publication, or display of audiovisual materials, articles, pictures, figures, cartoons, posters, books, literature, or electronic means, denote the hierarchical supremacy of any person or community based on origin, caste, or race or justify social discrimination due to caste, race, or untouchability.
Furthermore, no one shall transmit views that promote untouchability, caste supremacy, hatred, or incite caste-based discrimination in any manner.
Punishment
General Punishment
Individuals committing the offenses mentioned below can be imprisoned from three months to three years and fined from NPR 50, 000 to NPR 2,00,000:
- Section 4 Sub-Section 2 Prohibition Based on Caste, Religion, and Tradition
- Section 4 Sub-Section 3 Deprivation of Public Service
- Section 4 Sub-Section 4 Restriction on Public Participation
- Section 4 Sub-Section 5 Incitement of Discrimination
- Section 4 Sub-Section 6 Restrict on Profession/Business
- Section 4 Sub-Section 7 Prevention in Religious Activities
Individuals committing the offenses mentioned below can be imprisoned from two months to two years and fined from NPR 20,000 to NPR 1,00,000:
- Section 4 Sub-Section 8 Hinder Production/Sale/Distribution
- Section 4 Sub-Section 9 Discrimination in Goods and Services
- Section 4 Sub-Section 10 Housing Discrimination
- Section 4 Sub-Section 11 Inter-Caste Marriage
- Section 4 Sub-Section 12 Profess Discrimination(Materials)
Individuals who aid, abet, or instigate the commission of untouchability or discrimination or attempt to conduct untouchability and discrimination are liable to half the punishment as stated above. If the above-stated offenses are repeated by the same individual, they shall be liable to double the Punishment as stated by the Punishment above.
Complaint in Police Office
Filing a Complaint
When one is aware of an individual committing or planning to commit an offense related to untouchability and discrimination as outlined above, a formal complaint should be made. To do so, one must visit the nearest police station, as stipulated by law, and formally register the complaint.
Extraterritorial Cases
In cases where the offense related to untouchability and discrimination occurs outside of Nepal, a complaint should be filed at the police station closest to the victim’s place of residence or within the district where the accused resides.
Police Inaction
If the police station where one has filed the complaint fails to register the complaint or take the necessary actions as required by existing Criminal laws, one has the option to submit a complaint about this matter to either the National Dalit Commission or the relevant Local Body.
Forward and Registration
The National Dalit Commission or the Local Body will then forward the complaint they receive to the concerned police station as specified by law.
Additional Provisions
Compensation
Section 9 has provisioned compensation to the victim not exceeding NPR 2,00,000 for cases of Untouchability and Discrimination. However, if the offender has caused physical harm or loss, the court needs the offender to compensate for medical treatment and reasonable costs for additional damages.
Limitation
For cases to be registered under this act, they must be filed within three months from the date of its commission.
Government of Nepal as Plaintiff
The Government of Nepal must act as a plaintiff for cases filed as stated in this act. The Government must represent the alleged victim.
Summary Procedure
The Court must follow the Summary Procedure Act 2028 for the trial and settlement of the cases provisioned in this act.
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