In 1963, the Caste System was made illegal in Nepal, and 48 years later a specific law was made against caste-based discrimination and untouchability. However, Dalit organizations and researchers say this system still exists (Wikipedia, “Damai”; Nepal Law Commission). This document describes who is considered Dalit in Nepal; the evolution of Nepal’s Caste System and the law; what the Interim and the 2015 Constitutions and 2011 Acts say; and finally, sheds light on what is known about the enforcement of these laws. It includes the source and year for each figure, and where differences in estimates exist. For further information on the term “Dalit” and why Nepal uses it, please read our other publication on this subject.
Who is considered Dalit in Nepal?
The National Dalit Commission of Nepal identifies 26 Dalit sub-castes divided between the Hill Dalits and the Madhesi (Terai) Dalits (Wikipedia, “Dalit People of Nepal”). The 2021 census identified 4,122,639 Dalits, which is 13.6% of the total population (Wikipedia, citing the National Statistics Office). Another source says 13.4% of the total population was identified as Dalit in the 2021 census (Centre for Social Change, “Social Justice and Rights of Dalits in Present Day Nepal”). Estimates made by Non-governmental Organizations put this number between 17 and 20% (Academia, Nepal Journals Online). The census report identifies each group and can be read on the website of the National Statistics Office. According to Nepal’s 2021 census, 146 different ethnic groups and castes were identified (Wikipedia, “2021 Nepal Census”).
The caste system in Nepal: legal inclusion
The Muluki Ain of 1854 was the first official legal code of Nepal and instituted the caste-based system and declared Dalits ‘impure’ and ‘untouchable’ (Centre for Social Change). Other laws followed the Muluki Ain and further entrenched the caste system (Dalit people of Nepal, Wikipedia). The legal system of Nepal abolished the caste system and formally outlawed untouchability in 1963 (Wikipedia, Damai; Kami (caste)). The Muluki Ain also created a structured hierarchy among Nepal’s ethnic groups and promoted caste-based discrimination (UN, Report of the Working Group on Contemporary Forms of Discrimination against Women). Our guide to Descent-Based Discrimination discusses the stance of the United Nations on such caste-based discrimination, and our Caste System in India Guide explains the system in the Indian subcontinent.
Untouchability in Nepal: evidence
Untouchability and caste-based discrimination persist in Nepal despite constitutional provisions for the recognition of Dalits’ fundamental rights (Dalit CSOs Consortium, joint submission to the UN, UPR). Members of the Dalit community suffer poverty and social exclusion, and have little to no ownership of land (Wikipedia, Dalit people of Nepal). The killing of a Dalit school teacher and three members of his family by a group of upper-caste men in 2020 drew national and international condemnation (Deutsche Welle, June 16, 2020, as cited by Wikipedia). Our Untouchability: Still a Reality? Guide discusses some evidence concerning this situation in India.
What the Constitution says
Nepal’s 2015 Constitution has three main provisions on caste (Dalit CSOs Consortium; Centre for Social Change).
- Article 18 ensures equality before the law and prohibits discrimination on the basis of, among others, caste.
- Article 24 prohibits untouchability and caste-based discrimination.
- Article 40 ensures Dalits’ the right to education, health and other services, as well as the right to proportional inclusion in state organs.
The National Dalit Commission is a constitutional body (Dalit CSOs Consortium) under Article 255. There are still demands for an independent law to enforce Article 40 (Academia, Nepal Journals Online). Our article on what Article 17 says explains India’s Constitutional prohibition of untouchability for comparison.
Nepal caste discrimination Act 2011
The Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2011, outlaws such practices in the public and private spheres (Wikipedia, “Dalit people in Nepal”). Section 3 of the Act states that no person can commit, aid, abet or instigate untouchability or discrimination, or attempt to do so (Nepal Law Commission, text of the Act). It outlaws such acts and fixes penalties, and provides for increased punishment and additional penalty in case of repeated offences (Nepal Law Commission). It also provides for compensation to the victims (Centre for Social Change). The National Penal Code, 2017, has similar provisions (Centre for Social Change). Our comparative analysis of caste laws of the world places Nepal’s law in the international context. Our analysis of the Prevention of Atrocities Act, 1989, of India places India’s law in this context.
Enforcement: what the evidence shows
As reported by the Dalit CSOs consortium, 144 cases related to caste-based discrimination were filed in the courts in 2023/24 (Dalit CSOs Consortium). It urges the enactment of a comprehensive law to implement Article 40, and rename and amend the 2011 Act (Dalit CSOs Consortium). One researcher suggests that stronger enforcement of the 2011 Act is needed (Academia). I was not able to locate statistics on the number of complaints that were not registered, the number of convictions or other evidence related to enforcement of the 2011 Act. These are civil society and academic sources.
Nepal and surrounding countries
Officially Recognized Caste Systems
| Nepal | India | Sri Lanka and Bangladesh | |
|---|---|---|---|
| Caste in constitution | Yes (articles 18, 24, 40) | Yes (article 17) | Yes |
| Anti Discrimination Laws | 2011 Act (public and private spheres) | Sri Lanka Atrocities Act 1957 | Bangladesh Atrocities Act |
| Population Data | Census 2021 | Scheduled Castes in census | None |
Our guide to caste in Sri Lanka and Bangladesh covers the other two countries. (For communities documenting their own experiences, skills in blogging, AI tools and email marketing have become essential. The Ambedkarite Educational Program was built to teach precisely these skills.)
Takeaway
Caste in law in Nepal began in 1854 with the Muluki Ain, and was abolished in 1963. The 2015 Constitution bans untouchability and provides for Dalits’ proportional representation. The 2011 Act criminalizes caste-based discrimination in public and private life. The 2021 census says that about 13.4 to 13.6 percent of Nepal’s population is Dalit, while advocates say it is between 17 and 20 percent. Dalit organizations say that untouchability is persistent and systemic, while court cases against the practice were at 144 for the 2023/24 fiscal year. I was unable to find data on convictions.
Frequently Asked Questions
Is it illegal to practice caste discrimination in Nepal?
Yes, Caste Discrimination was made illegal in 1963, the 2015 Constitution bans untouchability and the 2011 Act criminalizes Caste Discrimination in public and private life.
How many Dalits are there in Nepal?
The 2021 Census put the number at 4,122,639, or about 13.6 percent of the total population. Advocates put the number between 17 and 20 percent.
What is the Caste-Based Discrimination and Untouchability Act 2011?
The legislation of Nepal banning caste-based discrimination. It makes untouchability and discrimination, aiding or instigating them, illegal, provides for punishment and compensations to the victims.
Does untouchability exist in Nepal?
Even though untouchability is banned by law in Nepal, Dalit civil society groups say it exists deeply in Nepali society.
Is there a body for Dalit rights in Nepal?
The National Dalit Commission is formed as per Article 255 of the Constitution of Nepal 2015. It is a constitutional body.
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SOURCES
- Wikipedia, “Dalit people in Nepal”
- Wikipedia, “Damai”
- Wikipedia, “Kami (caste)”
- Wikipedia, “2021 Nepal census”
- Centre for Social Change, “Social Justice and Rights of Dalit in Present Scenario of Nepal”
- Nepal Journals Online, “Caste-Based Discrimination and the Social Status of Dalits” (Academia)
- OHCHR, joint submission by the Dalit CSOs Consortium to the UN Universal Periodic Review
- OHCHR / Nepal Law Commission, Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2011
- National Statistics Office, Nepal, National Population and Housing Census 2021, Caste/Ethnicity Report
