Caste-Based Hate Crimes: Nepalese Conundrum

Abstract

The constitution of the Federal Republic of Nepal assures equality of all Nepalese citizens regardless of gender, ethnicity and religion. There is a stringent law which recognizes all form of caste-based discrimination as a serious criminal offense. However, caste-based hate crimes including physical assaults and cold-blooded homicides are frequently the headlines of national dailies.

Background

Nepal was a Hindu kingdom until 28 May 2008. Caste-based system was more prevalent then where the people of so-called higher caste discriminated those of the lower caste. The society branded people of lower castes as ‘Dalits’ and regarded them untouchables. After Nepal was made a secular state and declared a Federal Republic, the new constitution practiced equality on all Nepalese citizens regardless of gender, ethnicity and religion. A stringent law was passed which recognized all caste-based discrimination as a serious criminal offence. Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2011 prohibits all forms of discrimination based on gender, race, caste and religion. Although the law has been passed, the centuries-old traditional mindset of the people in the Nepalese patriarchal society have not fully left behind the unscientific practice of gender-based discriminations. Amidst the nationwide lockdown due to corona virus disease (COVID-19) pandemic, Nepal reports incidences of physical assaults and cold-blooded homicides, which are linked to caste-based discrimination as per preliminary investigation reports.

Case 1

A 13-year-old girl went missing on Friday, 22 May 2020 (The Kathmandu Post, 2020). The locals in the evening went in search for her and found her with a 25-year-old youth at a haystack. The next morning, the mother gathered the villagers and demanded justice accusing the boy of raping the girl. The crowd who included the local representatives of the community then decided the youth be punished by accepting the girl as his wife, rather than instigating a police investigation. The crowd dispersed after the teenage girl was handed over to her new family. Later that day, the girl was found hanging on a tree alongside the riverbank in the neighbourhood. The deceased’s mother alleged that her daughter was rejected because they were Dalits. The deceased reportedly had marks of struggle and violence over her body. The police initially refused to file a complaint but two days later, on 25 May 2020, booked a case after pressure from the civil society. The human rights commission has drawn attention of the government and have demanded fair justice on the alleged case of sexual offence, murder and caste-based discrimination.

Case 2

A 21-year-old boy who was in love with a 17-year-old girl from a neighbouring village wanted to bring his girlfriend home as his wife (Mulmi, 2020). The lover boy, who had gone to the girl’s house and asked her hand for marriage on a previous occasion was beaten mercilessly by her family. So the girl, who too wanted to elope with him, warned him not to come alone and bring along his friends. On Saturday 23 May 2020, the courageous boy along with his 19 friends marched towards the neighbouring village. Unfortunately, a village mob gathered to teach the lover boy and his friends a lesson. The lover boy and his friends tried to run away, but the mob chased and beat them mercilessly. The six unfortunates including the lover boy were battered to death. The dead bodies were then thrown into a river. The lover boy, who happened to be a Dalit, succumbed to death for hurting the ego of an upper caste girl’s family.

Discussion

The above incidents in Nepal are in the limelight when the world is mourning the death of George Floyd in the United States (BBC, 2020). The protest on the brutality of law-keepers based on racial discrimination in the developed world is no different from the caste-based discrimination in Nepalese society.

Inter-caste marriage has always been a taboo in Nepal. The couples defying the odds of traditional mindset of people are branded as social outcast. These socially boycotted couples are excluded from their families and societies. There is a reported incident where a couple ended their lives jumping from the highest suspension bridge in the country (Atreya et al., 2018).

Discrimination based on the colour and caste has always prevailed in the human society. The discriminating unscientific behaviours of our ancestors have been passed down to our generation, and we still defy the stringent law just to fuel our ego. When the whole world is equivocally fighting the unseen enemy, the COVID-19, bereaved families are struggling to find justice for their never returning beloved. As per the data released by Nepal police, during the first lockdown period from 24 March 2020 to 25 July 2020, there were only seven cases of untouchability reported (Crime Investigation Department, 2020). The actual number might be much higher than what is seen from police records, because many cases settle down before reaching the police files or court. There have been reports where police do not file cases of caste-based discrimination. On 17 June 2021, a 24-year-old Kathmandu-based journalist alleged that she was denied renting a room because she was from a lower caste (Pariyar & Nepali, 2021). She tried to lodge a complaint, but police denied filing her case. Later when the news sparked media attention then police arrested the alleged tenant three days later. However, the office of the District Attorney ordered her release due to the lack of evidence. The issue spread as wildfire when a minister drove to pick up the tenant in his office vehicle from police station.

Caste-system seems to have become an illegal but culturally accepted form of discrimination in Nepal. The influence of political leaders in caste-based issues have always been a factor in the investigation and justice for the victims. This might be one of the reasons for the lack of reporting by the victim and the police being reluctant registering complaints.

Until and unless the propped-up structures of unscientific bigoted beliefs are dismantled, caste-based hate crimes are not going to stop. Our acts are the civic sense being passed down to our younger generation. It is for us to choose whether to teach them love or hatred.