23 Chait, Kathmandu. Perhaps for the first time in the history of Nepal, the state itself has prepared a formal apology to Dalits and historically marginalized communities. The government formed under the leadership of the newly elected Prime Minister Balen Shah has announced to apologize within 15 days after passing the 100-point governance reform agenda from the first meeting of the Council of Ministers.

Along with the apology, it is said that special reform programs will be implemented for social justice, inclusive restoration and historical reconciliation. Dalit movement activists termed this move as ‘historic’ and it has brought the issue of caste discrimination into a new debate in South Asian countries.

This topic has become a topic of discussion even in the Indian Lok Sabha. Indian MP Chandrasekhar AzadHe called this decision of Nepal as an example and asked the Indian government and parliament to formally apologize to the Dalit and marginalized communities and take moral responsibility for the historical injustice.

Addressing in Hindi, he said, ‘When will this Parliament apologize for those who have been discriminated against for thousands of years and are still forced to fight for basic necessities like grass, shelter and cotton?’

This incident has highlighted the common social and cultural issues between Nepal and India at the international level.

In India caste system

The history of caste system in India is thousands of years old and it is still an important aspect in Indian life and politics. Castes at the back of the social structure still have to endure discrimination.

In 1950, the Indian Constitution banned caste-based discrimination and subsequent governments have implemented various policies for the social upliftment of ‘lower’ caste people. However, outside the big cities, especially across India, this system still persists in various forms.

There are hundreds of castes and sub-castes in the country, which are mainly based on family occupations. Dalits, numbering nearly 200 million, are at the bottom of this hierarchy and are often the target of discrimination.

The Government of India has prepared to collect details of caste in this census. This is the first time in almost 95 years since the last time it was collected during the British colonial rule. Proponents of the caste census argue that the new data will help better manage reservation plans. The problem with the current quota is that it is based on decades old data.

Like India In Nepal too

Nepalese society is based on Hindu caste system. V.No. In 1910, Prime Minister Jung Bahadur Rana issued a civil law that legally institutionalized the caste hierarchy.

The first Civil Act of 1910 institutionalized the caste system and caste discrimination in Nepal by law. The Act, based on Manusmriti, divided the people into tyrants, drunkards and dalits, and implemented a discriminatory policy of different punishments for the same crime according to caste.

This kind of discrimination was not only limited to the so-called Dalits and other ‘superior’ castes but also penetrated among the Dalit castes. The Act classified them as ‘not running water’ and ‘must be sprinkled’ and placed them at a low social level.

Raswapa’s election pledge item no. On 1st, it promised to formally apologize to the Dalit community, which has been suffering injustice, humiliation, exploitation and exclusion for generations due to the social structure, laws, policies and practices of the state.

It defined Dalits as untouchables and prohibited them from touching water, temple entry, marriage and social harmony. Dalit community includes more than 28 sub-castes like Kami, Damai, Saraki, Badi, Musahar, Chamar. About 13.44 percent of the total population of Nepal are Dalits. Himalayan Dalits are 8.6 percent and Madhesi Dalits are 4.8 percent.

Historically, the Civil Code of 2020 was a milestone, but it did not bring about the expected changes in the social structure. The interim constitution of 2063 declared Nepal an untouchable nation for the first time. The Racial Discrimination and Untouchability (Crimes and Punishments) Act, 2068, made on the basis of that, made provision for severe punishments, considering discrimination in the public sector as well as in the private sector as a criminal offence. Article 24 (rights against untouchability and discrimination) and Article 40 (rights of Dalits) of the current constitution have for the first time established the right to compensation as a fundamental right.

As the statistics show, despite the strong laws, the Dalit community is still losing their lives due to the lax implementation of the society’s mentality and state machinery. Especially the Soti incident in Rukum West in 2077 is a strong example of this. At that time, 6 youths including Navaraj Vishwakarma lost their lives due to inter-caste love affair. This incident exposed the hideous form of caste arrogance in Nepali society at the international level.

Similarly, the increase in violence against the Dalit community during the nationwide lockdown during the COVID-19 pandemic confirms the fact that marginalized groups are more vulnerable during times of crisis.

In the promise sorry

Rashtriya Swatantra Party (RASWPA) in its election manifesto point no. On 1st, it promised to formally apologize to the Dalit community, which has been suffering injustice, humiliation, exploitation and exclusion for generations due to the social structure, laws, policies and practices of the state. Probably, according to this, Ravi Lamichhane, president of the RSVP, apologized to the Dalit community from the rostrum of the House of Representatives meeting on March 19.

In order to encourage and give opportunities to communities with special skills, abilities and potential, on the contrary, untouchable behavior and structural barriers are being erected, the entire society is lagging behind in the journey of skills, technology and modernization.

RSVP MP Prakashchandra Periyar recalls that the new constitution addresses human rights, social justice and the right to identity. “Women’s rights, social justice rights and Dalit rights are clearly mentioned in the fundamental rights of our constitution,” MP Pariyar said.

If the government does not come up with a program to guarantee land, education and employment to Dalits and deprived communities along with an apology, there is a risk that this announcement will be limited to a ‘ritual’. Past practices and experiences have confirmed this.

Writer and human rights activist Heera Vishwakarma says that looking at the past experience, the government’s move is welcome but not without suspicion.

‘The subject that the government is bringing is a good thing in itself. However, our expectation is that this apology will be meaningful only if this issue is included in the policies and programs to be announced by the President and the budget brought by the Finance Minister, with policies, programs, budgets and structures, otherwise it will not be,’ said Vishwakarma.

Indian in the media too discussion

This historic announcement of the Government of Nepal has also received considerable discussion in the Indian media. The Indian media interpreted it not only as a political news item but as a ‘turning point’ in the caste politics of South Asia.

Times of IndiaCovering it with utmost priority, it printed a news headline titled “Nepal Announces Formal Apology to Dalits Within 15 Days”.

Citing Balen Shah’s 100-point reform plan, it is mentioned in the news that there is going to be a formal acknowledgment of the injustice done to Dalits by the state, society and political structures for the first time.

It interpreted the apology as ‘balm on the wound’, including the statements of grassroots rights activists such as Baitadi’s Saraswati Nepali. Also, Hiralal Vishwakarma’s warning that it might be ‘lip service’ (limited to speech) is also placed.

Indian English language news channel World is One News presented it as a ‘dispatch’. World is One NewsHe considered the rise of Balen Shah and his unconventional political style to be the main factor behind this decision. It has been analyzed that this step of Nepal will also put moral pressure on neighboring countries like India, Pakistan and Bangladesh. Nepal has shown the courage to accept the dark part of its history and it has been presented in a positive light.

News 18 has presented it in a slightly more explanatory style. ‘Why is the new Prime Minister of Nepal apologizing to Dalits?’ In the article titled, the statistics of centuries of discrimination, untouchability and the socio-economic condition of the Dalit community have been presented.

It has highlighted the aspect that social justice is connected with good governance in the 100-point agenda of the RSP. They believe that this is not just an apology but an attempt to lay the groundwork for ‘historic reconciliation’.