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Kathmandu Tuesday March 27, 2001 Chaitra 14, 2057.
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Fight for rights
The other day, the Dalit NGO Federation decided to file a
"writ petition" against those who were involved in the Chamar incident in Siraha
and Saptari districts thirteen months ago. Unfortunately, this move has been prompted
because the government overlooked the atrocities allegedly committed against the Chamar
community. Had the government taken action against those upper caste Hindus, who have
ostracized the Chamar community after they refused to clear away animal carcasses, the NGO
Federation, which works especially to uplift the lower caste people, would not have been
compelled to move the courts against social oppression. This turn of events no doubt
indicates that the outdated but rigid caste system has harmed social development despite
laws that guarantee equality and liberty for all. The reason for this rigidity is that the
upper caste Hindus, occupying higher positions in society, continue to protect religious
and social taboos at the cost of the fundamental rights of certain section of the
population.
Manu divided Hindu society to ensure the division of labour
and, at the same time, govern the social and religious activities of every individual. He
did not do this with any intention of creating social disorder. Rather, he acted with the
intention of bringing about the integration of all sections of the population and ensuring
their right to live with dignity. However, over the centuries, the practice gradually got
rigid and turned into a perpetual system that still restricts certain sections of the
population from attending or mingling in social or religious gatherings. The practice has
been in existence, especially in remote areas, depriving the basic rights of weaker
sections of the population. The Chamar incident is one of many such incidents that often
take place in the country.
The Constitution of the Kingdom of Nepal 1990 clearly
states that "no person should be discriminated on the basis of religion, caste or any
motive that works against humanity. Neither shall anyone be denied access to public places
nor shall anyone be deprived of using public utilities." This shows that the upper
caste Hindus who ordered Chamars to clear away carcasses were acting against the interest
and dignity of some people and against the law of the land. The fanatic Hindus had no
right to ostracize the Chamars. But how will the government initiate action against those
who meted out atrocities to the Chamars? Does it mean that someone who violates the law
against discrimination need only pay a paltry 250 rupees as fine? Will that sort of
punishment deter such social atrocities against a particular section of society? The
government must work to amend the law so that it can become the best bulwark against such
social malpractices. The lower class people have to be given protection with new
opportunities for integrating them into the mainstream where they can lead a life of
dignity. Also, a meaningful level of affirmative action has to be embarked upon if the
authorities are serious about improving the standing of disadvantaged groups like
the Chamars in our democratic society.
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