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BBC Coverage on Implementation of CBD&U Act, 2011

Published Date: 08/21/2017

Though it has been over 6 years since the promulgation of Caste Based Discrimination and Untouchability (Offences and Punishment) Act, 2068, its implementation has been observed to be weak and futile so far. This act has proved to be very important in case of Caste Based Discrimination and Untouchability (CBD and U). However, the prevalent phenomenon of lack of information dissemination regarding the Act, non-inclusive state structure, and the pressing on reconciliation between the conflicting parties in Dalit issues have further aggravated the perils of Dalit community. There are instances even today, of couples subjected to banishment from village just because of an inter-caste marriage. Justice has proved to be a forbidden fruit to them and the problem of this nature is evidently more severe in remote rural areas.

Paralegal, Sita Bista B.K of Bajura District highlights that there is a tendency of warning, threatening and lashing out at people who come up with Dalit issues and that the conflicting parties are eventually coerced into reconciliation and there is no way that Dalit reports are filed easily.

Pradip Pariyar, the president of Samata Foundation, an NGO which has conducted studies on the implementation status of the CBD and U Act, asserts that discriminatory mentality is the reason why the discriminated have been denied justice. Furthermore, he reveals that the research and investigations conducted in 10 districts of the country exhibit that the act has had very weak implementation so far. Cases of discrimination are taken very naturally as if it is a universal truth or the law of nature and is normalized and settled in reconciliation, outside of courts. However, it is high time that the problems are seen as problems, and taken as problems. Change has to be today. Change is urgent. After all, what creeps slowly is nothing but death, as Mr. Pradip rightly states.

However, Puskar Karki, speaker of Nepal Police says that Nepal Police is determined to implement laws. He informs that, the initial investigation is carried out, followed by the filing and recording of cases and in cases the report is not recorded or filed, one can always option for the hotline of Ministry of Home Affairs.

In a nutshell, the BBC Report sums up that, “important but not so effective” Caste Based Discrimination and Untouchability (offences and punishment) Act, 2068, through local initiatives, can bring about an end to all forms of discrimination.

For its audio report please CLICK here.