On 21 March, marking the International Day for the Elimination of Racial Discrimination, Amnesty International Nepal (AI Nepal) organised, in collaboration with seven other partner organisations, a discussion titled “Access to Justice for Victims of Caste-Based Discrimination and Violence” in Kathmandu. This event was the fifth edition of the Social Justice Dialogue Series the organisations are partnering together since 2023.
The discussion, organised in collaboration with JuRI Nepal, Community Self-Reliance Centre (CSRC), Human Rights Journalists Association (HURJA), Nepal Mahila Ekata Samaj, National Network on Economic, Social, and Cultural Rights, Constitutional and Judicial Journalists’ Forum, Jagaran Media Center, Equity Society Nepal and Madhesi Dalit NGO Federation, was attended by over 90 participants including activists, rights holders, journalists, government stakeholders, among others.
Despite constitutional guarantees and legal provisions against caste-based discrimination, Dalit communities in Nepal continue to face systemic barriers in accessing justice. The dialogue explored the denial of justice as a broader form of social injustice, specifically addressing the roles everyone in society plays in perpetuating caste-based discrimination against Dalits.
The event commenced with opening remarks by Dinesh Pariyar, Vice President of Jagaran Media Center. “It is no secret that as a society, we all perpetuate discriminatory practices, reinforcing systemic inequalities. That is why, as we mark this day, it is our responsibility to seek answers on how we can collectively address the discrimination we still face in the twenty-first century,” he said.
This was followed by a welcome note by Nirajan Thapaliya, Director of Amnesty International Nepal. “The main objective of this program is to understand why pervasive forms of discrimination persist and why access to justice remains difficult for victims of caste-based discrimination. How can we overcome these obstacles? What roles can civil society organizations, activists, lawmakers, and law enforcement play to address these issues? And how do we, as a society, contribute to these injustices or resist them? These are the questions we are here to address,” he said.
Advocate Shyam Bishwokarma then made an insightful presentation that provided a detailed overview of the systemic barriers faced by Dalit communities in their pursuit of justice. He examined constitutional provisions for Dalit rights, the untouchability law, findings from Amnesty International’s report “No One Cares”: Descent-Based Discrimination against Dalits in Nepal, and challenges in filing First Information Reports (FIRs) and seeking investigations.
Advocate Mohan Sashankar presented a brief update on the case of Ajit Mijar Dhakal, a Dalit youth who was in an inter-caste relationship with a non-Dalit girl and was found dead under suspicious circumstances in 2016. The police swiftly classified his death as a suicide and buried his body without informing his family. His father suspected foul play and successfully petitioned for the body to be exhumed. Eight years later, Ajit’s body remains in a hospital morgue in Maharajgunj as his father continues his fight for justice.
Journalist Milan Bishwokarma then highlighted the challenges faced by Dalits in accessing rental housing, sharing his personal experience of being denied housing because of his caste. “When I reported the incident, the police initially refused to register my case. It was only after media coverage that they took action. The landlady was held in custody for nine days, but the court dismissed the case, citing ‘lack of evidence’,” he recounted.
Sunita Nepali from Nuwakot shared her experiences as a single Dalit woman. “What I witnessed during my mother’s time, I continue to experience today. Although people may be more polite in their words, the underlying discrimination remains unchanged,” she said.
She shared a story, one that has lingered with her through the years. “At twenty, my mother became a widow. One morning, as we walked down the street, a man glanced at her and remarked, ‘Oh, my morning’s ruined now that I’ve seen a widowed Dalit,’ as if her mere presence had spoiled his day. It was just a passing comment—but it has stayed with me all these years,” she said.
A panel discussion further explored the challenges in accessing justice. Panelists included Prakash Nepali, a Dalit lawyer and Legal Advisor to Samata Foundation; Khim Lal Devkota, a constitutional expert and Constituent Assembly member; Praneta, an activist from Brihat Nagarik Andolan; Sarita Bishwokarma, Police inspector representing Crime Investigation Department; and Shyam Babu Kafle, Deputy Spokesperson of the National Human Rights Commission. The panel was moderated by Bhasha Sharma, journalist and Vice Chairperson of the Constitutional and Judicial Journalists’ Forum.
Prakash Nepali critically examined the justice system’s shortcomings, focusing on Article 24 of Nepal’s Constitution and the increasing criminalisation of Dalits. “The legal framework is clear, but the implementation is absent. Recent cases of wrongful accusations and lack of accountability highlight the deep-rooted biases within the system,” he said.
Khim Lal Devkota emphasised the need for political accountability and structural reforms to ensure Dalit rights. “It is unacceptable that caste continues to determine one’s life opportunities in Nepal,” he said.
Praneta highlighted the layered discrimination faced by Dalit women. “As a non-Dalit woman, I have observed the systemic mistreatment of Dalit women within both society and institutions. Young people have a responsibility to challenge these injustices and push for change,” she stated.
Sarita Bishwokarma recounted her own experiences of caste-based discrimination as a police inspector. “A non-Dalit falsely accused me simply because of my caste. Although I have a position of authority, the prejudice against me remains. This reflects the broader reality of how caste discrimination infiltrates every level of society,” she explained. She called for similar discussions to be held in rural areas. “Programs like this need to happen outside Kathmandu, where caste-based discrimination is most deeply entrenched,” she urged.
Shyam Babu Kafle shed light on the National Human Rights Commission’s role in addressing caste-based discrimination. “Over the past four years, we have documented 300 cases of Dalit victims seeking justice, yet none have received relief. The absence of justice is evident in the numbers – only 80 Dalit police officers, 30 Dalit parliamentarians, and three Dalit judges in the high courts. This glaring lack of representation perpetuates inequality,” he remarked.
The discussion concluded with a call for stronger legal enforcement, greater political accountability, and more inclusive platforms to ensure justice for Dalit communities in Nepal.