On March 20, 2081, houses of Dalit community were demolished in Aurahi Municipality-5, Siraha district of Madhesh Province of Nepal. This incident has exposed the deep presence of caste-based discrimination in our society and its cultural roots. The family of Deepak Malik Dom and his wife Anita Malik Dom were picked up from their house by the organizers of Mahayagna and sent to a temporary hut at a secluded place. This incident gives us an opportunity to recall the ancient text of Hinduism Manusmriti and the practice of caste discrimination based in it.
The decision to demolish the house of a Dalit in the name of Maha Yagya has revealed the caste system in Hinduism and the principles of caste-based discrimination present in Manusmriti.
Manusmriti is an ancient religious and legal text of Hinduism, which divides the society into four major Varnas—Brahmin, Kshatriya, Vaishya, and Shudra. Specific duties and rights have been prescribed for each Varna. Its main purpose was to establish order and discipline in the society. However, this text has revealed not only the Varna system but also the policy of caste-based discrimination according to which the Shudras and the untouchables (called Dalits) were kept out of the mainstream of society. Due to this, the tradition of great abandonment and humiliating treatment for the untouchables mentioned in the Manusmriti still prevails in the society.
It is mentioned in the eighth chapter of the Manusmriti that people of higher castes become impure by contact with untouchables. According to this, it was considered necessary to keep the untouchables out of the society and to force them not to contact the people of higher castes. As a result of this approach, even today in Nepal, people of the Dalit community are pressured to avoid contact with the higher castes and to keep them out of their cultural, social and geographical boundaries.
The Constitution of Nepal accepts the concept of a secular state. According to this, no one religion has influence or priority in Nepal, and all religions enjoy equal rights and respect. Article 4(2) of the Constitution clearly establishes the principle of secularism, which prohibits discrimination against any person on the basis of his religion or belief.
The Constitution of Nepal guarantees equal rights and opportunities to all citizens, with stringent provisions against ethnic, cultural, and religious discrimination. Particularly for the Dalit community, the Constitution has adopted various legal and policy making measures to eliminate the status of “untouchables”. Article 14(2) of the Constitution of Nepal provides for prohibition of humiliation and discrimination against any person on the basis of ethnic discrimination and guarantees special protection and inclusion measures to the Dalit community.
The Constitution of Nepal clearly provides for no ethnic discrimination and inequality on the basis of religion, but the principles of Manusmriti are still prevalent in some sections of the society. An example of this can be seen in the Siraha incident, where people of the Dalit community were sent to a secluded place in the name of Maha Yagya. This incident raises serious questions about Nepal’s secularism, especially when it shows that there is a conflict between the principle of ancient religious texts and the equality and justice guaranteed by the Constitution.
The Constitution of Nepal has adopted strict legal provisions and policies to end caste-based discrimination and religious inequality, but in reality these ancient and disorganized beliefs are still prevalent. This clearly shows that secularism needs to be ensured not only in legal terms but also in practice.
According to the media reports, the organizers of the Maha Yagya in Aurahi Nagarpalika-5 of Siraha district ordered the demolition of the house of a Dalit family. The reason for the demolition was that Dalit families living around the Maha Yagya pavilion was considered “unholy”. Municipal Chairman Shivji Yadav and former Ward Chairman Dilip Yadav agreed to this, and they reportedly sent dozers to demolish the houses. This incident makes it clear that the upper class of the society still consider Dalits to be low and impure.
This incident, in which a Dalit family was kept in a secluded place and sent to temporary shelters, shows that the level of rights and respect of Dalits is still very weak compared to other sections of society. This incident again proved the status of untouchables mentioned in Manusmriti where harsh steps are taken to keep untouchables out of the mainstream of society.
Manusmriti is considered obsolete or controversial in today’s time, but its influence is still seen in South Asian society. In Nepal too, caste-based discrimination and the status of untouchables are based on the principles of Manusmriti. Due to this, the Dalit community has difficulties in getting equal opportunities in education, health, and other social services. Dalit families in rural areas of Nepal still face caste-based discrimination and social inequality, as the Siraha incident shows. Such incidents remind us that the fight for equality and rights for the Dalit community is not over yet.
The conflict between the influence of ancient texts like Manusmriti and the secular principle of the Constitution of Nepal is clearly seen in our society even today. The Constitution has given clear guarantees to eliminate caste-based discrimination and religious inequality, but if the principles of ancient caste-based discrimination are still effective in the society, then the true meaning and implementation of secularism is seriously challenged. The incident of Siraha has exposed the severity of caste-based discrimination and atrocities against the Dalit community. The decision to demolish the house of a Dalit in the name of Maha Yagya has revealed the caste system in Hinduism and the principles of caste-based discrimination present in Manusmriti. Such discrimination is contrary to the progress and equality of the society. The government should take strict action on such incidents and make all responsible parties aware to protect the rights of the Dalit community.
Dr Vidhu Prakash Kayastha, PhD in Journalism and Mass Communication with extensive experience as a communication expert including with UN Agencies, is a journalist, writer, and media educator based in Kathmandu. He contributes articles in English, Nepali, and Hindi to various newspapers and research journals published in Nepal, India, Bhutan, and the UK.
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