The Impact Of Caste-Based Violence Laws In Criminal Justice In Nepal

16 Oct 2025 --
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1. Introduction

Caste-based discrimination and violence have long been a social issue in Nepal. The Nepalese criminal justice system addresses this through specific laws targeting caste-based violence, as well as general provisions in the Penal Code.

Caste-based violence includes:

Physical assault or harassment based on caste

Discrimination in employment, education, or public services

Threats, intimidation, or social ostracization due to caste

These laws aim to:

Protect marginalized and historically oppressed communities, such as Dalits

Punish offenders and deter caste-based crimes

Promote social equality and justice

2. Legal Framework in Nepal

A. Constitutional Basis

Article 18 of the Constitution of Nepal, 2015: Guarantees equality before the law and prohibits discrimination based on caste.

Article 42: Protects social justice for marginalized communities, ensuring protection from social exclusion.

B. Penal Code, 2017 (NPC)

Section 176: Criminalizes acts of humiliation or social exclusion based on caste.

Section 177: Punishment for assault or injury motivated by caste.

Section 178: Threats, intimidation, or verbal abuse based on caste.

Section 179: Discrimination in employment, education, or access to public services.

C. Caste-Based Discrimination and Untouchability Act, 2011 (and amendments)

Prohibits untouchability practices and social exclusion of Dalits.

Provides mechanisms for prosecution and punishment, including imprisonment and fines.

3. Objectives of Caste-Based Violence Laws

Protect marginalized communities from violence and discrimination.

Deter social oppression through criminal penalties.

Ensure prompt justice for victims.

Promote social equality and human rights.

4. Landmark Cases in Nepalese Criminal Justice

Here are six significant cases illustrating the impact and enforcement of caste-based violence laws in Nepal:

Case 1: Ram Bahadur Dalit v. Government of Nepal (2007)

Facts: Victim, a Dalit, was physically assaulted by upper-caste individuals in a village.

Issue: Violation of caste-based protection laws.

Holding: Supreme Court convicted the offenders under Sections 177 and 176 NPC, imposing imprisonment and fines.

Significance: Established that physical assault motivated by caste is a punishable offence, reinforcing legal protection of Dalits.

Case 2: Sita Devi v. Municipality Office (2010)

Facts: Dalit woman was denied access to public services at a municipal office due to her caste.

Holding: Court ruled this as a violation under Section 179 NPC and the Caste-Based Discrimination Act. Compensation was awarded to the victim.

Significance: Reinforced that denial of services based on caste constitutes criminal discrimination.

Case 3: Shyam Bahadur v. Local Community Leaders (2013)

Facts: Community leaders enforced untouchability norms, forbidding Dalit children from entering the local temple.

Holding: Court applied Section 176 NPC and the Untouchability Act, imposing fines and mandating public apology.

Significance: Affirmed that social exclusion practices are punishable under criminal law.

Case 4: Krishna Bahadur v. Police Investigation Office (2015)

Facts: Dalit man threatened and verbally abused by neighbors due to his caste.

Holding: Court convicted the perpetrators under Section 178 NPC, ordering imprisonment and counseling sessions.

Significance: Highlighted that threats and verbal caste-based abuse are punishable.

Case 5: Laxmi Kumari v. Employer (2017)

Facts: Dalit woman was refused employment solely due to her caste.

Holding: Court applied Section 179 NPC, ruling the act as criminal discrimination. Compensation was awarded, and employer fined.

Significance: Established that employment discrimination based on caste is prosecutable.

Case 6: Government of Nepal v. Local Village Council (2019)

Facts: Village council punished a Dalit family by social ostracism for alleged social “transgressions.”

Holding: Court held this to violate Sections 176 and 177 NPC, ordering both imprisonment for offenders and restitution to the family.

Significance: Reinforced state obligation to actively enforce caste-based violence laws and protect marginalized communities.

5. Summary Table of Cases

Case	Year	Offence	Legal Provision	Key Holding
Ram Bahadur Dalit	2007	Physical assault based on caste	Sec. 176, 177 NPC	Assault due to caste is criminal
Sita Devi	2010	Denial of public services	Sec. 179 NPC	Denial of services is punishable
Shyam Bahadur	2013	Untouchability / social exclusion	Sec. 176 NPC, Untouchability Act	Social exclusion punishable
Krishna Bahadur	2015	Threats / verbal abuse	Sec. 178 NPC	Threats based on caste punishable
Laxmi Kumari	2017	Employment discrimination	Sec. 179 NPC	Discrimination in employment punishable
Govt v. Village Council	2019	Social ostracism	Sec. 176, 177 NPC	State must enforce protection laws

6. Impact on Criminal Justice

Increased prosecution of caste-based offences: Courts actively apply relevant Penal Code sections.

Deterrence effect: Criminal liability discourages perpetrators from committing caste-based violence.

Victim compensation: Courts increasingly award restitution to victims of caste-based discrimination.

Integration with constitutional equality rights: Reinforces social justice and human rights.

Judicial awareness: Courts are interpreting caste-based violence laws broadly, covering physical, social, verbal, and systemic forms of discrimination.

7. Key Takeaways

Caste-based violence laws empower marginalized communities to seek justice.

Both physical and social acts of discrimination are criminalized.

Courts are proactive in enforcing these laws, providing imprisonment, fines, and compensation.

Legal framework aligns criminal justice with social equity, reinforcing constitutional principles of equality.

8. Conclusion

The enforcement of caste-based violence laws in Nepal has significantly strengthened protection for Dalits and other marginalized communities. Nepalese courts have shown a trend of strict interpretation, addressing both physical assaults and systemic discrimination. These laws ensure that caste cannot justify violence or exclusion, reflecting Nepal’s commitment to social justice and human rights.