Caste based Discrimination and Untouchability
(Offence and Punishment) Act 2011
Kathamandu, 14th September
2011
Adv. Ratna K. Shrestha
Human Rights/Legal Officer
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International Context
Principle of Non-Discrimination and Core values of HR
• Charter of the United Nations 1945 (Article 1.3)
• Universal Declaration of Human Rights 1948 (Article 1
and 3)
• International Convention on Elimination of Racial
Discrimination 1965 (Article 1)
• International Covenant on Civil and Political Rights 1966
(Article 26)
• International Covenant on Economic, Social and Cultural
Rights 1966 (Article2)
• International Convention on the Elimination of All Forms
of Discrimination Against Women 1979 (Article 1 and 2)
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National Context
Interim Constitution of Nepal 2007
• Preamble of the Constitution
• Right to Equality (Article 13)
• Rights against Untouchability and Caste based
discrimination (Article 14)
• Right to Constitutional Remedy (Article 32)
Treaty Act 1990
• Provisions of the international instrument to be as of
national laws (Section 9)
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Caste based Discrimination and Untouchability
(Offence and Punishment) Act 2011
Salient features:
• Specific legislation to deal untouchability and caste
based discrimination (CBD)
• Preamble of the Act in line with the core value of Human
Rights
• Criminalization of untouchability and CBD
• Broader definition of untouchability and CBD offence
• Extra-territorial jurisdiction
• Special criminal procedure (Summary Procedural Act)
• Punishment as per the gravity of the offence
• Provision regarding compensation
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Major Provisions of the Act
Preamble of the Act
• Protecting rights of the individual – Live with equality,
freedom and dignity
• Realizing principle of equality in terms of rights and
human dignity
• Social harmony crimnalizing any act of untouchability,
exclusion, prohibition, expulsion or any such act and
making it punishable
Broader definition of the related terms
• Such as; Untouchbility and CBD, Public Places, Public
Services, Public Occasions, Individual holding public
post etc.
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What is untouchability and CBD? (Section 4)
• Any discriminatory act based on tradition, custom, religion,
culture, cultural practices, caste, ethnicity, descent,
community or occupation against any one
• Prohibition, expulsion, social exclusion, demonstration of any
kind of intolerant behavior in any public or private place
• Deprivation from using and enjoying public services
• Deprivation from organizing public event
• Instigate, provoke or abet that amounts to untouchability or
CBD
• Prohibiting from carrying any occupation or business or force
to do any such
• Deprivation to perform any religious activity
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What is untouchability and CBD? (Contd…)
• Preventing from producing, distributing or selling goods,
services of facility
• Producing, selling or distributing any goods, services or
facility targeting for caste of ethnicity
• Ostracizing or preventing any family member from/to
house or village
• Preventing from inter caste marriage or naming
ceremony or compelling to divorce
• Demonstrating hierarchical supremacy or justifying social
discrimination
• Refusing from employment or dismiss or discriminating
in remuneration
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Where to file the complaint? (Section 5)
• To the nearest police office (as prescribed)
• If it is committed outside of Nepal, to the nearest police
office of the district where the defendant resides or is
• If the Police office does not register the FIR, may
complain of such to the NDC or Local Body (as
prescribed)
• NDC or Local Body shall write to the concerned police,
who then take necessary action after necessary
investigation
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What will be the punishment? (Section 7)
• One month to Three years of imprisonment or Five Hundred
to Twenty Five Thousand Rupees fine or both (Depending on
the gravity of the offence)
• Any individual supporting, instigating or provoking shall be
subjected to half of the punishment given to the principle
offender
• Additional fifty percent of the punishment, if it is committed by
the individual holding public post
• Those who causes obstruction may be subjected to half of the
punishment given to the principle offender (based on the
report of the investigating officer)
• This Act shall not impose obstruction in taking action, if any
act is also considered as an offence under other prevailing
laws
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What will be the compensation? (Section 9)
• The court may make the offender provide compensation
from Twenty Five thousand to One Lakh Rupees to the
victim
• The court may order to provide appropriate amount to
the victim from the offender to cover medical and
additional expenses
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What is the statute of limitation? (Section 11)
• Case should be lodged within 3 months from the date of
committing offence
• (This time limitation starts from the date of the offence to
filing the case with the court)
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Some other provisions
Assistance may be sought
Investigating Officer may seek assistance from local
leaders, civil society, or org. working on the issues.
To provide cooperation
• Duty of all the concerned to cooperate in the
investigation
Rules may be formulated
• The GoN may formulate necessary rules for the
implementation of this Act
Repeal
• No. 10A of the Chapter on Miscellaneous of the Country
Code has been repealed.
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Criminal Proceedings
of the Untouchability and CBD cases
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Way forward
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Massive dissemination of the Act
Formulation of the Regulation
Awareness campaign
Common understanding of the issue among all the
concerned stakeholders
• Role of NHRIs importantly NDC
• Monitoring Mechanism
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