Nepal
16.02.04
Urgent Interventions
Nepal: violence against Dalits because of an inter-caste marriage
Case NPL 160204.ESCR
Attacks and agression/ Kidnapping/ Destruction of property/Caste-based discrimination
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, that a young couple, who had an inter-caste marriage, were kidnapped on 27 January 2004 by the girl's relatives in Saptari district, Nepal. The Dalit community in Saptari district, which the male victim belongs to, was attacked three days later (30th January 2004) by over 200 upper caste people and the Dalit families were forced to leave the village.
On 31 December 2003, Manoj Khanga, a Dalit living in Sanjitpur, Saptari district, Nepal married Parbati Raut, an upper caste girl belonging to the same village. Though the couple were married of their own free will, the girl's family lodged a complaint at the Rajbiraj Police Station claiming the marriage was illegal. The police arrested the couple on the basis of this complaint but subsequently released them on 23 January 2004.
Manoj Khanga and Parbati Raut went to his parent’s house on 27 January 2004. It is reported that on the same night, the Parbati Raut’s relatives, accompanied by other members of the came to the Kanga’s house and kidnapped the sleeping husband and wife. They also threatened to kill Manoj Khanga in front of his family members. The couple are still missing and there is no information on their current circumstances.
According to the information received, the relatives of the girl and the villagers who accompanied them also warned the Dalit families in the village that they should leave the area. As the Dalit families (12 families comprising of about 80 people) did not leave the village; on the night of 30 January 2004 they were they were attacked by over 200 upper caste people led by Asharphi Raut, the father of Parbati Raut and 14 other relatives and neighbors. The families were beaten severely, their belongings were destroyed and cash, valuables as well as cattle worth around Rs. 15 million were looted. The Dalit families were also driven out of the village. It is reported that during the attack, Mr. Satyadev Khanga, Manoj Khanga's uncle, lost his finger and another uncle Mr. Jagadev Khanga was locked up in a toilet by Mr. Pitamber Yadav, an upper caste villager for five days.
Besides Asharphi Raut, some of the other perpetrators who have been named so far include Pitambar Yadav, a lecturer at the Mahendra Multiple Campus in Saptari, Bholi Ram Sahu, a former Village Development Committee chairperson, Baija Nath Yadav, Surendra Gupta, Mahanti Yadav, Birendra Ram Gupta, Ram Narayan Yadav, Sita Ram Roy, Ram Kumar Yadav, Dukhi Khalipha, Dev Narayan, Hari Devi, Ashok Nageshwor, Bisheshowror Satyanarayan, and Sushila Shah.
According to testimony received from one of the victims, Bhudi Devi Khang (86 years old), the Dalit families, including children and elderly, are now living in miserable circumstances in Rajbiraj, the district headquarters after losing all their property and resources. It is also reported that four Dalit families who tried to return to their homes, were chased away by the upper caste people.
Background information
These attacks by members of the upper-caste community occur against the background of a history of caste-based violence and discrimination against Dalits, who on the basis of their descent to a particular caste are considered to be ‘untouchable’. Untouchability, a system based on caste practices of distinction, exclusion and restrictions leads to the denial of the economic, social and cultural rights of Dalits. For example, they are segregated from other case community of housing, denied to access public drinking water and not allowed to go to restaurants and places of worship. Rigid social norms of purity and pollution are also enforced socially through strict prohibitions on marriage or other social interaction between castes. Dalits are forced to bear numerous forms of violence and ill-treatment and attempts by Dalits to act against or contrary to these segregatory practices have often been met with extreme violence such as burning or destruction of their homes and properties, social boycott, rape or gang rape of Dalit women, and murder by dominant caste people or even by the police.
The caste system was officially abolished in 1963 in Nepal. The Nepalese Constitution prohibits untouchability and discrimination on the grounds of caste and makes their practice an offence punishable by law. Despite these provisions, Dalits continue to face severe discrimination and violence.
OMCT is gravely concerned for the security of the kidnapped couple and the situation of the families who have been forced to leave the village. OMCT condemns these acts of violence and urges the government to investigate this incident and take action against the perpetrators of the violence as a matter of urgency. Caste based discrimination is a violation of the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Action requested
Please write to the authorities in Nepal urging them to:
i. take urgent measures to locate the kidnapped couple and ensure their safety and physical and psychological wellbeing;
ii. take all necessary measures to protect the Dalit families and ensure their safe return to their homes;
iii. guarantee that adequate reparation is provided to the victims of these abuses; including for their confiscated property;
iv. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286, Email: hmg@es.wlink.com.np
Mr. Padam Singh Bishwokarma, Chair Person, National Dalit Commission, Thapathali, Kathmandu, NEPAL, Phone: 977-1-4245 325, 4245 919, Fax: 977-1-4229236, Email: ndc@mos.com.np
Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, NEPAL, Tel: +977 1 5 547 974 or 525 659 or 547 975, Fax: +977 1 5 547 973, Email: nhrc@ntc.net.np
Mr. Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, GPO Box 407, Naxal, Kathmandu, NEPAL, Fax: +977 1 441 55 93 or 1 4415594
Mr. Ananda Raj Pokhrel, Chief District Officer, District Administrative Office, Rajbiraj, Sapari, Sagarmatha, NEPAL, Tel/Fax: +977 31 520 624
H.E. Gyan Chandra Acharya, Ambassador to the United Nations Permanent Mission of the Kingdom of Nepal, 81 Rue de la Servette, 1201 Geneva, SWITZERLAND, Fax: +41 22 733 2722, Email: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, February 16, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Attacks and agression/ Kidnapping/ Destruction of property/Caste-based discrimination
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, that a young couple, who had an inter-caste marriage, were kidnapped on 27 January 2004 by the girl's relatives in Saptari district, Nepal. The Dalit community in Saptari district, which the male victim belongs to, was attacked three days later (30th January 2004) by over 200 upper caste people and the Dalit families were forced to leave the village.
On 31 December 2003, Manoj Khanga, a Dalit living in Sanjitpur, Saptari district, Nepal married Parbati Raut, an upper caste girl belonging to the same village. Though the couple were married of their own free will, the girl's family lodged a complaint at the Rajbiraj Police Station claiming the marriage was illegal. The police arrested the couple on the basis of this complaint but subsequently released them on 23 January 2004.
Manoj Khanga and Parbati Raut went to his parent’s house on 27 January 2004. It is reported that on the same night, the Parbati Raut’s relatives, accompanied by other members of the came to the Kanga’s house and kidnapped the sleeping husband and wife. They also threatened to kill Manoj Khanga in front of his family members. The couple are still missing and there is no information on their current circumstances.
According to the information received, the relatives of the girl and the villagers who accompanied them also warned the Dalit families in the village that they should leave the area. As the Dalit families (12 families comprising of about 80 people) did not leave the village; on the night of 30 January 2004 they were they were attacked by over 200 upper caste people led by Asharphi Raut, the father of Parbati Raut and 14 other relatives and neighbors. The families were beaten severely, their belongings were destroyed and cash, valuables as well as cattle worth around Rs. 15 million were looted. The Dalit families were also driven out of the village. It is reported that during the attack, Mr. Satyadev Khanga, Manoj Khanga's uncle, lost his finger and another uncle Mr. Jagadev Khanga was locked up in a toilet by Mr. Pitamber Yadav, an upper caste villager for five days.
Besides Asharphi Raut, some of the other perpetrators who have been named so far include Pitambar Yadav, a lecturer at the Mahendra Multiple Campus in Saptari, Bholi Ram Sahu, a former Village Development Committee chairperson, Baija Nath Yadav, Surendra Gupta, Mahanti Yadav, Birendra Ram Gupta, Ram Narayan Yadav, Sita Ram Roy, Ram Kumar Yadav, Dukhi Khalipha, Dev Narayan, Hari Devi, Ashok Nageshwor, Bisheshowror Satyanarayan, and Sushila Shah.
According to testimony received from one of the victims, Bhudi Devi Khang (86 years old), the Dalit families, including children and elderly, are now living in miserable circumstances in Rajbiraj, the district headquarters after losing all their property and resources. It is also reported that four Dalit families who tried to return to their homes, were chased away by the upper caste people.
Background information
These attacks by members of the upper-caste community occur against the background of a history of caste-based violence and discrimination against Dalits, who on the basis of their descent to a particular caste are considered to be ‘untouchable’. Untouchability, a system based on caste practices of distinction, exclusion and restrictions leads to the denial of the economic, social and cultural rights of Dalits. For example, they are segregated from other case community of housing, denied to access public drinking water and not allowed to go to restaurants and places of worship. Rigid social norms of purity and pollution are also enforced socially through strict prohibitions on marriage or other social interaction between castes. Dalits are forced to bear numerous forms of violence and ill-treatment and attempts by Dalits to act against or contrary to these segregatory practices have often been met with extreme violence such as burning or destruction of their homes and properties, social boycott, rape or gang rape of Dalit women, and murder by dominant caste people or even by the police.
The caste system was officially abolished in 1963 in Nepal. The Nepalese Constitution prohibits untouchability and discrimination on the grounds of caste and makes their practice an offence punishable by law. Despite these provisions, Dalits continue to face severe discrimination and violence.
OMCT is gravely concerned for the security of the kidnapped couple and the situation of the families who have been forced to leave the village. OMCT condemns these acts of violence and urges the government to investigate this incident and take action against the perpetrators of the violence as a matter of urgency. Caste based discrimination is a violation of the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Action requested
Please write to the authorities in Nepal urging them to:
i. take urgent measures to locate the kidnapped couple and ensure their safety and physical and psychological wellbeing;
ii. take all necessary measures to protect the Dalit families and ensure their safe return to their homes;
iii. guarantee that adequate reparation is provided to the victims of these abuses; including for their confiscated property;
iv. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286, Email: hmg@es.wlink.com.np
Mr. Padam Singh Bishwokarma, Chair Person, National Dalit Commission, Thapathali, Kathmandu, NEPAL, Phone: 977-1-4245 325, 4245 919, Fax: 977-1-4229236, Email: ndc@mos.com.np
Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, NEPAL, Tel: +977 1 5 547 974 or 525 659 or 547 975, Fax: +977 1 5 547 973, Email: nhrc@ntc.net.np
Mr. Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, GPO Box 407, Naxal, Kathmandu, NEPAL, Fax: +977 1 441 55 93 or 1 4415594
Mr. Ananda Raj Pokhrel, Chief District Officer, District Administrative Office, Rajbiraj, Sapari, Sagarmatha, NEPAL, Tel/Fax: +977 31 520 624
H.E. Gyan Chandra Acharya, Ambassador to the United Nations Permanent Mission of the Kingdom of Nepal, 81 Rue de la Servette, 1201 Geneva, SWITZERLAND, Fax: +41 22 733 2722, Email: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, February 16, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.