There are several historical markers of domination and discrimination against indigenous peoples and other minorities in Nepal. These are as follows:

The main historical marker of Hindu domination begins with caste restructuring by King Jayasthiti Malla in the Kathmandu Valley in the fourteenth century. The King invited five Brahmin priests from India to Kathmandu. Based on their advice, the King restructured the Newars, the indigenous peoples of the Kathmandu Valley, into 64 castes based on occupational division of labor. These caste divisions were neither based on hierarchic Hindu varna model, that is, Brahmin at the top followed by Kshyatriya, Vaisya and Sudra at the bottom, nor on inscription. It indeed paved a way for intensification of the processes of Hinduization or Sanskritization of indigenous peoples of Nepal (Jijima 1963).

The second historical marker of Hindu Bahun-Chhetri domination is the conspiratorial attack against the Magar King of Lig-Lig Kott by King Drabya Shah, who later won a war against the Khadka King of Gorkha in 1559A.D.. This was the beginning of the downfall of independence of indigenous peoples in Nepal.

The third historical marker of continuing Hindu Bahun-Chhetri domination is the territorial “unification” of Nepal in 1769 by King Prithvinaryan Shah. Prior to 1769, indigenous peoples had their own rule in their respective traditional homelands. King Prithvinarayn Shah annexed small but independent kingdoms, “22 and 24 principalities,” of different indigenous peoples either through defeat in war or through mutual agreement of autonomy within the centralized State. After the defeat of Kirtipur in the Kathmandu Valley, King Prithvinaryan Shah ordered to chop off nose tips and ear of the peoples of Kirtipur that weighed 18 dharnis, i.e. about 40 kilos. Thus, one can imagine the extent of brutal physical violence and humiliation to minorities and indigenous peoples under the sword of Prithvinarayan Shah. The King accepted that Nepal is a country a garden of four Castes and thirty-six varna but his mission was to make Nepal a real India (“Asali Hindustan”). The main consequence of the territorial unification was that all indigenous peoples lost their independence and gradually lost their rights to land, water, forests, mines, rivers and pastures. Thus, indigenous peoples began to loose their language, religion, culture and indigenous knowledge system.

The fourth historical marker is the Muluki Ain (National Code of Nepal) of 1854 implemented by Junga Bahadur Rana, the founder Prime Minister of 104-years of autocratic Rana rule. The National Code, the first ever codified law applicable in all parts of Nepal, restructured Caste and ethnic groups and divided them into fourfold social hierarchy. The Tagadhari (sacred thread wearing or twice- born) caste was at the top, followed by the Matawali (“alcohol drinking castes”). They were sub-divided into namasine (“unslavable”) and masine (“slavable’) groups. Although, indigenous peoples never belonged to Hindu social hierarchy but the Rana ruler legally included them in the second in the hierarchy as “alcohol drinking caste. Pani nachalne chhoee chhito halnu naparne (impure but touchable castes”) were third and pani nachalne chhoee chhito halnu paine (‘impure and untouchable castes”) belonged to the bottom of the social hierarchy. The whole National Code, including the punishments was based on caste discrimination. Thus during the 104-years of Rana rule, indigenous peoples of Nepal were Hinduized and Sanskritized. As its consequences, many indigenous peoples began to loose their language, religion and culture. The most devastating events in this period was confiscation of traditional Kipat land tenure and re-distribution of land to state elites, i.e. Bahun, Chhetri, Rana and Thakuri, through Birta and Jagir land tenures and exploitation of indigenous peoples and Dalits through forced free labour such as jahra, rakam, beth and begar(Regmi 1999). The Rana rulers prevented Tamangs, one of the indigenous peoples of Nepal, from joining British-India-Army and any government jobs in Nepal, except as Pipa (‘porter’) in Pipa Goswara office in Singha Durbar in Kathmandu.

During the Partyless Panchayat rule from 1960-90 under the direct and active rule of King Mahendra and King Birendra, the rulers launched a campaign of One King, One Country; One Language, One Dress. The project of melting pot was intensified in a country characterized by salad bowl of caste, ethnicity, language, religion, culture and region. Any organized effort to preserve and promote indigenous peoples language, religion and culture was charged as “anti-King,”, “anti-constitution”, “anti-national,” and “communal.” Also, caste- based untouchability was abolished in the revised National Code of 1963 but due to lack of necessary laws, its practice continues unabated.

The Peoples Movement of 1990, following the pro-democracy wave in the Soviet Union, eastern-European countries, and other parts of the world, jointly organized by the Nepali Congress Party and United Left Front, including Nepal Communist Party (Marxist-Leninist), demolished the autocratic party less Panchayat political system and restored democracy in Nepal. It raised a lot of hope and expectation to reduce socio-cultural and political inequalities. The hope remained unfulfilled.

The Constitution of the Kingdom of Nepal, 1990

The Constitution of the Kingdom of Nepal promulgated in 1990 was modeled after the West-Minister style of parliamentary form of government, which is highly centralized and exclusionary. Indeed, winner takes all in such a system. Given socio-cultural diversity of the Nepalese society and culture, the Constitution discriminates and excludes minorities in many ways (see definition and identification of minorities in a separate section). The Consultative workshop organized by Nepal Federation of Nationalities (NEFEN) with support from Minority Rights Group International (MRG), has identified 26 provisions in the Constitution and 49 legal Acts that discriminates against indigenous peoples (NEFEN 1999). There are many such provisions that discriminate against other minorities. Also, caste-based untouchability has been made illegal but lack of laws has made it meaningless in practices (Bhattachan 2001; Dahal et al.

2002).

There was a strong demand for secularism not only by the non-Hindus but also by the Hindu Dalits’ who have been forced to face caste-based untouchability by their “upper caste” Hindu counterparts. In spite of the fact that Nepal is a multi-religious country and a historical fact that about 150,000 people demonstrated in the streets of Kathmandu, which was the largest gathering ever in the history of Nepal, demanding for secularism, the Constitution of the Kingdom of Nepal, 1990 declared Nepal as a Hindu State, prohibited to form any political parties on the basis of religion. ‘The Article (4) of the Constitution stated, Nepal is a multiethnic, multilingual, democratic, independent, indivisible, sovereign, Hindu and Constitutional Monarchical Kingdom. Another most discriminatory provision was the distinction between nations language and “national languages”. The Constitution declared Nepali language as the only official language. Many indigenous peoples of Nepal have a culture of eating beef (“cow meat”). The National Code of Nepal (Muluki Am) prohibits killing of cow and the offender gets life sentence. Instead of declaring national animal with full cultural sensitivity, Article 7 (2) of the Constitution declared cow, which is sacred for the Hindus only, as the national animal. Therefore, indigenous peoples were prohibited to slaughter cow and eat its meat.

A study conducted by the Forum for Women, Law and Development (FWLD) in 2000 stated, ‘there are 118 Clauses/Section/Rules, two Rules in their entirety, and 67 Schedules/Annexes/Forms in 54 different laws including the Constitution which have discriminatory provisions’ (Pradhan-Malla et al. 2000:VI). The Constitution and laws discriminate women in every field including citizenship, property, education, employment, health, marriage & family, legal & court proceedings (Pradhan-Malla 2000:13).

(Text Courtesy: Minorities and Indigenous Peoples of Nepal)

Comments (12)

In the Vishnu Purana that the “chatur-varna” or four class social system was absent in Kirat Desh or land of Kirat in the East and the Yavanas(Greek) and Kambojas(Iranian), etc. in the West. Even after the unification of Nepal the Kirat people still maintain the practice of casteless society. After the annexation of their land with Nepal, the migration of other group into their region slowly influence their activities. The excerpt from one of the scholars work describes how the Kirat people who has no tradition of any varna(class) was almost brought into this system by the ruling group in Nepal through several means. "The eastern hills, which largely comprise the Kirat area, were not hierarchized because the Bahuns did not arrive in the area until much later than their apperance in the Kathmandu Valley and the regions to the west. They began to trickle through only after the reunification of the Kirat region with the rest of Nepal. Among the Kirats of the eastern hills most influenced by the caste system because of their proximity to Kathmandu are the Sunuwars of Tamakosi valley. The Limbus are the least affected by the caste system because of their geographical distance. The persistent strategy of the Bahuns was to attach themselves to the local aristocracy whom they wooed with concocted genealogies. But an aristocracy is not a characterisctic of the social organization in the Kirati groups in the east, which were tribal egalitarian groups, so that the Bahun were less capabale to establish any kinds of footing in Kirati society. Through the caste system does not have any official recognition at the State level, there are quite a few people at higher levels who see benefits in maintaining the structure. In an attempt to revitalize the caste system they have been trying to use the priviledge position of the King to have the caste legitimated in an indirect way. In the coronation ceremony of his Majesty, King Birendra, in 1975, pro-caste elements contrived to have the King annointed by Bahun, Chettri, Vaishya and Shudra. For this purpose a Limbu was nominated as a Shudra, and a Shrestha as a Vaishya. This gave cause for alienation to a larger section of Shrestha and Limbu population who were insulted to be placed in a low status roles. It was a political mistake, for it may have flattered the egoes of a few orthodox pundits trying to impose caste attitudes but it did not convince the majority of the Newars and the ethnic communitities of their respectable place in Nepali society. Subsequently, some priests initiated four boys of another Kirat group, the Rais into Chettri status is in total contradiction with the earlier act of treating Limbu, another Kirat group, as Shudra. These are some typical examples of expedient behavior by the ruling class to divide the Kirat group and bringing them into caste system." ~Fatalism and Development: Nepal's struggle for modernization By Dor Bahadur Bista

Commented by Nepal - July 11, 2009 @ 11:26 AM

Confessing is not a crime. This is one way Nepalese should come and learn the history of Nepal though how ugly it seems to be.The former ruling, elite class of Nepal should come to the public and apologize to all the indigenous people of Nepal. This is a civilize way if we want Nepal to move forward.

Commented by Gurkha - May 13, 2009 @ 2:33 PM

i wonder if the author, who also happens to be a Dr. in whateever, can write things about muslim countries. instead of digging deeper and amending hindu culture, the Dr. wants to eradicate hinduism on the basis of few misunderstood traditions. please forigve this Dr. for his ignorance, bhagwan krishna. please read bhagwat geeta now before a western guy encourages you to read or CNN tells you to do it.

Commented by sunil - February 24, 2009 @ 6:27 PM

According to some empirical reports, lots of people in north eastern Asam have changed their religion for a glass of sweet tea. Similarly lots of down trodden people living in most slum areas in Nepal are no longer Hindu or Budhists or Muslim but they have converted themselves in Christianity on the basis of equality; which is something a sticking point in Hinduism where untouchable Hindu are not allowed to go into the temple and offer their PUJA. Look at the logic of the HINDU that discriminates people of the same faith observers. I do not think any god would love to see their followers being discriminated against. Instead of attracting to Hinduism, the Hinduism is rather repelling, or driving or preventing them to observing their god. This is very absurd and nonsensical and illogical. Unless of until such a discriminatory mentality is gotten rid of from Nepalese so called Bramanism, they will see nothing but speedy dwindling of their followers.

Commented by hb - February 22, 2009 @ 5:13 AM

Mr. Bhattachan has actually hit the nail on the head. Whatever he wrote is nothing but true; nothing but the reality and reality bites bites harder. I know this becomes very undigestable for those people without humanity and wisdom. But in the long run, nothing can stop the reality. Nepal is a multi ethnic, multi lingual and multi cultural society and most importantly multi faith scociety. there is no question about it based on the ground reality and this is the beauty and asset of Nepali. How can Nepal be Hindu state or Budhist state or Christian state or Muslim state when diversities prevail. To declare Nepal Hindu country meant to slap a face of other faith observers; similarly to declare Nepal a Christian country (which are growing at neck breaking speed) meant not to respect Hindu, Budhist faith observers. Nepal will continue to be in political turmoil until or unless this discriminatory, centralised and exclusive policy is properly addressed. What Nepali patriot should understand is that Nepali regardless of whatever faith he or she belongs should take precedence over anything. Surely, when Nepal sovereignity is being attacked, Hindu living in India will not come and fight for Nepal rather Muslim Nepali or Christian Nepali would fight for the defense of this country. Faith is something that can change overnight for several reasons, but nationality is something that won't change so easily.

Commented by hb - February 21, 2009 @ 3:12 PM

Bhattachan ji!! Ingo ko note paunu bhaeko chhaa ani manche bhadkaune kam garnu bhaeko chaa.tapai ko thakali samaj le sibaya paisa kamaune kam bahek ke chahi gareko chha ta!!! tapai le kun morcha ma ke chahi garnu bhaeko chha ta!!! ke garne tapai haru jasto fataha haru le garda Nepal jahile pani banda ra daldal ko sthiti ma pugisakyo. Jatiya sadvab rakhera Nepal agadi badauna parne ma jhan bhadkaune kam bahek tapaiharu jasto 'intellectual prostitute' bata kehi hundaina.Dherai Fatahai nagarnus. Kati Kumlyauny bhaeko chha janjati ko nam ma tyo bhansus ta!!!

Commented by samarjit thapa - February 20, 2009 @ 3:49 AM

the reality of nepal,i always enjoy reading dr.bhattachan articles,this reality should knows by all our brother n sisters in nepal n out side of nepal n have to fight for our right...we lost our every things,land,religion,language,culture n tradition even our identity,our names are given by hindu...i always hate this n hope to change my name one day,my name should be under my religion n language hope every one out there understand the reality n works accordingly.......

Commented by ritu gurung - February 19, 2009 @ 10:34 AM

my question to Mr. Bhattachan is what are you going to do now. They, whoever they were, what ever the motive were, they did the horrible act that human being can imagine " -in the context of modern world. But this historical wining can not solve the problem. You have to work hard so few YCL idiots are not closing our schools so our few like yourself can get educated to come out of this hole.

Commented by Manas - February 18, 2009 @ 4:23 PM

Somehow Dirgha Raj Prasai arguement is right. We should rasie littlebit more Hindu and Buddhist identity. It will be good. We also respect to all religions and religious things. We should concentrate how to improve the situation of people and develop of our country. It is not time to raise the unnecessary thing. If we would like to do good thing for people, it will be good to follow the existed thing. In this world there is no ratify the mechnism which is good and which is not. Different entellecuati persons have diffferent interest and motive. It is right of people. Come what may we should think carefully and do not heart to any one if possible.

Commented by Janardan Karki - February 18, 2009 @ 10:38 AM

Fine, Mr. Prasai. How about this? How about we have a Hindu kingdom where the caste hierarchy is reversed? As in let's have a country where the Dalits are deemed the highest caste and your caste the lowest. Would that form of Hinduism be fine with you?

Commented by Rishi - February 18, 2009 @ 8:33 AM

Dear editor, I read this very baised article written by K.B. Bhattanchan. Actually, who can understand the Nepalese idendity they never oppose the Hindu & Buddha Kingdom. Among all religions of the world Hindu religion is considered as the most liberal. The declaration of Nepal as a Hindu Kingdom does not signify just its religion rather it is taken as the source of Nepalese nationalism and an inseparable part of Nepal. So, the party leaders made a grave mistake by declaring Nepal as a secular state. If instead of declaring Nepal as solely a Hindu country, it would have made sense if it were declared both Hindu and Buddhist country. But it is a matter of serious concern for whose interest Nepal was declared a secular state. Nepal is a small country and on the south there is a big country with open border. There are about 800 million Hindus and Indian Hindus respect Nepal as a Hindu kingdom.This should be taken as a matter of pride for us. For security reasons also, Nepal has a big advantage by being a Hindu country. If the Christians and Muslims like sovereign Nepal they also must support the Hindu & Buddha Kingdom. Hindu & Buddha nation is the identity of Nepal. So, If we want sovereign Nepal there must be reinstate the Monarchy & Hindu Kingdom. The secular state is the demand of antinationalists who don't want the strong & united Nepal. So, I request to Mr. K.B. Bhattachan to support the Hindu Kingdom. Mr. Krishna jee ! your name is krishna and why you are abolishing your faith. So, never forget, Pashupatinath, Soyambhunath,Muktinath. Thank you. Dirgha Raj Prasai

Commented by Dirgha Raj Prasai - February 17, 2009 @ 10:35 PM

Thanks for your kind words and do not tire for figt. People have taken hope on you.

Commented by Maheshwar chaudhary - February 17, 2009 @ 9:58 PM

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