Caste system in Nepal

The Nepali civil code Muluki Ain was commissioned by Jung Bahadur Rana after his European tour and enacted in 1854. It was rooted in traditional Hindu Law and codified social practices for several centuries in Nepal.[3] The law also comprised Prāyaścitta (avoidance and removal of sin) and Ācāra (the customary law of different castes and communities).

It was an attempt to include the entire Hindu as well as non-Hindu population of Nepal of that time into a single hierarchic civic code from the perspective of the Khas rulers. Terai and Newar Brahmins and Kshatriyas were officially placed below their Khas equivalents. Similarly, serious limitations and oversights of this code include the complete exclusion of the large middle-ranking Terai groups. Most notable contradiction is the inclusion of previously non-Hindu tribes "Adivasi Janajati" groups, as well as non-Nepalis including Muslims and Europeans into the hierarchical fold.[4][5]

Hierarchies of Major Caste/Ethnic Groups in Nepal according to Muluki Ain:[6][7]

The social values preached by the Muluki Ain, however, were providing restrictive, anachronic and out of step with the spirit of times. These values were seen as a potent instrument of Rana political repression. After the Rana regime, caste rules relating to food, drink and intercaste marriage were openly louted but the Muluki Ain had not been abrogated. In 1963, Legal Code was replaced by New 1964 Legal Code. The legal recognition to caste and all the discriminatory laws made on the grounds of caste were ceased.

The caste system is still intact today but the rules are not as rigid as they were in the past. In 1962, a law was passed making it illegal to discriminate against other castes led all castes to be equally treated by the law. Education is free and open to all castes.

The caste system conjoints a structural class divide which persists, in which lower castes/ethnicities are generally socio-economically are not equal like those of higher castes/ethnicities. Recent research has also shown that when it comes to Nepali people's impressions of social change, "Poverty, Human Resources and Region" explain more of the variation than "Ethnicity, Caste or Religious belonging" – i.e. people's perception of their own social situation has more to do with geography and objective social class, than with their association with the groups that the state has based its internal social policy on.[8]

Participation of Khas-Brahmins in Civil Service is 41.3% in spite of its population size of less than 29.98%. The population of Newars is around 5%, but its occupancy in Civil Service is more than one-thirds (33.2%), the population of Khas-Chhetris constitutes 17.6% but its participation is mere 14.7%. If these major three castes (Khas Brahmin & Chhetris, and Newars) combine together their shares in the Government of Nepal, civil service employment is 89.2% in 1991. Their dominance is reflected in education, administration and economical activities of the nation. Among those 73.8% in higher education belong to higher castes, 22.0% Janajatis and 2.9% Dalit.[9]

They have become major decision makers in the bureaucracy of Nepal has become crystal clear. In terms of earning/income generation, Newars have the highest per capita income of Rs. 38,193. Khas upper castes come next with an average income of Rs. 24,399, Adivasi Janajatis ranks third with an average income of Rs. 15,630, Dalit Rs. 12,114 and Muslim ranks the lowest, Rs.11,014'[10] The democratic transitions also failed to be inclusive management and functioning governance mainly because government was unable to understand and articulate the spirit of all Nepalese people irrespective of their caste, gender, ethnicity, and religion.

In this process the left outs were oppressed class (Dalits), women, the poorest of the poor, powerless and the second class citizen and indigenous nationalities (Adivasi Janajatis). In Nepal, high castes dominate 91.2% among the prominent position in politics and bureaucracy. The Dalits who constitute 12.8 percent of the total population of the country have no representation in the higher echelons of power' (Gurung, H. 2006). Similarly, the Janajati has 36.0% of the total population of the country, has representation of 7.1%.[11] In terms of education, 88.0% of Khas Brahmins & Chhetris, and Newars have access to school, 12.0% have never been to school. More than fifty (52.0%) of Hill Dalits, 47.0% of the Tarai Dalits, 48.0% of the Muslims and 30 percent of the Hill Adivasi Janajatis have never been to school.(Census, 2001)

In recent times, following the overthrow of the Nepali monarchy and move towards a federal republic, ethnicity and caste have taken center stage – the indigenous peoples (Adivasi Janajati) who make up a third of the country having been guaranteed rights that have not yet been fulfilled. There is an observable reaction to this among certain Khas Brahmin and Chhetri groups, seeking to prevent group-based rights from becoming an important factor in the country that earlier had a political system associated with group-based discrimination. Certain outside analysts have suggested that "seeking a balance in approach requires addressing both specific indigenous historical injustices while creating a common citizenship for all marginalised citizens regardless of identity, which remains a particularly challenging issue for Nepal".[12]

• Gender inequality in Nepal
• Ethnic groups in Nepal
• Newar caste system
• Caste system in India

• Caste discrimination. South Asian Human Rights Documentation Center
• Nancy E. Levine. Caste, State, and Ethnic Boundaries in Nepal. The Journal of Asian Studies, Vol. 46, No. 1 (Feb., 1987), pp. 71–88 doi:10.2307/2056667
• Nepal: Towards a Democratic Republic: Caste, Ethnicity and Inequality in Nepal. Economic and Political Weekly

• The complete reference to Brahmins: Material from this site has been borrowed for this article with the permission of Dr. Vepachedu
• Interview with Ian Martin: Caste-Based Discrimination in Nepal (23-10-2006)
• Nepal: UN Welcomes New Law on Caste. Nepal Awaz