NEPAL: The Dalit community in Saptari district was attacked due to an inter-caste marriage and the couple was kidnapped

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the young couple named Manoj Khanga and Parbati Raut, who had an inter-caste marriage, has been kidnapped by the girl’s relatives on 27 January 2004, and the Dalit community (80 people) of Bishanpur VDC-9, which the male victim belongs to, was attacked by 200 upper caste people and forced to leave the village on 30 January 2004. All the property of 12 Dalit families was destroyed and robbed by upper caste people and they are now living under a miserable situation in Rajbiraj, the district headquarters. 

Your urgent action is required to request local authorities to investigate, prosecute and punish the perpetrators by law. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
——————————————————

DETAILED INFORMATION:

Name of the victims: Manoj Khanga (21 years old), Parbati Raut and 12 Dalit families in Saptari district
Address of the victim: Bishanpur-9, Sanjitpur tole of Saptari District, Nepal 
Name of the alleged perpetrators: Asharphi Raut, Pitambar Yadav-the lecturer of the Mahendra Multiple Campus in Saptari, Bholi Ram Sahu-former VDC 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, Sushila Shah, and 200 other people with them
Date of the incident: 30 January 2004

Case details: 

The young couple, who had an inter-caste marriage, has been kidnapped by the girl’s relatives and the Dalit community, which the male victim belongs to, was attacked by 200 upper caste people and forced to leave the village.

On 31 December 2003, Manoj Khanga, who is the son of Jagadish Khanga and belongs to the Dalit community of Bishanpur VDC-9, Sanjitpur of Saptari district, married Parbati Raut, who is a daughter of Asharphi Raut and belongs to the upper caste community from the same place, out of their own free will. As soon as the couple got married, the girl’s family lodged a complaint to the Rajbiraj Police Station claiming the marriage was illegal. Accordingly, the police arrested Manoj Khanga and Parbati Raut but released them on 23 January 2004.

On 27 January 2004, Manoj Khanga and Parbati Raut came to Manoj Khanga’s parents’ house. On the same night, the girl’s guardians (relatives and village members) came to the couple’s house and kidnapped the sleeping husband and wife. They threatened Manoj Khanga saying that they would kill him in front of his family members. The whereabouts of the abducted couple is still unknown. The girl’s guardians also warned the Dalit families in the village to leave the area. 

As the Dalit families did not leave, on the night of 30 January 2004, Mr. Asharphi Raut, the father of Parbati Raut, and 14 other relatives and neighbors along with 200 upper caste people attacked the 12 Dalit families (about 80 people) of Bishanpur VDC-9. They were beaten severely, their belongings were destroyed, their cash, valuables as well as cattle worth around Rs. 15 million were all looted. They were finally driven out of the village. During the attack, Mr. Satyadev Khanga, Manoj Khanga’s uncle, has lost his finger and another uncle Mr. Jagadev Khanga has been locked up in a toilet for five days by Mr. Pitamber Yadav, upper caste villager.

According to one victim Bhudi Devi Khang (86 years old), the Dalit families including children and elderly, who lost all their property, are leading a miserable life in Rajbiraj, the district headquarters until now. Four Dalit families tried to return home but were chased away by the upper caste people.

Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination, which Nepal is a state party, states, “In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law.” 

AHRC strongly urges the government of Nepal to investigate and punish the perpetrators with due diligence. 

BACKGROUND INFORMATION:

UNTOUCHABILITY rooted in the caste-based discrimination, which has taken place in South Asia for generations, stipulates unequal social status based on birth. Like other South Asian countries, Nepalese society has been divided into two parts–touchables and untouchables, so-called lower caste and so-called upper castes. 

The system of ‘hidden apartheid’ based on caste practices of distinction, exclusion and restrictions has denied the rights of Dalits’ economic, social, political, cultural and religious rights. The Dalits have been exposed to all forms of violence in the society. For example, they are segregated from other case community of housing, denied to access public drinking water, not allowed to go to restaurants and places of worship, and restricted on marriage with other caste. 

If Dalits attempt to take any action or even show any single sign to assert their rights, they have to face 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 perpetrators have committed such brutal crimes against Dalits with impunity and connivance by the society and the State. Dalits issues are totally untold as well as unheard of at all.

In fact, the caste system was officially abolished in 1963 in Nepal. The Nepalese government endorsed and ratified the UN Convention on the Elimination of All Forms of Racial Discrimination on 30 January 1971. In addition, the 1990 Nepalese Constitution rejects caste-ism and untouchability, and makes their practice an offence punishable by law. However, the Nepalese government has failed to implement these laws to protect the rights of Dalits. On the contrary, the state and law enforcement officers like police have frequently broken the law themselves. 

SUGGESTED ACTION:
Please send a letter, fax, or email to the addresses below and express your concern about this serious case.

1. Hon. Surya Bahadur Thapa 
Prime Minister 
Office of the Prime Minister 
Singha Durbar, Kathmandu, 
NEPAL 
Tel: +977 1 228555 or 227955 
Fax: +977 1 4 227 765 / +977 1 227286 
Email: hmg@es.wlink.com.np

2. Mr. Padam Singh Bishwokarma 
Chair Person 
National Dalit Commission 
Thapathali, Kathmandu, P.O. Box No.: 13758 
NEPAL 
Tel: +977-1-4245 325, 4245 919
Fax: +977-1-4229236 
Email: ndc@mos.com.np

3. Mr. Nain Bahadur Khatri 
Chairman 
National Human Rights Commission 
Pulchowck, Lalitpur, P.O. Box No.: 9182 
NEPAL
Tel: +977 1 5 522 709, 5547976 
Fax: +977 1 5 547 973 
Email: nhrc@ntc.net.np

4. 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

5. Mr. Ananda Raj Pokhrel 
Chief District Officer 
District Administrative Office 
Rajbiraj, Saptari, Sagarmatha 
NEPAL 
Tel/Fax: +977 31 520 624

6. 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: +4122 7332722
E-mail: mission.nepal@ties.itu.int

7. Mr. Doudou Diene
Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance
Room 4-041
Office of the United Nations High Commissioner for Human Rights
Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: 41 22 9179271 
Fax: 41 22 9179050