UNTOUCHABILITY AND

UNTOUCHABLE DURING
MENSURATION PERIOD
Radhika Budha
Roll no: 69 (section B)
 UNTOUCHABILITY
 Untouchability means segregation of group of people from main stream. It is the differentiation
of a person on the basis of caste and color. It is a very big social problem and social evil.
 The practice of ‘untouchability’ is a stigma attached to the Hindu society. Untouchability is
practice in which some lower caste people are kept at a distance and denied of social equality,
their touch is considered to be polluting or contaminating the higher caste people.
 The practices of caste-based discrimination and untouchability entail segregation between Dalits
and other communities, as well as among Dalits themselves. According to traditional beliefs,
Dalits are considered to be “impure” and are stigmatised as “untouchable” to other castes.
 The member of boycotted group are known as untouchable and Dalits. Its result is hatred among
peoples and in loss of dignity of a particular community. It restricts the social, economic and
educational growth of the discriminated community. Therefore our Constitution bans
untouchability. It is the crime against human. These communities are found in India (201
million), Nepal (3.6 million), Pakistan (0.33 million), Bangladesh (5.5 million) and parts of Sri
Lanka (4.5 million) as well. (https://samatafoundation.org/who-are-dalits/ )
 Practices of caste-based discrimination and untouchability are illegal in Nepal. However, in
many parts of the country, Dalits - the so-called lowest caste within the Hindu caste hierarchy -
are still considered to be and treated as “untouchable”, unable to enjoy the same rights and
freedoms as other groups in society. Despite the illegality of such practices, cultural barriers,
structural poverty and inadequate action by state authorities prevent victims from accessing
justice.
HISTORY
•Itis not possible to say with certainly when the untouchability
started. According to Scholars, the system started in Indian
subcontinent about thirty five hundreds years ago.
•The practice of untouchability originally started in indian land
and developed and entered in Nepal in different time periods.
•Scholar and analyst Ahuti says ‘oppression against women is
the first among community oppression in the world. The
second community oppression in South Asia is on Dalits.
•First
of all Manusmriti explained Brahman as upper caste and
Shudra as lower caste. Manusmriti created a history of
Discrimination.
•Similarly the Rigved, one of the most sacred Hindu Scripture
states that the four-fold caste system originated from Brahma,
the god of creator. It is said that
-Brahmin originated from the mouth of Brahma,
- kshatriya originated from the arms, and

-Vaisya and Sudra originated from the thigh and feet

respectively
 Brahmins (priests and teachers) were placed at the highest positions whereas Sudras
(servants, labourers) were placed at the lowest.
 Lichhavis, migrated to Nepal from north India, introduced the caste system into
Nepal as a part of their cultural heritage. After this all rulers who rule Nepal follows
the same practice of untouchability.
 Although the effect of untouchability has been in Nepal since long time, the Muluki
Ain, 1910 legitimized it. It Divided Nepalese societies into fourfold caste system:
 (i) Tagadhari,
 (ii) Matwali,
 (iii)Pani nachalne choichhito halnu naparne,
 (iv) Pani nachalne choi-chhito halnu parne
 Untouchability was legally rejected in the Interim Government Constitution of 2007
that ‘all shall be equal in the eyes of law and no discrimination shall be made against
anyone on the basis of religion and caste.
 In all subsequent constitution and laws made thereafter made the provision that no
one can be discriminated on the basis of caste or untouchability.
Dalit resistance movement (दलित प्रतिरोधी आन्दोलन)
1. The 2003 Baglung movement was the beginning of organized resistance against
untouchability. The movement was led by Bhagat Sarvajit Vishwakarma. At that
time ,an Organization named Vishwa Sarvajan Sangh was opened under his leadership.
At the beginning they demanded that Vishwakarma is like Kshatriya so they also have
the right to wear janai. Later they established a separate school for Dalits saying that
dalits should also be able to study.
2. In 2004 Tailor union was established under the leadership of Saharshanath Kapali to
protest against untouchabiity and caste discrimination.
3. Pashupatinath entry struggle in 2010 led by Sharshanath kapali, recorded as an
important milestone in the Dalit liberation movement.
4. Formation of नेपाल राष्ट्रिय दलित जनविकाश in 2024 B.S
5. Doti, Shaileshwori temple entry struggle (Around 2050 B.S)
6. माडी कोटी होम आन्दोलन
7. Syngja’s Milk Scandle
8. पानि उघाऊ संघर्ष, सिन्धुपाल्चोक (2049 B.S)
9. सिनो बहिस्कार आन्दोलन which arose from Kanakpur in Saptari in 2056.
Chamar caste people (Dalit of Siraha Saptari protest against the compulsion to throw
Sino of non-dalits houses by them and this protest was become successful.
 INITIATIVES TAKEN BY THE STATE AGAINST UNTOUCHABILITY
 Exactly 16 years ago, on June 4, 2006 Nepal was declared an untouchability and
discrimination free country.
A. The Caste-Based Discrimination and Untouchability [Offence and
Punishment] Act, 2068 (2011) (Amended in 2018)
 It  criminalizes caste-based discrimination and  prohibits any discrimination on the basis of
caste in any public or private sphere.
 Section 2A (1) of the Act says each person shall have the right against untouchability and
discrimination while Section 3 prohibits untouchability and discrimination. Section 3(1) says
no one shall commit, or cause to commit untouchability and discrimination.
B. Constitution of Nepal, 2072
Art. 16. Right to live with dignity
Art. 18. Right to equality
Article 24 (1) states that no person shall be subjected to any form of untouchability or
discrimination in any private and public places on grounds of his or her origin, caste, tribe,
community, profession, occupation or physical condition.
-(5) of the Article states that any act of untouchability and discrimination in any form
committed in contravention of the constitutional provision shall be punishable by law as a
severe social offence, and the victim of such act shall have the right to obtain compensation
in accordance with law.
 CONTINUE..
 Article40 ensures economic, social and political rights of Dalits
 Art. 255. National Dalit Commission (Just like Dalits, the National Dalit Commission
also faces discrimination from the government,” said Devraj Bishwakarma, chairperson of the
commission. “We don’t have any legal officer or any investigating officer. We have assigned
office bearers to monitor cases of discrimination but they may not have legal knowledge.”)
https://kathmandupost.com/national/2022/06/04/the-caste-struggle-discrimination-rife-despite-law
s-in-place

 Art. 256. Functions, duties and powers of National Dalit Commission

C. Muluki Criminal (Code) Act, 2074

 Chapter 10 has provisioned about discrimination and inhuman behavior.

 Section 160 has mentioned about prohibition discriminatory behavior (in any
form) and has penal provision of imprisonment up-to three year or up-to thirty
thousand rupees or both.
 Section 161 has panelized to anti-discriminatory act on public services and
goods.
 Section 166 Prohibition of untouchability or discriminatory treatment on
ground of caste
 INT’L HUMAN RIGHTS FRAMEWORK
AGAINST UNTOUCHABILITY
 Convention on the Elimination of All Forms of Racial Discrimination, 1979
• Article 1: It defines the term "racial discrimination" shall mean any distinction, exclusion,
restriction or preference based on race, colour, descent, or national or ethnic origin which
has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise,
on an equal footing, of human rights and fundamental freedoms in the political, economic,
social, cultural or any other field of public life.
 Article 2; It talks about state obligations,
 Article 5: It talks about different rights

 Article 6: It talks about competent national tribunal

 Article 7 : It talks about immediate measures

 Article 8 : It talks about Committee- Committee on the Elimination of Racial

Discrimination consisting of eighteen experts of high moral standing and
acknowledged impartiality elected by States Parties.
• Similarly UDHR, ICCPR  (Article 26, principal clause on non-discrimination) and
ICESCR in one way or another explicitly concerned with equality, contains general and
specific non-discrimination clauses.
 PARTICIPATION OF DALIT COMMUNITY IN STATE POWER

 The participation of Dalit community in the state power started

from the Panchayat period. After the politcal change of 2046,
the number of Dalits who became ministers and MPs increased.
 After People’s Movement of 2062/63 there was significant
increase in number of Dalit participation in state power.
 After the constitution of 2072, with the implementation of
Federalism, the participation of Dalit Community in Nepal has
increased comparatively.
 Even though the Dalit Community has representation in three
tiers of government, it has not been able to do so on the basis of
their population.
 स्थानीय निर्वाचन २०७९ मा दलित प्रतिनिधित्व 
 स्रोतः निर्वाचन, आयोग स्थानीय तह निर्वाचन, २०७९।
पद प्रदेश न १ मधेश प्रदेश बागमती गण्डकी लुम्बिनी कर्णाली सुदुरपश्चिम जम्मा
प्रदेश

प्रमुख ० १ ० १ ० १ ० ३
उपप्रमुख ० १ १ २ १ २ १ ८

अध्यक्ष १ ० ० २ २ १ १ ७
उपाध्यक्ष ० १ १ २ २ ० १ ७

वडाध्यक्ष ५ २३ ७ १८ २६ ४२ २७ १४८

सदस्य ५० २३२ ३४ ९९ १३४ १९१ १३८ ८७८

दलित महिला ११५१ १२६५ १०८४ ७३२ ९८२ ६८१ ६१४ ६६०९
सदस्य

प्रतिनिधित्व ७ ६ ३७ २७ ० ३७ १० १२४
नभयको

जम्मा १२१४ १५२९ ११६४ ८८३ ११४७ ९५५ ८९२ ७७८४

CASTE-BASED DISCRIMINATION AND UNTOUCHABILITY
DURING THE RELIEF DISTRIBUTION PROCESS OF COVID-19

 The research report of Samata Foundation (Impact of COVID-

19 on Dalit Community of Nepal) shows that the respondents of
Province 2 suffered the most from caste-based discrimination.
The study shows that 48.7 % of the total respondents in the
province reported caste-based discrimination.
 Similarly, 26.3 % of respondents in the Sudurpaschim Province
and
 5.4 % of the respondents in Lumbini Province reported caste-
based discrimination.
 11.7 % Karnali Province

 9% Gandaki Province

 14% Bagmati Province

 6.6% Province 1
 INCIDENTS OF HUMAN RIGHT VIOLATIONS ON THE
GROUND OF UNTOUCHABILITY
 A survey by Samata Foundation, an organisation advocating for the rights of the Dalit
community, shows that out of 78 cases of caste-based discrimination reported in the fiscal
year 2019-20, only 40 were reported to the police and the number of reported cases in the
previous year was half of that.
 According to the yearly report of the National Human Rights Commission published in 2021,
9 cases related to untouchability were registered.
 There have been 106 incidents against Dalits from 2076 may to 2077 June. Out of which there
are 31 cases of caste discrimination and untouchability. (Accroding to the data of Samata
Foundation)
 Murder of Ajit mijar , intercaste marriage (2073)
 Mana Sarki of Kalikot beaten and killed by saying untouchable (2075)
 Angira Pasi from Rupandehi was raped and murdered. (2077)
 Murder of Nabraj bika and 5 others (2077)
 Rupa Sunar (2078)
 The list goes on - the victims are Resham Rashaili, Rupamati Kumari Das, Mana Sarki,
Shreshya Sunar, Ajit Mijar and Laxmi Pariyar, Rajesh Nepali, Sangita Pariyar, Jhuma BK,
Sete Damai, Shiva Shankar Das, Manbire Sunar…
CASE LAWS
 Maan bahadur biswakarma vs. HMG DN. 4670
Court dismissed the discriminatary clause in Adal Mahal 10
of Muluki Ain 2020, which mentioned, traditions that
have been going on since time immemorial will not be
considered untouchable.
 Bimal biswakarma vs. GON, Prime Minster and Council
of Minister D.N 7895
The court ordered to raise the public awareness against
practice of untouchability to GON, Government agencies,
local bodies, civil society, associations and conscious
citizens as it is only possible through collective efforts.
 Shyamkumar biswakarma vs. PM and others. DN. 9639
 UNTOUCHABLE DURING MENSURATION
 Chhaupadi (“chhau” (untouchable or unclean), and “padi” (being or becoming)), a form
of menstrual exile practiced in Nepal, is a Hindu tradition where women and girls sleep
in small huts (chhaugoth) or animal sheds during menstruation. The chhaugoth is often
unhygienic, exposed, unsafe and lacking basic necessities.
 It is a form of menstrual taboo which prohibits Hindu women and girls from
participating in normal family activities while menstruating, as they are considered
“impured.”
 This superstition arose from a myth that Indra God created menstruation as means to
distribute a curse.
 Deeply rooted in culture and religion, these restrictions stem from an impurity
sentiment that originates from the Hindu religion. Menstrual restrictions include being
prevented from: touching other people and certain objects; entering the kitchen;
entering holy spaces; attending religious functions; using communal water taps; and
consuming dairy products.
 In this belief system, it is thought that if a menstruating woman touches a tree, it will
never again bear fruit, if she consumes milk, the cow will not give any more milk, if she
reads a book, the goddess of education, will become angry, if she touches a man, he will
be ill.
 The practice of menstrual restrictions, is seen as a violation of women’s human rights.
INITIATIONS AGAINST CHHAUPADI
PRACTICES
 Dil Bahadur B.K. vs. HMG Writ No.3303 of 2062, D.N 7531 the
Supreme Court outlawed Chhaupadi as malpractice and directed
the government to take necessary legal arrangements to eliminate
Chhaupadi.
 In 2008 (2064), the Ministry of Women, child and Social Welfare
promulgated guidelines to eradicate Chaupadi nationally through
promulgation of Chhaupadi Pratha Unmulan Nirdeshika, 2064.
 Nepal has committed to respond gender equality and address the
issue of gender based violence through signing the convention on
elimination of all forms of discrimination (CEDAW 1979)
in1979,
 Additionally, over the past two decades, the nation has carried
out substantial legal reforms to eliminate discrimination against
women in the country’s constitutional and legal frameworks.
 Additionally, the promulgation of Domestic Violence (Crime and
Punishment) Act, 2009, Amendment of Some Nepali Acts to maintain
Gender Equality and gender based violence in 2014 are some key policy
provisions to address the issue of gender inequality and address gender
based violence;
 The Constitution of Nepal, 2015, has prohibited discrimination on the
basis of gender, recognized reproductive health and rights as fundamental
rights and banned all forms of violence against women. (Article 38)
 The Nepalese government launched its National Sanitary Pad
(Distribution and Management) Procedure at the beginning of 2020 in
order to minimize student absenteeism and create a conducive learning
environment for girls. (government has allocated 1.82 billion rupees in
2020 for the purchase and distribution of free sanitary pads to the
approximately 29,000 government aided schools in Nepal.)
DISCRIMINATORY PRACTICES DURING MENSTRUATION PERIOD

Not only in rural areas many households in urban areas, including

Kathmandu, prohibit menstruating women from entering kitchens or
temples, eating with the family, or sleeping in their own beds, perpetuating
their social ostracization. Nationally representative survey data reveal that:
 Restrictions faced by women ages 15-19 in Nepal;

1. STAY IN CHHAUPADI (2.9%)

2. STAY IN ANIMAL SHED (2.7%)
3. EAT DIFFERENT FOOD (2.8%)
4. ABSENT FROM SCHOOL OR WORK (2.3%)
5. STAY IN DIFFERENT ROOM OF THE HOME (25%)
6. BATHE IN SEPARATE PLACE (8.8%)
7. AVOID SOCIAL GATHERINGS (57.6%)
(Source: Central Bureau of Statistics 2015)
WHAT ARE THE REASONS FOR
OBSERVING SUCH RESTRICTIONS ?
 Conformity to traditional beliefs
 Avoiding possible calamities and misfortune to the
family and/or community
 Not to anger deities (religion)

 Local traditional healer (dhami/jhakri) will get sick if the

practice is not upheld
 Social Pressure

 Maintaining bodily hygiene

CONSEQUENCES OF UNHEALTHY
MENSTRUATION PRACTICES
 Pose serious health risks, like reproductive and urinary
tract infections which can result in future infertility and
birth complications.
 Rape and animal attack

 shaming, bullying, and even gender-based violence

 negatively impacting their education, health, safety, and

human development. 
 Physical and mental disturbance

 hinder inclusive governance and political participation,

economic development, education, agricultural
development
WHO HAS THE DECISIVE ROLE IN
ENFORCING CHHAUPADI?
 The senior members of the core family (men and
women)
 Relatives and neighbors in the community

 Mother , Mother in Law

 Self-initiated

 Local religious practitioners

CONCLUSION
 law prohibiting chhaupadi has a strong loophole in that
‘it only prohibits persons from forcing a woman to
follow the custom and does not prohibit women from
following the practice voluntarily’ .
 Menstruation is a normal and healthy part of life for all
women and girls, but in many societies, the experience
of menstruators continues to be constrained by cultural
taboos and discriminatory social norms