Tag: Article 24

A symbolic movement for social justice and inclusion

Months before the promulgation of the Constitution on Ashwin 3, 2072 (September 20, 2015) debates on social justice, inclusion, and reservation had pervaded the Constituent Assembly and the streets. At Tri-Chandra Multiple Campus, where I was doing my bachelor’s at that time, there would be heated debates between friends. Some were favour of the policies, some against, and still some demanding a nuanced and balanced approach. Although the policies are etched in the Constitution through the Preamble, Fundamental Rights, and State Policy, the following questions are still relevant:

1. Is social justice necessary in Nepal?

2. Has inclusion changed anything?

3. Can we afford the current model of reservation?

This article, a continuation of the Constitution Study series, gets into the constitutional promises, actual practice, and way forward in the matters of social justice, inclusion, and reservation.

In this post, you’ll read about…

1. Initiation in the Democratic Era (2007-2017)

Democracy is often thought of as an idea that automatically includes everyone in the state structure and governance. The truth is: it is not enough. Nepal’s democratic movements in 2007 B.S. (1951) barely scratched the Rana oligarchy and gave power to another group of elites.

2. Reversal in the Panchayat Era

The Panchayat era (2017-2046) stripped even the right to voting. It created a monolinguist, monocultural, and monoreligious nationalism in a country with diverse languages, cultures, and religions. On the surface, Nepal was united by a single language, culture, and religion, but underneath the seed of conflict was brewing.

3. Resurgence during Civil War

The Jana Aandolan of 2046 brought on the surface some issues related to women and Dalits, but it still could not accept the diversity as the national characteristic. While the Maoist movement did not begin with the issues of social justice and inclusion, it picked the idea to mobilize and motive more people into the war against the government. The narrative of historical injustice struck the chord of the marginalized, and they went wholeheartedly into the war.

4. Outcry during the Constituent Assembly Era

Issues of social justice, inclusion, and reservation found their way into the mainstream after the 2062/63 Jana Aandolan II. The Madhesh Aandolan of 2063 and 2064 aggressively demanded federalism and correction of historical injustices. Movements of Aadivasi Janajatis (indigenous groups), women, Dalits, and others before the promulgation of the Constitution institutionalized the issue.

5. Constitutional Implementation Era

There are still some debates regarding social justice, inclusion, and reservation despite constitutional promises. Complaints about elite capture have raised concerns on the fair and just implementation of those provisions and if it is necessary to amend the Constitution and other laws.

6. Nepal’s Global Commitments

Apart from the above domestic movements, Nepal’s ratification of different international human rights laws also gave way to social justice, inclusion, and reservations for the marginalized, such as:

CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
CRC (Convention on the Rights of the Child)
ICCPR (International Covenant on Civil and Political Rights)
ICESCR (International Covenant on Economic, Social and Cultural Rights)
UNCRPD (Convention on the Rights of Persons with Disabilities)

The Constitution’s Bold Promise and Its Global Roots

Article 18 of the Constitution enshrines Equality before Law, guaranteeing non-discrimination based on origin, religion, race, caste, tribe, sex, physical condition, condition of health, marital status, pregnancy, economic condition, language, region, ideology or any other status. It also introduces affirmative action, mandating the state to enact special laws and policies for the protection, empowerment, and representation of marginalized communities, including women, Dalits, indigenous groups, Madhesis, Tharus, Muslims, people with disabilities, and backward regions.

Similarly, Article 24 prohibits untouchability and caste-based discrimination in any form. Article 42 guarantees the Right to Social Justice, enabling marginalized groups to participate in state bodies on the basis of proportional inclusion.

State Policies (Article 51(j)) also include the matters of social justice and inclusion. It guides the State to work towards building an environment to allow the participation of diverse groups in governance, and ensuring their political, social, cultural, and economic protection.

But do these lofty provisions translate into meaningful transformation?

Positive Outcomes

Data from the Economic Survey 2081/82 shows that social indicators such as education and health have improved overall, but gaps persist:

The Human Development Index is 0.622, which is still low compared to regional peers.
Education statistics reveal glaring disparities. Community schools with predominantly marginalized students consistently perform worse than institutional schools. SEE results show deep inequalities in quality and accessEconomic Survey 2081-82.
In social security, over 3.5 million people benefit from allowance schemes (elderly, disabled, widows), but reports of exclusion and misuse remain frequent.

Nepal’s 16th Five-Year Plan also highlights the goal of creating a just and equitable society, explicitly targeting:

Increased participation of women, Dalits, Madhesis, and other marginalized groups in decision-making.
Reduction in multidimensional poverty.
Inclusive economic growth through social protection and targeted investments.

However, the same plan admits to persistent inequality, elite capture, and weak implementation mechanisms, especially at the local level.

Persisting Challenges

Lack of civic awareness and knowledge (sometimes even denial) on historical inequalities, and attitude of the rulers and the ruled keep bringing up problems in effectively implementing the constitutional provisions of social justice and inclusion. These problems can be summarized as:

Implementation Gap: Laws exist, but mechanisms are weak, underfunded, or politicized.
Elite Capture: Affirmative action benefits the dominant voices within marginalized categories, while the poorest remain excluded.
Data Deficiency: Many groups are invisible in national surveys and policy planning, making targeted interventions difficult.
Social Attitudes: Deep-rooted biases in bureaucracy, politics, and society obstruct real transformation.

Even programs meant to uplift the marginalized are often politicized, leaving the truly marginalized behind.

We must confront the bitter truth: A policy that looks fair on paper can still feel unjust in practice.

The Way Forward

If we want real change, we must ask tough questions and act boldly:

Is inclusion reaching the poorest within marginalized groups?
If not, we need audits and reforms to prevent elite capture. We may even have to limit the number and period of reservations an individual can get.
Are our education and healthcare systems inclusive by design?
Can we make inclusion part of everyday governance?
Are we prudent enough to let the Constitution and laws guide us?

We are not doing favour by implementing social justice and inclusivity. They are not gifts. They are orientation towards basic human rights. And the longer we delay its full realization, the more fragile our democracy becomes.

An image showing inequalities in different steps despite equality before the law

Does True Equality Exist in Nepal?

By Sandeept

On June 4, 2025

In Constitution Study, essay, Nepal, Nepali

Constitution Study #7: A Deep Dive into Article 18 and the Struggle for Real Equality

Aspirations of equality—the state of having equal status and opportunities—inspired a decade-long armed revolution from 1996 to 2006. The civil war promised to end inequalities brought about by systematic and social discrimination, nominal decentralisation, and the lack of fair political and economic opportunities. Yet biases and persecution based on gender, caste, religion, and economic class persist.

Are we really equal? What does the Constitution of Nepal say? What is happening in practice? If the constitution guarantees equality before the law, why do inequalities remain?

In this article…

1. Article 18: The Promise of Equality

Article 18 of the Constitution of Nepal guarantees the Right to Equality:

(1) All citizens shall be equal before law. No one shall be denied the equal protection of law.

This provision aligns with the Right to Live with Dignity (Article 16), which we discussed previously.

Article 18 further asserts:

(2) No discrimination shall be made in the application of general laws on grounds of origin, religion, race, caste, tribe, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language or
region, ideological conviction or on similar other grounds.

(3) The State shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language, region, ideological conviction or on similar other grounds.

The prevention of discrimination is further reinforced through Article 24. It bans discrimination and untouchability in any private and public places, including workplace, production and distribution of goods, services, and facilities, and even criminalises such actions.

This does not, however, prevent the State from making special legal provisions for the protection and empowerment of groups facing historical or structural disadvantages—such as women, Dalits, indigenous nationalities, Madhesi, Tharu, Muslims, persons with disabilities, backward regions, gender minorities, and even indigent Khas Arya.

Such special provisions, enshrined in the Article 18 (3) reappear in the rights of women (Art. 38), children (Art. 39), Dalits (Art. 40), senior citizens (Art. 41), the Right to Social Justice (Art. 42), and the Right to Social Security (Art. 43), proportional representation in the parliament, and allocation of spots for a woman and a Dalit woman in the Wards of Local Bodies.

Article 18 also eliminates gender discrimination stating:

(4) No discrimination shall be made on the ground of gender with regard to remuneration and social security for the same work.

(5) All offspring shall have the equal right to the ancestral property without discrimination on the ground of gender.

These provisions on paper form a robust framework for equality. But the deeper question remains: Are they honoured in practice, or are they simply constitutional aspirations still out of reach for many Nepalis?

2. Is Equality Only on Paper?

Despite the lofty promises of Article 18, Nepal continues to grapple with structural inequalities that prevent its citizens from enjoying real equality before the law. These constitutional guarantees are often undercut by the lived reality of systemic bias, social discrimination, and uneven access to justice.

2.1 Legal Protections, Selective Justice

The Constitution also upholds the Right to Justice under Article 20, which guarantees:

“Every person shall have the right to a fair trial by an independent, impartial and competent court…”

Yet, elites accused of corruption or abuse of power often receive lenient treatment—or see cases against them delayed indefinitely or dismissed. Meanwhile, ordinary citizens endure prolonged trials and harsher punishments even for minor violation or dissent.

This selective application of justice creates a double standard: one law, two treatments.

2.2 Discrimination and Unequal Access

Even though Article 24 criminalizes caste-based discrimination and Article 18 bars prejudice based on identity or economic status, violations are still widespread.

Recent Findings

According to the Economic Survey 2081-82:

Dalits and disadvantaged communities continue to lag in education, employment, and political representation.
While human development indicators have improved overall (reaching 0.622), inequality persists across provinces. For instance:
- Gandaki leads in economic growth (5.51%), while Sudurpashchim remains lowest (3.32%).
- Local budgets and access to services are unevenly distributed, with underfunding common in backward and remote areas.

These disparities mean that geographic location and birth identity still largely determine one’s opportunities—a clear breach of Article 18(3).

2.3 Gender and Economic Inequality

Article 18(4) and (5) aim to eradicate gender-based inequality in pay and inheritance. Yet:

Women and gender minorities remain underrepresented in decision-making roles.
A wage gap persists in many sectors.
Marginalized groups have limited access to land ownership, formal banking, and education—despite state-backed affirmative policies.

2.4 Public Perception and Trust Deficit

The 16th Plan of Nepal underscores “inclusive development,” but does not shy away from admitting that trust in public institutions has eroded due to inequality, corruption, and lack of responsiveness.

When citizens do not feel protected by the law or adequately represented in governance, the very legitimacy of the constitutional state is called into question.

3. Why Inequality Persists Despite the Constitution

Nepal’s Constitution boldly enshrines the ideals of equality (Article 18) and justice (Article 20), but these promises often fail to materialize in the lived experiences of many citizens. Why? The persistence of inequality in Nepal can be traced to a combination of historical exclusion, weak institutions, and socio-political inertia.

3.1 Historical and Cultural Legacy

Nepal’s social fabric has long been shaped by entrenched hierarchies—most notably caste, ethnicity, and patriarchy. Though untouchability is criminalized under Article 24, many Dalits and Janajatis still face discrimination in daily life, from public spaces to religious institutions. The state itself historically favoured the Khas-Arya male elite, creating structural inequality in education, employment, and political access.

3.2 Weak Implementation of Progressive Laws

Nepal has one of the most progressive constitutions in South Asia, yet implementation lags behind:

Police and local authorities often fail to register complaints of discrimination or violence, especially when victims belong to marginalized groups.
Judiciary remains under-resourced and male-dominated, with only 3% women in judicial positions (Economic Survey 2081-82).
Many local governments still lack capacity or willingness to enforce inclusion measures.

3.3 Skewed Economic Structure

Economic power remains concentrated among dominant groups:

Dalits, Muslims, and gender minorities are overrepresented in informal, low-paying, and insecure work.
Access to land, credit, and formal employment remains heavily skewed.
While poverty rates have declined nationally, multidimensional poverty remains high in Karnali (39.5%) and Madhesh (16^th Plan), reflecting deeply rooted economic exclusion.

3.4 Structural Barriers in Education and Representation

Disparities in school infrastructure, teacher quality, and language of instruction disproportionately affect Dalit, Madhesi, and rural students.
Despite constitutional quotas, marginalized communities remain underrepresented in key decision-making roles, particularly in the bureaucracy and judiciary.
Symbolic representation has often replaced meaningful power-sharing, resulting in tokenism rather than transformation.

3.5 Political Tokenism and Elite Capture

Political parties routinely use identity-based candidates to attract votes, but rarely empower them to challenge entrenched systems.
Inclusion measures are often co-opted by elites of marginalized groups, who benefit personally but fail to advance their communities’ interests.
Affirmative action lacks proper monitoring, data, and enforcement, allowing loopholes and misuse.

3.6 Planning Without Accountability

Even national development plans recognize the gap between vision and reality:

“There is a lack of disaggregated and reliable data for effective targeting,”
— 16^th Plan, Government of Nepal

This means policies are often misdirected or fail to reach those who need them most. Coordination between federal, provincial, and local governments also remains weak, limiting impact on ground.

4. The Unfinished Revolution

Today, on the Day of the Elimination of Caste Discrimination and Untouchability, Nepal must reflect honestly. The war may be over, but the revolution is unfinished. If the state cannot deliver on its promise of equality and justice, the credibility of the entire constitutional framework risks being hollowed out.

Equality before the law should not depend on wealth, power, or identity. It must be lived reality—not just constitutional poetry.

5. A Call for Constitutional Realization

The gap between constitutional ideals and social reality is stark. When equality before law becomes a privilege rather than a right, and justice is contingent upon status, the foundation of democracy is eroded. Upholding Articles 18 and 20 requires not only legal reforms but structural change, public accountability, and genuine political will.

Nepal must move beyond symbolic guarantees to substantive equality and justice—only then can it truly call itself a republic of the people.