Saturday, 4 August 2018

Hard to eliminate discriminatory laws of Nepal due to flaw of the mindset

The discrimination and inequality among human beings have been changing its forms and sizes but the practices still remain in the society because it is very hard to give up since it has been in our genes transformed from one generation to another generation. 
Even present Constitution of Nepal that was promulgated in 2015 has play role in preserving, sustaining and maintaining the caste system and caste based discrimination in Nepal. I was surprised to see in the 21st century country code of conduct it has written in the 
Article 18. Right to equality: (3) The state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters.
Provided that nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the Khas Arya.
Article 42. Right to social justice: (1) Socially backward women, Dalits, Adibasi, Janajati, Adibasi Janajati, Madhesi, Tharu, minority groups, persons with disability, marginalized groups, Muslim, backward classes, gender and sexually minority groups, youths, peasants, laborers, the oppressed and the citizens of backward regions, and economically poor Khas Arya shall have the right to employment in state structures on the basis of the principle of inclusion.
Article 84. Constitution of House of Representatives: (2) Provision shall be made according to Federal law for the representation of political parties to file candidacy for the election of the House of Representatives for proportional representation system through closed list of women, Dalit, Adibasi Janajati, Khas Arya, Madhesi, Tharu, Muslim, and backward regions. Balance in geography and province shall be considered for such candidacy.
Explanation: For the purpose of this provision, Khas Arya means Chhetri, Brahmin, Thakuri and Sannyasi (Dasnami) community.
Article 176. Formation of the Provincial Assembly: (6) The representation of women, Dalit, indigenous, indigenous nationalities, Khas Arya, Madhesi, Muslim, backward region and minorities community on the basis of geography and population in the nominations filed by the political parties for the election to be held for the Provincial Assembly through the proportional representation (PR) election system shall be made on the basis of closed list in accordance with Federal law.
Explanation: ‘Khas Arya’ shall mean Chettri, Brahman, Thakuri, Sanyasi (Dashanami) community.
Article 259. Functions, duties and powers of National Inclusion Commission: (1) Functions, duties and powers of National Inclusion Commission shall be as follows:-
(a) To carry out research and studies for protecting rights and welfare of Khash Arya, backward class, persons with disability, senior citizens, laborers, peasants, marginalized and minority communities, people of Karnali region and economically disadvantaged people,
Article 267. Provision relating to Nepal Army: (3) The entry of women, Dalit, indigenous community, Khash Arya, Madhesi, Tharu, Muslim, people of backward class and backward region shall be ensured in Nepal Army, based on the principle of equality and principles of inclusion as provided for in the Federal law.
Wonder where this  kind of racist, casteist, sexist and misogynist archaic Manubaadi (Manuism) mindset and ideology governed caste appears in Indian or any South Asian countries or any part of the world constitutions on this universe ?
It has proven that the Nepal's Code of Conduct known as Muluki Ain promulgated in 1854 AD (1910 BS) by Prime Minister Janga Bahdura Rana which was revised and updated by King Mahendra in 1963 AD (2020 BS) which is still effective till date also preserved, sustained and maintained caste system in a very subtle manner. That's the reason caste system and caste/ethnicity based discrimination is very much prevalent still in Nepal. When we talk about caste system and caste based discrimination we are NOT just talking about so-called Dalit. I said so-called dalit because the word dalit was first used in India by  Jotirao Govindrao Phule (1827-1890) who was an Indian social activist, a thinker, anti-caste social reformer and a writer from Maharashtra with the meaning of  "oppressed, suppressed,divided, split, broken, scattered ". It has proven that the word Dalit  was repurposed in 19th-century Sanskrit to mean "(a person) not belonging to one of the four Brahminic castes". However, it  was perhaps first used in this sense by Pune-based social reformer Jyotirao Phule, in the context of the oppression faced by the erstwhile "untouchable" castes from other Hindus.
Therefore, dalit is NOT just those who belong to 4 varna (colour) last colour (black) known as Shudra but also to those all who doesn't fall under 4 varna system according to the law of Manu "Manusmriti". This is the reason WHY in Nepal even so-called Bhote which is the discrimination based on origin is very much prevalent among so-called Khas Arya and Newari Hindu community. If all so-called Janajati, Chinese, Japanese, Korean, Taiwanese, Vietnamese (so-called Asian) are known as Bhote because of their ancestors origin land then definitely all Khas Arya and so-called present day Dalit who were known as Shudra should be also known as Indian/Bharati because of their ancestors origin land that belong to India.
In fact, Dalit is not just Kami, Damai, Sharki in the context of Nepal BUT also women, including all those who are oppressed, suppressed, divided, split, broken and scattered based on sex, economic and social class, origin, belief system/religion, culture, colour and origin. However, the extremist Manubaadi mindset think that dalit is only Kami, Damai and Sharki. This is their IGNORANCE because of their blind faith on Manubaadi education system which applies to the connotation of 
"A little knowledge is a dangerous thing, but a little want of knowledge is also a dangerous thing."
Samuel Butler (1835-1902)
Discriminatory belief and practice is the vein and brain of supreme most colour (white), class (top most educated group), caste (priesthood born from Brahma God mouth known as Brahmin), creed (Hindu belief system) and sex (Male). This is the reason WHY it can't be eliminated and wiped out from the society. 
In order to eliminate or wipe out caste system and caste based discrimination first of all human soft ware (Mind and mindset) has to be challenged to change. Otherwise nothing going to be happened for this centuries long discrimination and equality based on colour, class, caste, creed and sex that were coined by then ignorant fool educated males sitting inside the cave imagining ill ideas and thoughts out of blue in a very crazy manner. 

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