A/HRC/61/41/Add.1 protect and promote the rights of marginalized communities. The Special Rapporteur learned that not one of the commissions has the financial or human resources to uphold the rights of minorities or Dalits effectively. More analysis is provided below. VI. Overall challenges of minorities and Dalits A. Equal access to socioeconomic rights 24. The major challenge for persons belonging to minorities and Dalits is their marginalization in socioeconomic life. Through the Muluki Ain (National Code), which served as the foundational legal text for Nepal from 1854, the caste hierarchy and caste-based discrimination was formally codified and operationalized.46 The Muluki Ain included notions of purity, pollution and hereditary occupation, legally excluding so-called lower caste groups from access to opportunities in politics and inter-caste marriages, while reinforcing untouchability and social exclusion.47 The Muluki Ain was replaced in two stages: by the 1963 National Code, which abolished legal caste-based discrimination and then, in 2018, through the enactment of separate codes, the Muluki Criminal Code, the Criminal Procedure Code, Muluki Civil Code and the Civil Procedure Code.48 Despite the formal abolition of codified caste‑based discrimination, the attitudes and social norms shaped by centuries of caste hierarchy continue to influence everyday interactions. These entrenched beliefs manifest in subtle or overt ways – ranging from social exclusion and discriminatory behaviour in public spaces to unequal treatment in schools, access to healthcare, workplaces and community life – revealing how deeply internalized and persistent caste‑based stratification remains within Nepalese society. 25. When it comes to education, the 2015 Constitution guarantees the right for every citizen to compulsory and free education to the basic level and free education up to the secondary level from the State (art. 31). Despite the formal guarantee of free primary and secondary education, many Dalit and minority children struggle to remain enrolled because of persistent out‑of‑pocket costs, such as for uniforms, transportation and school supplies. In addition, the frequent, if not exclusive, use of Nepali as the language of instruction places children whose mother tongue differs at a further disadvantage. The school system is highly fragmented, with public and private schools operating in parallel. Families who can afford it tend to choose private schools, which follow the public curriculum but have greater financial resources to deliver higher quality education. Dalits and children belonging to minority groups often depend on scholarships to maintain their enrolment in schools. Shockingly, 13.1 per cent of Dalit children – rising to 27.5 per cent in Madhesh Province – have never attended school, while 32.6 per cent of Dalits remain illiterate. 49 The lack of Dalit representation among teachers and the absence of an inclusive curriculum continue to fuel high dropout rates, particularly among Dalit girls. 50 26. On a few occasions, the Special Rapporteur was informed that, in the context of access to post-secondary education, Dalit students are discriminated against on the basis of untouchability when they seek to rent a room or apartment. Once landlords discover that they are Dalits, either through their surname or by enquiring about their background, the students are prevented from renting. This not only impedes their access to education, it also violates their right to proper housing. 27. Although the Land Act (1964) was amended to ensure equitable land distribution and resolve issues of landlessness, squatting and informal settlements, 51 several minority groups and Dalits continue to face severe challenges in realizing their right to housing, including the 46 47 48 49 50 51 8 See https://heiup.uni-heidelberg.de/catalog/view/769/1274/93830. Ibid. Ibid. See https://idsn.org/wp-content/uploads/2025/09/FINAL-Executive-Summary-and-Briefing-UPRNepal-4th-Cycle.pdf. Ibid. A/HRC/WG.6/51/NPL/1, para. 24. GE.26-01953