A/HRC/31/56
Constitution and its amendments permit special measures for the social and educational
advancement of marginalized communities, including scheduled castes, and provide
reservations of electoral seats in the Lower House and state legislatures for scheduled
castes. The new Constitution of Nepal contains several provisions for safeguarding the
rights of Dalits, including in employment, education and health care, and articulates a
political system based on proportional representation for disadvantaged groups, including
Dalits, minorities and women, at the local and national levels.
Specific legislation
113. Specific legislation to combat caste-based discrimination in all its manifestations is
instrumental to criminalize discriminatory practices, bring perpetrators to justice and
provide redress to victims. Nevertheless, poor levels of both implementation of legislative
measures and accountability, or a lack thereof, result in prevailing impunity and the
perpetuation of caste-based discrimination.
114. In South Asia, India and Nepal have enacted specific legislation to combat
caste-based discrimination. In India, two of the most recent laws are the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill (2015) and the
Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act (2013).
Nepal enacted the Caste Based Discrimination and Untouchability (Offence and
Punishment) Act in 2011, which criminalizes such discrimination in private and public
spheres.
115. In Japan, the Law on Special Measures for Dowa Projects, enacted in 1969 and in
force until 2002, was aimed at improving the living conditions in identified Buraku districts
(Dowa districts) by improving access to welfare, employment and education, and providing
redress in cases of discrimination against Buraku people.
116. In the United Kingdom, the passing of the 2010 Equality Act brought the
caste-discrimination issue into the public arena. Since its amendment in 2013, the Act now
includes caste as an aspect of race, following advocacy from civil society organizations and
the recommendation of the Committee on the Elimination of Racial Discrimination in its
2011 review of the State.107
Specialized institutions
117. In its general recommendation No. 29 (2002), the Committee requested States to
“establish statutory mechanisms, through the strengthening of existing institutions or the
creation of specialized institutions, to promote respect for the equal human rights of
members of descent-based communities”.
118. In 2002, Nepal established a National Dalit Commission tasked with a twofold
objective: to increase the participation of Dalit communities “in the mainstream of national
development” and to create a favourable environment for Dalit communities. 108
119. In 2004, India established the National Commission for Scheduled Castes as a
separate body109 with a wide-range of functions, including monitoring implementation of
legislation on scheduled castes, investigating complaints and reporting periodically on the
status of implementation of legislation.
107
108
109
22
See CERD/C/GBR/CO/18-20, para. 30.
http://ndc.gov.np/site/cms/12.
www.ncsc.nic.in.