Nepal’s recently promulgated new Constitution has been highly contested. It has been rejected by historically excluded groups such as Madhesis, Janjatis, Tharus, and Dalits and the groups are currently demanding amendments in the Constitution in order to ensure more concrete provisions for their inclusion and representation in the state. Writing a new constitution through an elected body, Constituent Assembly, which could address the fundamental problems of various kinds of exclusion and inequality, was part of the peace agreement between the then government of Nepal and the insurgent Communist Party of Nepal (Maoists). Although, the peace process was formally ended, the question of addressing the questions of exclusion and inequality remains still highly contested.
This paper examines the provisions of Nepal’s new Constitution in order to see how it has addressed the questions of existing social, political and economic inequalities and exclusions, particularly regarding one of the most excluded groups, the Dalits. The paper will also trace the evolution of demands for inclusion and equality by the Dalits and will examine how earlier constitutions such as the Constitution of 1990 and the Interim Constitution of 2007 had addressed those demands. Nepal’s case will be compared with Indian experience of addressing the issues of inequality through its constitution, which was drafted by the leadership of Dr. Ambedkar.
Nepal’s Constitution has adopted policies of proportional representation, affirmative action, and other programs of economic development for Dalits. But the language of these provisions has been written in such a way that the provisions become ineffective to produce the intended results. Moreover, Nepal will face a major problem in implementing these provisions as there are plenty of spaces in the provisions for their misrepresentations. This paper will also analyze those loopholes in the Constitutions that can be problematic and contestable in the future when the Constitution is implemented.