Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 (2011)


Published: 2011

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Caste based discrimination and untouchability, 2068 E
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Caste Based Discrimination and Untouchability (Offence and
Punishment) Act, 2068 (2011)
Date of Authentication and Publication
2068.2.18 (1 Jun 20011)
Act Number 4 of the year 2068 (2011)
An Act made to provide for provisions on caste based discrimination
and untouchability
Preamble: Whereas, acknowledging the principle that each person is equal in
terms of rights and human dignity, it is expedient to provide timely provisions
to protect the right of each person to live with equality, freedom and human
dignity by creating an environment where no untouchability and discrimination
prevails on the ground of caste, race, descent, community or occupation in the
name of custom, tradition, religion, culture, ritual or any other name, to make
punishable to the acts of untouchability, exclusion, restriction expulsion,
contempt or any other discriminatory act that is against humanity, to provide
restitution(compensation) to the victim of such acts, to keep intact the national
unity by strengthening the relationship subsisting among general public and to
create an egalitarian society.
Now, therefore, be it enacted by the Constituent Assembly in the
capacity of the Legislature-Parliament pursuant to Article 83 of the Interim
Constitution of Nepal.
1. Short tile and Commencement: (1) This Act may be called "Caste
Based Discrimination and Untouchability (offence and punishment) Act,
2068 (2011).
(2) This Act shall be extended throughout Nepal and also
applicable to Nepalese citizen residing outside Nepal having committed
an offence pursuant to this Act against Nepalese citizen.
(3) This Act shall come in to force immediately.

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2. Discrimination: Unless the subject or context otherwise requires; in
this Act,
(a) "Cast-based discrimination and untouchability" means the act as
referred to in Section 4.
(b) "Offence" means the act as referred to in Section 3.
(c) "Public Place" means place used for public purpose such as
governmental or non-governmental office, education or industrial
institution, antique monument memorials, inn, tap, well, pond.
Dais (Chautari), road or way, vehicles of public transport,
graveyards, garden, religious sites of any kind or and this term
includes any other places where products or services are sold or
distributed publicly.
(d) "Public Service" means governmental or non-governmental
offices, public institutions, transport, industrial or educational
institute, company, firm, shop, hotel, resort, lodge, restaurant,
cafe, film hall or theatre and this term also includes any service or
facility to be provided by any government or non-government
agency for public use or utility.
(e) "Public occasion" means publicly organized feast or party,
worship ceremony, religious offering, birth ceremony, naming
ceremony, marriage ceremony, death ritual and religious, social
or cultural ceremony of any kind.
(f) "Public-post holder" means a person holding the post where
he/she is authorized by the constitution, other prevailing laws or
the decision or order of the concerned body or authority or who
has to fulfill public duty or obligation and this term also includes
any incumbent officials or employee holding any position in
public organization.

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(g) "Prescribed or as prescribed" means prescribed or as prescribed
in the Rules framed under this Act.
3. Restriction on casted based discrimination and untouchability:
(1) No one shall commit or causes to commit caste-based
discriminations and untouchability.
(2) No one shall aid, abet or provoke anyone to commit caste
based discrimination or untouchability or shall attempt to commit such
an act.
(3) If anyone commits an act pursuant to Sub-sections (1) or (2)
shall be deemed to have committed an offence pursuant to this Act.
4. To be deemed to have committed cast-based discrimination
and untouchability: (1) If any one commits or cause to commit any
act as referred to in this Section on the ground of custom, tradition,
religion, culture, rituals, caste, race, descent, community or occupation
shall be deemed to have committed caste-based discrimination and
untouchability.
(2) No one shall, on the ground of custom, tradition, religion,
culture, rituals, caste, race, descent, community or occupation, commit
or cause to commit the following act in public or private sphere (place)
against a person by making caste based discrimination or untouchability.
(a) To prevent, control or restrict anyone in any way
from entering, attending or participating.
(b) To expel anyone individually or collectively from
public place or public occasion or to commit social
exclusion or discrimination of any kind or to
impose restriction on such act or to demonstrate
any other kind of intolerant behavior.

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(3) No one shall, on the ground of caste, race, descent,
community or occupation, deprive a person of using or enjoying public
service.
(4) No one shall, on the ground of caste, race, descent,
community or occupation, deprive a person of organizing public
occasion or performing any act to be organized publicly.
(5) No one shall instigate or provoke anyone to commit an act
that causes caste-based discrimination or untouchability or abet any one
to commit such act, or knowingly participate in such act.
(6) No one shall, one the ground of cast, race, descent,
community or occupation, prohibit any one to carry on profession or
business or compel any one to carry on any occupation or business.
(7) No one shall, on the ground of caste, race, descent,
community or occupation, deprive or cause to deprive any one of
performing any religious act.
(8) No one shall, on the ground of caste, race, descent,
community or occupation, prevent or cause to prevent any one from
producing selling or distributing any goods, services or facilities.
(9) No ne shall, while producing, selling or distributing any
goods, services or facility, produce, sell or distribute any goods, services
or facility only for particular caste or race.
(10) No one shall, on the ground of caste or race, exclude any
member of family or prevent him/her from entering in to the house or
evict him/her from the house or village, or compel him/her to leave the
house or village.
(11) No one shall, on the ground of caste race, descent or
community, prevent a person of marriageable age pursuant to prevailing
law from getting inter-caste marriage; or shall deny to perform naming

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ceremony for the person born from such marriage or compel or cause to
compel for divorce.
(12) No one shall, by dissemination, publication or exhibition of
audio visual materials, articles, pictures, figure, cartoon, poster, book
or literature or by any other means, denote hierarchical supremacy of a
person belongs to particular caste or race or commit an act that justifies
social discrimination on the ground of caste or race or transmit the views
based on caste- supremacy or hatred or use derogatory words or indicate
thereof, by his/her conduct, gesture or behavior, or instigate or abet or
cause to do so in any manner that promotes caste based discrimination.
(13) No one shall, on the ground of caste, race, decent or
community, deny anyone to provide employment or discriminate in
remuneration or cause to do so.
5. Complaint: (1) A person who finds that someone has committed or is
going to commit an offence as referred to in section 4, may lodge a
complaint in nearby policy office as prescribed.
(2) Notwithstanding anything contained in Sub-section (1), if any
one commits an offence as refereed to in Section 4 outside Nepal,
complaint shall have to be lodged in near by police office of the area
where the victim resides or of the district where the defendant resides.
(3) If the concerned police office fails to register the complaint
lodged pursuant to Sub-section (4) or (2) or fails to precede the
complaint as per prevailing law, the concerned person may complain to
National Dalit Commission or local body in prescribed manner.
(4) The National Dalit Commission or local body shall forward
the complaint received pursuant to Sub-section (3) to the concerned
police office in prescribed manner.
(5) After receiving the complaint pursuant to Sub-section (4), the
concerned police office shall make an inquiry in to the complaint and

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shall initiate necessary proceeding on such complaint as per prevailing
law.
6. Cooperation may be sought in the investigation of the case:
While making investigation of any case under this Act, the investigating
authority may seek cooperation as per necessity from Dalit community,
local leaders, civil society or representative of organization working for
the right and empowerment of victim of the caste-based discrimination
or untouchability.
7. Penalty: (1) The following penalty shall be imposed on the person who
commits the following offence;
(a) Whosoever commits an offence pursuant to Sub-section
(2), (3), (4), (5), (6) or (7) of section 4 shall be liable to the
punishment of imprisonment for a term from Three
months to Three years or the fine from One Thousand
Rupees to Twenty Five Thousand or the both.
(b) Whosoever commits an offence pursuant to Sub-section
(8), (9), (10), (11), (12) or (13) or section 4 shall be liable
to the imprisonment for a term from one month to One
year or the fine from Five Hundred Rupees to Ten
Thousand Rupees or the both.
(c) Whosoever aids, abets or instigates anyone to commit
caste-based discrimination or untouchability or attempt for
such act shall be liable to half of the punishment
prescribed to the principal offender.
(2) If a person holding public post commits an offence pursuant to
Sub-section (1) shall be liable to the punishment of an additional Fifty
percent to the punishment as mentioned in that Sub-section.
8. Penalty to person causing hindrance or obstruction: If a person
hindrances obstructs in the inquiry or investigation of an offence

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punishable under this Act, the court may, on the basis of the report of
the investigating authority may impose him/her half of the punishment
prescribed to the offender.
9. Restitution: (1) if a person is convicted for the offence pursuant to this
Act, the court many order the offender to provide restitution to the
victim from Twenty Five Thousand to One Hundred Thousand Rupees.
(2) Besides the restitution pursuant to Sub-section (1), if the
offender is found to have made harm or loss to the victim, the court
may, one the basis of such harm or loss, order the offender to provide
medical treatment cost or reasonable cost of additional damage or harm
to the victim.
10. Limitation to file case: (1) Case shall have to filed for the offence
pursuant to this Act, within Three months from the commission of the
offence.
11. Government of Nepal to be plaintiff: Government of Nepal shall
be plaintiff in the case filed pursuant to this Act and such case shall be
deemed to have included in the Schedule-1 of the Government case Act,
2049.
12. Summary procedure to be followed: Any case pursuant to this Act
shall be proceed and disposed by following the procedure as provided in
Summary Procedure Act, 2028.
13. Penalty to be imposed as per prevailing law: If an act considered
as an offence pursuant to this Act is also an offence pursuant to other
prevailing law, it shall not be deemed to have created any obstacle by
any matter written in this Act in order to file a suit in such offence
pursuant to prevailing law.
14. To be in accordance with this law: The matters set forth in this Act
shall be governed by this Act and other matters shall be governed by the
prevailing law.

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15. Duty to extend Co-operation: It shall be the duty of all concerned to
co-operate in the investigation of the case pursuant to this Act.
16. Power to frame Rules: The Government of Nepal may frame
necessary Rules to implement the objectives of this Act.
17 Repeal: Number 10a of the Chapter of Decency (Adal) of Muluki Ain
(General Code) is, hereby, repealed.