a-7713-2 (ACC-NPL-7713-2)

This response was prepared after researching publicly accessible information currently available to ACCORD within time constraints and in accordance with ACCORD’s methodological standards and the Common EU Guidelines for processing Country of Origin Information (COI).
This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status, asylum or other form of international protection.
Please read in full all documents referred to.
Non-English language information is comprehensively summarised in English. Original language quotations are provided for reference.
 
The Nepalese newspaper The Kathmandu Post (KP) reports in June 2011 about the abduction of a Nepalese man’s pregnant wife by her own family, since they opposed the inter-caste marriage of the couple:
“A man has appealed to human rights activists to help trace whereabouts of his expectant wife, who was reportedly abducted by her own parents. Dipak Pariyar of Hatiya VDC, Baglung, said his wife Ranjita KC was kidnapped by a group of men led by his father-in-law Tek Bahadur KC on May 6 as they were not happy with their inter-caste marriage. Dipak and Ranjita had eloped and exchanged wedding vows some two months ago. Dipak said Ranjita’s parents opposed the marriage and were unwilling to accept the couple. ‘We decided to marry as both of us had reached the legal age for marriage. It is me being from the lower caste that Ranjita’s parents are protesting,’ said Dipak. After the couple was forcibly separated, Dipak lodged a complaint at a police office incriminating his in-laws for abducting his pregnant wife. In the plaint note, he has demanded that his wife and the unborn baby be returned to him in safe and sound state. ‘I have tried to contact my wife and her parents on their phone, but they have switched off their phones. I am worried about my wife and my baby.’ While the police is investigating the case, Dipak has called on the human rights groups and other concerned sides to make efforts to find his missing wife.” (KP, 23 June 2011)
The US Department of State (USDOS) mentions in its Country Reports on Human Rights Practices from April 2011 that inter-caste marriages are still opposed by the community:
“Caste-based discrimination is illegal; however, Dalits occasionally were barred from entering temples and sharing water sources. Progress in reducing discrimination was more successful in urban areas. […] Resistance to intercaste marriage (upper and lower caste) remained high and in some cases resulted in forced expulsion from the community. Dalits who participated in wedding ceremonies traditionally reserved for non-Dalits, such as riding a horse, were sometimes assaulted; however, the courts have shown a willingness to prosecute such cases of discrimination.” (USDOS, 8 April 2011, Section 6)
In a report by the United Nations Human Rights Council (UNHRC) from February 2011 an incident involving a journalist who reported about a case of inter-caste marriage is mentioned:
“In another instance, an activist documenting a case of inter-caste marriage had his camera stolen and was beaten up by the non-Dalit family in Surkhet district. Furthermore, it is common for the police to refuse to investigate cases in which the security of Dalit rights defenders is at risk. Instead, the police typically recommend that the activists drop the case or stop working on these kinds of issues.” (UNHRC, 24 February 2011, p. 3)
The UNHRC report further mentions an attack related to inter-caste marriage:
“A case documented by Nepali organization WOREC in 2009 illustrates this worrying pattern and the urgent need to have measures specifically designed to address the issue of attacks against women human rights defenders. After woman human rights defender Kara Devi Sardar was beaten up by a non-Dalit family for having defended the rights of one of their family members to engage in an inter-caste marriage in Sunsari District, the Illaka Police Station in Chimdi refused to register her complaint about the attack and to provide her with protection. Instead, they insulted her. It should be noted that this District faces a high level of criminal activities and violence against women. To support her, around 500 women organised a peaceful sit-in during two days in front of the police station calling for the proper handling of her case and action against the corrupt police officer who had rejected her case. During the second day, ten police officers charged the women and beat them with batons and the butts of their guns on the women’s heads, chests, thighs and legs, and in some instances sexually molested them. As a result, at least 14 women were injured, five of them seriously. This case was communicated to the government by the Special Rapporteur on the situation of human rights defenders, but, in its response, the government rejected the allegations and placed the blame on the women human rights defenders.” (UNHRC, 24 February 2011, p. 4)
The Nepalese newspaper The Himalayan refers in an article from July 2011 to 25 couples in an inter-caste marriage taken as an opportunity to raise awareness for remaining discrimination and an end to untouchability:
“PANITYANKI: The District Development Committee (DDC), Morang on Monday felicitated 25 couples for getting engaged each other in an inter-cast marriage between Dalit and non-Dalit community – a bid to end caste discrimination and untouchability.
The Dalit Development Coordination Committee in the DDC honoured the couples by offering shawl along with Rs. 5,000 each amid a formal programme.
Felicitating the couples, Secretary at the Ministry of Local Development, Sushil Ghimire said the inter-caste marriage has been proved significant campaign to dismantle social taboos and anomalies so that it should be deemed the social revolution.
He also urged the couples to cast their conjugal lives being responsible for social transformation.” (The Himalayan, 12 July 2011)
The World Organisation Against Torture (OMCT) remarks in a report from September 2010 that a women’s rights defender has been attacked by relatives of a woman in an inter-caste marriage:
“In this context, women’s rights defenders in Nepal continued to face barriers to access justice and seek redress for acts of violence, including sexual violence and gender discrimination, and continued to be subjected to reprisals because of their activities. They remained at risk of attack in particular for daring to challenge the patriarchal and caste-based system. On April 9, 2009, Ms. Kara Devi Sardar, a women’s rights activist, was beaten by relatives of Ms. Lalita Gurung, after she had called for the respect of the fundamental right of any person to marry and to choose freely her/his mate. Ms. Gurung had planned to have an inter caste wedding, which was vehemently rejected by her relatives. Immediately after the assault, Ms. Kara Devi Sardar approached the Illaka police station of Chimdi village, Sunsari district, but Sub Inspector Rajesh Chaudhari denied her legal right to file a complaint.” (OMCT, 13 September 2010, S. 229-300)
In a film review published by the Nepalese NGO Nepaldalitinfo in November 2011, which deals with the story of inter-caste marriage, it is mentioned that caste-based discrimination exists in Nepal:
“This movie has carried a big message that the caste based discrimination against so called Dalits of Nepal exist and when it comes to the inter caste marriage then lovers have to suffer a lot. Suresh Pariyar (Yash Kumar) and Gurans (Rekha Thapa) love each other since their childhood and Gurans is very fond of the singing talent of her lover, the life goes happily but when Suresh discovers that if he marries Gurans who is a daughter of so called social reformer who is working to uplift the situation of Dalits and Brahmin by caste then she will have to go through a very humiliated life being an untouchable woman who would be barred to enter a temple and discarded by the families. When Suresh sees a village woman from a Brahimin family married to a Kami who find no where to settle as they are humiliated and discarded by the society wherever they go and try to find refuse at the house of her father, who also expels her stating that she is already dead for him when she eloped with a Kami and hangs herself to death. Suresh realizes that fate of his beloved Gurans would be like that lady and decides to distant himself. Since he is very dear to Gurans and both of them can not live without each other eventually decide to marry. Since Guran’s father is a social reformer working for Dalit cause Suresh grandmother thinks that it is possible to have an arranged marriage between a Dalit and Brahimin.” (NPI, 27 November 2011)
 
The Nepalese NGO Lawyers National Campaign for the Elimination of Caste Discrimination (LANCAU) provides (undated) information on i.a. pending and closed legal proceeding involving inter-caste marriages:
[Bilder wurden enfernt]
Please also note the query response of the Australian Refugee Review Tribunal’s Country Advice (RRT) from July 2010 dealing with inter-caste marriages i.a.:
·      RRT - Australian Government – Refugee Review Tribunal: Nepal – NPL37044 – Inter-caste marriages – Chhetri – Newar, 21 July 2010
http://www.mrt-rrt.gov.au/ArticleDocuments/97/NPL37044.pdf.aspx
References: (all links accessed 16 August 2011)
·      The Himalayan: 25 couples embracing inter-caste marriage feted, 12 July 2011
http://www.thehimalayantimes.com/fullNews.php?headline=25+couples+embracing+inter-caste+marriage+feted&NewsID=295198
·      LANCAU - Lawyers National Campaign for the Elimination of Caste Discrimination: List of Cases Inventory, undated
http://lancau.org.np/Cases
·      NPI – Nepaldalitinfo: MOVIE REVIEW: Batomuniko Phool (A flower under the trail), a must see movie for social reformer, 27 November 2011
http://nepaldalitinfo.net/2010/11/27/792/
·      KP – The Kathmandu Post: Woman ‘abducted’ for inter-caste marriage, 23 June 2011
http://www.ekantipur.com/the-kathmandu-post/2011/06/22/nation/woman-abducted-for-inter-caste-marriage/223171.html
·      RRT - Australian Government – Refugee Review Tribunal: Nepal – NPL37044 – Inter-caste marriages – Chhetri – Newar, 21 July 2010
http://www.mrt-rrt.gov.au/ArticleDocuments/97/NPL37044.pdf.aspx
·      UNHRC - United Nations Human Rights Council: Nepal: "Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status [A/HRC/16/NGO/56], 24 February 2011 (verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/1930_1301950222_g1111219.pdf
·      USDOS - US Department of State: Country Reports on Human Rights Practices 2010 - Nepal, 8 April 2011 (verfügbar auf ecoi.net)
https://www.ecoi.net/local_link/158198/260632_en.html
·      WOAT - World Organisation Against Torture: Nepal: "Steadfast in Protest; Annual Report 2010; Nepal, 13 September 2010 (verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/1939_1285156085_nepal.pdf