The Supreme Court has ordered on 8th of Baisakh 2062 (April 21, 2005) that the Government of Nepal should make a new concrete law for the elimination of untouchability. This order was passed to the Office of the Prime Minister, the Law Ministry and the Home Ministry to form a committee comprising of renowned leaders and organizations, to study the nature of cases related to untouchability and to make the law immediately so as to ensure justice to the millions of victims of untouchability in the country. The apex court’s decision was given over a writ petition filed by LANCAU Nepal (www.lancaunepal.org) a few months back (Kartik 2061) claiming that the provisions of the Civil Code (Muluki Ain) for possibility of punishment for the convict are ultra-vires [or contrary and inconsistent] with the provision of the Constitution of Nepal which seeks mandatory punishment for the crime.
The landmark verdict was given by the full bench including the Judges Min Bahadur Rayamajhi and Khil Raj Regmi. Senior Advocate Daman Nath Dhungana, Advocate Ratna Bahadur Bagchand, Advocate Narayan
Nepal, Advocate Mameeta Nepali Giri and Advocate
Santosh Giri pleaded on behalf of the writ petitioners, while the Government Attorney Mr. Narendra Pathak defended the case on behalf of the State. The writ petitioners are now requesting all concerned organizations, lawyers and activists to contact LANCAU Nepal office as soon as possible for forming a committee to provide inputs towards drafting the law. [Report by
Santosh Giri, April 22, 2005]