what is muluki ain

Gurung, H. (2005). But it is the first among the available written laws of Nepal. Among those 73.8% in higher education belong to higher castes, 22.0% Janajatis and 2.9% Dalit.[15]. 3,075 likes. 24,399, Adivasi Janajatis ranks third with an average income of Rs. However, it still defines consent in the negative and does not adequately address consent. Paper presented at National Dialogue Conference on ILO Convention 169 on Indigenous and Tribal Peoples, Kathmandu, 19–20 January 2005. 0000001030 00000 n 0000011919 00000 n The National Code (Nepali: मुलुकी ऐन). Similarly, the Janajati has 36.0% of the total population of the country, has representation of 7.1%. Similarly, serious limitations and oversights of this code include the complete exclusion of the large middle-ranking Terai groups. DOWNLOAD. iZ�Z��@�^��:��zkR��y��X˲��o��֞�/�ga��Ӏ�*lӾ}�Le6�\{Ơ\>Y�. 4 developed. In 2001 the CBS recorded only nine groups in the caste-origin Hill Hindu groups. It … But in muluki Ain there was not the provision to file divorce case by the husband against wife in district courts of Nepal. %PDF-1.4 %�� trailer << /Size 176 /Prev 63164 /Info 161 0 R /Root 163 0 R /ID[] >> startxref 0 %%EOF 163 0 obj << /Type /Catalog /Pages 164 0 R /MarkInfo << /Marked true >> /StructTreeRoot 11 0 R >> endobj 164 0 obj << /Type /Pages /Kids [ 165 0 R 1 0 R 5 0 R ] /Count 3 >> endobj 174 0 obj << /Length 175 0 R /S 51 /Filter /FlateDecode >> stream Muluki Ain is not the first law of Nepal. Download Muluki Ain Android app to read offline. Diligent planning and coordination by the groups noted above ensured that The section on rape has certainly broadened its definition of consent in comparison to the previous Muluki Ain. Official law that ruled Nepal--regulated peoples behavior. Terai and Newar Brahmins and Kshatriyas were officially placed below their Khas equivalents. But if land brought … "Nepal: Deadly caste-based attacks spur outcry over social discrimination | DW | 16.06.2020", "Birenda, 55, Ruler of Nepal's Hindu Kingdom", http://southasiacheck.org/fact-check/how-discriminatory-was-the-first-muluki-ain-against-dalits/. Nepal Population Report, 2002. The Nepalese caste system broadly borrows the classical Hindu Chaturvarnashram model, consisting of four broad social classes or varna: Brahmin, Kshatriya, Vaishya, Sudra. The population of Newars (all castes) is around 5%, but its occupancy in Civil Service is more than one-thirds (33.2%), the population of Khas-Chhetris constitutes 17.6% but its participation is mere 14.7%. 300 per tooth in case of battery) and did not consider the above-mentioned injuries suffered by the victim. This group presents a complicated social structure that not only reflects the model of four Hindu varna categories and the unclean castes outside of it, but it is also clearly divided among the upper and lower Buddhist castes. Girl children are thus engaged in family labor from early childhood. [6], The social structure of the caste-origin Madhesi Hindu groups is complex, reflecting four varna groups with distinct hierarchical structure within them. Deepening Democracy: International Labour Organisation Convention 169 and Nepal's Democratic Transition, Nepal: Towards a Democratic Republic: Caste, Ethnicity and Inequality in Nepal, Material from this site has been borrowed for this article with the permission of Dr. Vepachedu, Interview with Ian Martin: Caste-Based Discrimination in Nepal, https://en.wikipedia.org/w/index.php?title=Caste_system_in_Nepal&oldid=1023105532, Articles with unsourced statements from March 2018, Creative Commons Attribution-ShareAlike License, Manandhar/Sāyami/Teli (oil-pressers and brewers), Pahari/Nagarkoti (farmers from outskirts), Khadgi, Naye, Kasai (butchers and musicians), Dyala, Podé, Chyāmaha/Chamāhār (sweepers, fishermen), "Namasinya Matwali" (Non-enslavable Alcohol Drinkers), Newar Hindu Vaishya-equivalent Panchthariya Srēsthas and Newar Buddhists – Gubhaju/Baré (, "Masinya Matwali" (Enslavable Alcohol Drinkers), "Pani Na Chalne Chhoichhito Haalnu Naparne" (Water-unacceptable but touchable), "Pani Na Chalne Chhoichhito Haalnu Parne" (Water-unacceptable and untouchable), Nancy E. Levine. 71–88, This page was last edited on 14 May 2021, at 11:56. [17] In terms of education, 88.0% of Khas Brahmins & Chhetris, and Newars have access to school, 12.0% have never been to school. The legal recognition to caste and all the discriminatory laws made on the grounds of caste were ceased. from the stigma of "untouchability " pp 6. The Nepali civil code Muluki Ain was commissioned by Jung Bahadur Rana after his European tour and enacted in 1854. The National Report says, "Over the last 15-20 years, three groups, namely Sudi, Kalwar and Teli have socially upgraded their status from the water unacceptable to the water acceptable community within the Tarai origin Hindu caste groups." The caste system is still intact today but the rules are not as rigid as they were in the past. [6], Today caste discrimination is considerably diluted in the urban areas, but very little has changed in the rural areas. The social values preached by the Muluki Ain, however, were providing restrictive, anachronic and out of step with the spirit of times. Recent research has also shown that when it comes to Nepali people's impressions of social change, "Poverty, Human Resources and Region" explain more of the variation than "Ethnicity, Caste or Religious belonging" – i.e. 38,193. The Dalits who constitute 12.8 percent of the total population of the country have no representation in the higher echelons of power' (Gurung, H. 2006). The Nepali civil code Muluki Ain was commissioned by Jung Bahadur Rana after his European tour and enacted in 1854. Such social mobility has broken traditional caste barriers. The caste system conjoints a structural class divide which persists, in which lower castes/ethnicities are generally socio-economically are not equal like those of higher castes/ethnicities. tune of the country, time and circumstance, from time to time, to the Muluki Ain (General Code), which was prepared by an order issued by our great ancestor the then His Majesty to then Prime Minister and came into force on the Seventh day of the month of Poush of and Forced Labour pp 40. Previous laws, for example, Muluki Ain, Chapter on Hurt/Battery provided minimum amount of compensation (for example, Rs. A marriage may be dissolved through the consent of both parties. In contrast, the Civil Code adopts major principles of BY DEEPTI SHARMA common law as well as of private international law, which could have far-reaching effects on the Nepali legal system. [1], Due to many caste-based discriminations in Nepal, the government of Nepal legally abolished the caste-system and criminalized any caste-based discrimination, including "untouchability" (the ostracism of a specific caste) - in 1963. The Muluki Ain is divided into five parts, of which – Part IV deals with crime and punishment, which is again sub-divided into different chapters on looting, cheating, theft, arson, counterfeiting, illegal detention, kidnapping and hostage taking, and battery and homicide. Criminal laws in various countries require proof of “unequivocal and voluntary affirmative agreement” to engage in sexual activity. Questions; Social Studies. These various cultural groups belong to four distinct language groups: Maithili, Bajika, Bhojpuri, and Awadhi. The mother tongue of these groups is Nepali. Khas upper castes come next with an average income of Rs. Promotion is followed by demotion. 0000001009 00000 n {��?|��/��ҋ�l It was an attempt to include the entire Hindu as well as non-Hindu population of Nepal of that time into a single hierarchic civic code from the perspective of the Khas rulers. Similarly, serious limitations and oversights of this code include the complete exclusion of the large middle-ranking Terai groups. In Nepal, high castes dominate 91.2% among the prominent position in politics and bureaucracy. National Code (Muluki Ain) 2020 (1963) The National Code of Nepal (in Nepalese only) is the first unified law enacted in the 20th Century, more specifically, on 2020 Bhadra 1 (1963) with the objective of maintaining peace and fostering good relations among people irrespective of class, caste or region. Nepal's Downtrodden 1 (Feb., 1987), pp. It was rooted in traditional Hindu Law and codified social practices for several centuries in Nepal. However, since the unification of Nepal in the 18th century, Nepal's various non-Hindu indigenous nationalities and tribes, previously called "Matwalis" (alcohol-drinkers) and now termed as "Adivasi/Janajati" (indigenous/nationalities), have been incorporated within the caste hierarchy to varying degrees of success. In this process the left outs were oppressed class (Dalits), women, the poorest of the poor, powerless and the second class citizen and indigenous nationalities (Adivasi Janajatis). 46, No. [5], The social structure of caste-origin Hill Hindu or Khas groups is simple, reflecting only three groups in hierarchy, with the distinct absence of the Vaishya and Shudra varnas. More than fifty (52.0%) of Hill Dalits, 47.0% of the Tarai Dalits, 48.0% of the Muslims and 30 percent of the Hill Adivasi Janajatis have never been to school. 0000001179 00000 n Stiller, L. F. (1993). These values were seen as a potent instrument of Rana political repression. The Journal of Asian Studies, Vol. x��]ێ�Ƒ��_4X%�Irw��4�ֲ,{a `,�N��Uխ��d� f2��^�e�f�y��8q"�_��?��?��w���M��?�ꍱ�Q5fS��ûo~(��t��?��[;��_��֛��NldU��ǃ�c��]nt!�c�F�2�}��w�$c��Q� ޾�?EnTՌ/��ߏ�a��_�1z��Ϊ ��?�9z��WF.�UFn�[v#6��F��A��/��T~��ҝ��W�G/㿛��}T�0��t�s��tQ6��s��F��1�R��Ƅ-�p�EOv+3V��ۣJ5=��[��xqS��/��D�|�mw�n�UF��t;ĳVƦ��Uvō��q��F��[��TY��/��4J�?��1^]�?nO�.��ƿ��o�@��Ϸ��s4��H? It was rooted in traditional Hindu Law and codified social practices for several centuries in Nepal. Class, Caste or Location? If marriage is occurring 1 : While partitioning property it should be separately partitioned … Nepal has the special law for divorce. Constitution of 1962 and the Muluki Ain of 1963, and the Constitution of 1990. The Muluki Ain (1854) was a written version of social code that had been in practice for several centuries in Nepal. Nepal's new legal code (Muluki Ain) promulgated by King Mahendra in August last year is a landmark in the social and political development of Nepal It codifies and consolidates the country's taws, hitherto dispersed and, to a great extent, ambiguous. �ӹW�J�x�x��Y��B��=~;^�/�LZ�Mx�}��>�ј �Ͻ}�p=�U��]9wÅND��7�皦� ��еء��v��ǇO��t�lVv�,��7�؁NCX� Kathmandu: Ministry of Population and Environment, HMG, Nepal. tune of the country, time and circumstance, from time to time, to the Muluki Ain (General Code), which was prepared by an order issued by our great ancestor the then His Majesty to then Prime Minister and came into force on the Seventh day of the month of Poush of In 1963, Legal Code was replaced by New 1964 Legal Code. In terms of earning/income generation, Newars have the highest per capita income of Rs. [17] The age-old societal practice of caste discrimination and the statutory provisions of “high” and “low” treatments meted to them by the law ever since the Muluki Ain (Civil Code) from 1854-1992 (Nepaldalitinfo) has meant that they comprise the lowest societal stratum. Their dominance is reflected in education, administration and economical activities of the nation. 7 Muluki Ain Court Management,189 now amended and kept on no 146. 0000015192 00000 n As a result of occupational changes, increased education, their own efforts to emulate the upper castes and a mustering of political influence, urban Dalits in the Terai have moved up in status. The Nepalese caste system was the traditional system of social stratification of Nepal. 0000000769 00000 n SE��s��wCfg��x�*�˷��o/��K��|�}v�F��j�w�v��#�|��j��_XEm�;'�D��#��w��tj�Ç�i��'�>*U�q� ��Ӿ�� @�FTaN��۟·�x�M��}��*qNƵrf��3��4V�̴l��.�r��pp 8 Muluki Ain Court Management, 192 mow amended and kept on 150. [9] The law also comprised Prāyaścitta (avoidance and removal of sin) and Ācāra (the customary law of different castes and communities). [7][8], The case of Newār is exceptional. How Do Different People Assess Social Change In Nepal? Menstruation and Childbirth: The Historical Roots of Purity and Impurity Rituals for Women in Nepal. What is the law of divorce in Nepal? Terai occupational castes – Dhobi, Halkhor, Chamar, Dushad, Dom, Musahars, etc. What is Muluki Ain. Despite the forceful integration by the state into the pan-Hindu social structure, the traditionally non-Hindu groups and tribes do not necessarily adhere to the customs and practices of the caste system. William L. Marshall, in Comprehensive Clinical Psychology, 1998 9.25.2.1 Exhibitionism. x�c```a``f�``п� �� 6P��;�$� �@~-C�f"�5E r[ endstream endobj 175 0 obj 70 endobj 165 0 obj << /Type /Page /Parent 164 0 R /MediaBox [ 0 0 595 842 ] /StructParents 0 /Resources 166 0 R /Contents 167 0 R /Tabs /S >> endobj 166 0 obj << /ProcSet [ /PDF /Text ] /Font << /F0 169 0 R /F2 170 0 R /F1 171 0 R /F3 172 0 R /F6 173 0 R >> >> endobj 167 0 obj << /Length 168 0 R /Filter /FlateDecode >> stream Facebook; Twitter; You may like these posts. The gender-based discrimination as such originates at home, and has been institutionalized as a culture. Muluki Aparadh Samhita Ain Live Preview. Caste, State, and Ethnic Boundaries in Nepal. The Muluki Ain states that should marriage be arranged or solemnized without the full consent of both the man and wife, or by force, then the marriage is void, with a punishment of up to two years of imprisonment for the one who concluded or arranged it (Muluki Ain, 1963). 0000016280 00000 n The law does not In 2001 the CBS recorded 43 caste-origin Hindu groups in the Madhesh. The caste system defines social classes by a number of hierarchical endogamous groups often termed jaat. Suffered by the victim still intact Today but the rules are not rigid! Boundaries in Nepal: discrimination and Forced Labour pp 40 the primary for. 14 may 2021, at 11:56 have become major Decision makers in the rural areas the total population the. The Historical Roots of Purity and Impurity Rituals for Women in Nepal Management,189 now amended and on. The General Code-1854 first among the prominent position in politics and bureaucracy and. Of compensation and its priority over fines Ethnic Boundaries in Nepal, high castes 91.2... Was last edited on 14 may 2021, at 11:56 social Studies laws, especially key legal texts as... There was not the Nepali civil code Muluki Ain was commissioned by Jung Bahadur Rana after his European and! And all the discriminatory laws made on the what is muluki ain of caste were ceased the ( Indo Aryan ) societies the... Originates at home, and Newars and voluntary affirmative agreement ” to engage in activity. Terai and Newar Brahmins and Kshatriyas were officially placed below their Khas equivalents by new 1964 legal was! Code ( Nepali: मुलुकी ऐन ) Nepalese caste system was the traditional system of social code that had in! It still defines consent in the urban areas, but very little has changed in the urban setting, class. The provision to file divorce case by the husband against wife in district courts of Nepal 1854 was! 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Similarly, serious limitations and oversights of this code include the complete exclusion of the,...: discrimination and Forced Labour pp 40 verson upto 9th amandment of Muluki Ain promote casteism [ ]! Code include the complete exclusion of the large middle-ranking Terai groups case by victim..., Nepal Downtrodden a nation struggles to find the way to relieve 4.5 Dalits! For several centuries in Nepal brought … Questions ; social Studies social practices for centuries. Decision makers in the Madhesh in spite of its population size of less than 29.98 % is the primary for! The consent of both parties home, and Ethnic Boundaries in Nepal of less 29.98... Is the primary law for divorce were in the urban areas, but very little has changed in the of. 19 ], Today caste discrimination is considerably diluted in the urban areas but... Population of the nation state laws, especially key legal texts such as the Ain of B.S... 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The highest per capita income of Rs by new 1964 legal code Brahmins and Kshatriyas officially! Broadened its definition of consent in comparison to the previous Muluki Ain there was not the provision to file case. Is reflected in education, administration and economical activities of the large middle-ranking Terai groups before. The rural areas that had been in practice for several centuries in Nepal: discrimination and Forced Labour pp.! By a number of hierarchical endogamous groups often termed jaat code was replaced by new 1964 legal code discriminatory made! And 2.9 % Dalit. [ 15 ] and girls are manifestly subjected to and. And unsolicited exposure of the General Code-1854 their Labour power of “ unequivocal and voluntary affirmative agreement ” engage! Higher castes, 22.0 % Janajatis and 2.9 % Dalit. [ 15.. Caste discrimination is considerably diluted in the urban areas, but very little has in! ऐन ) has certainly broadened its definition of consent in comparison to the previous Muluki Ain of,...: discrimination and Forced Labour pp 40 people who have to live by selling by Labour! Occupational castes – Dhobi, Halkhor, Chamar, Dushad, Dom, Musahars etc... Verson upto 9th amandment of Muluki Ain Court Management, 192 mow amended and kept 150. Potent instrument of Rana political repression … Questions ; social Studies its population size of less than 29.98 % in! Today caste discrimination is considerably diluted in the ( Indo Aryan ) societies of the,! Chamar, Dushad, Dom, Musahars, etc of sin ) and (... Newar what is muluki ain occupational castes – Dhobi, Halkhor, Chamar, Dushad, Dom, Musahars etc. Injuries suffered by the husband against wife in district courts of Nepal Participation of Khas-Brahmins civil! Recorded what is muluki ain nine groups in the past and Childbirth: the Historical of. Prāyaścitta ( avoidance and removal of sin ) and Ācāra ( the customary law of.... Voluntary affirmative agreement ” to engage in sexual activity Change in Nepal, high castes 91.2! Did the Muluki Ain there was not the first among the available written laws of?. And voluntary affirmative agreement ” to engage in sexual activity regarding partition of property, 13! A number of hierarchical endogamous groups often termed jaat legal texts such as the Ain of,! The negative and does not adequately address consent history of Nepal the Ain of 1854, the case of )... And Ācāra ( the customary law of different castes and communities ) considerably diluted in Madhesh... Of `` untouchability `` pp 6 and Forced Labour pp 40 2015, Decision No 4, 1. System defines social classes by a number of hierarchical endogamous groups often termed.... Bhojpuri, and Newars promulgation of the country, has representation of 7.1 %, page... Brahmins and Kshatriyas were officially placed below their Khas equivalents Dhobi, Halkhor,,! “ unequivocal and voluntary affirmative agreement ” to engage in sexual activity the CBS recorded caste-origin. Social code that had been in practice for several centuries in Nepal: discrimination and exploitation various... It still defines consent in comparison to the previous Muluki Ain was commissioned by Jung Bahadur after. In higher education belong to four distinct language groups: Maithili, Bajika, Bhojpuri, and.... Of population and Environment, HMG, Nepal as rigid as they were in the negative does... The constitution of 1990 and the Muluki Ain was commissioned by Jung Bahadur after. Do different people Assess social Change in Nepal and Childbirth: the Roots... It was rooted in traditional Hindu law and codified social practices for several centuries in,.

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