Court marriage of inter-caste couples in Nepal

Court marriage of inter-caste couples in Nepal: Legal provisions and social acceptance
Inter-caste marriage (Nepali: अन्तरजातीय विवाह pronounced [ʌntaɾd͡zatie bibaː]) is a type of marriage that is done outside of one's caste. Nepal has many castes and inter-caste marriage is generally considered taboo. However, this kind of marriage has been gradually gaining acceptance.

Legal provisions

In 1854, the Government of Nepal passed the "Muluki Ain" commissioned by Jung Bahadur Rana. This law outlawed marriage between people of a lower caste with those of a higher caste. In 1963, King Mahendra modified the law to abolish the "caste-based unequal citizenship". Since then, inter-caste marriage has been gradually gaining acceptance throughout Nepal.

In 2009, the Government of Nepal announced that it would give a sum of रू100,000 Nepalese rupees (roughly US$1,350) away to couples who have an inter-caste marriage. The recipients would have to claim the sum within 30 days of the marriage.

According to the Constitution of Nepal (2015), every person has the right to marry according to their choice and no one can be discriminated on the basis of their caste or ethnicity. The constitution also guarantees equal rights and opportunities for all citizens regardless of their caste or ethnicity.

The Civil Code (2017) also provides legal protection for inter-caste marriages and prohibits any kind of discrimination or violence against them. The code also states that any person who obstructs or prevents an inter-caste marriage shall be liable to a fine of up to रू30,000 or imprisonment for up to three years or both.

Social acceptance

Despite the legal provisions, inter-caste marriages still face social stigma and challenges in Nepal. Many families and communities disapprove of inter-caste marriages because they fear they will become social outcasts. According to research done by Jagaran Media Center, inter-caste marriage often leads to harassment, forced separation, displacement, and institutional discrimination. Additionally, brides who are not accepted by their families were found to be at risk of depression and psychosocial difficulties.

There have been several incidents of violence and killings against inter-caste couples in Nepal. For example, in 2004, a Dalit man and an upper-caste woman who eloped were kidnapped by the bride's relatives and the Dalit community was attacked by over 200 upper-caste people in Saptari district. In 2020, two Dalit men were killed by villagers when they went to marry upper-caste girls in Rukum district.

However, there are also some positive signs of change and acceptance in Nepali society. Some inter-caste couples have received support and recognition from their families and communities. Some NGOs and media outlets have also been raising awareness and advocating for inter-caste marriages. Some celebrities and politicians have also set examples by marrying outside their castes.

Conclusion

Inter-caste marriage is a complex and sensitive issue in Nepal that involves legal, social, cultural, and personal aspects. While there are legal provisions that protect and promote inter-caste marriages, there are still many social barriers and challenges that hinder their acceptance and integration. However, there are also some signs of change and progress that indicate a gradual shift in attitudes and behaviors towards inter-caste marriages in Nepal.