Social Justice and Equality in Nepal

"Social justice as a purpose of human rights" – Vienna Declaration of ILO

"Universal and lasting peace can be established only if it is based upon social justice" – ILO Charter

Background/Concept

Social justice emphasizes respectful and non-discriminatory treatment of all societal members, promoting tolerance, justice, and morality through cooperation and collaboration. It is practically feasible only in a democratic system, ensuring meaningful citizen participation at all levels of state mechanisms. Social justice is fundamentally tied to the basic human right to live with dignity and is closely linked to the concept of a welfare state.

Introduction to Social Justice

Social justice is the elimination of political, economic, social, cultural, physical, and psychological injustices in society.
It is a modern development concept, a strategy for state restructuring, and a development approach.
It ensures equitable access, identity, and representation.
Inclusiveness ensures equitable access regardless of origin, belief, or condition, with social justice as its outcome.
Social justice is a means to achieve social equality.
It involves equitable distribution of power, authority, resources, opportunities, and development benefits (PAROD).
It encompasses distributive, redistributive, protective, curative, and restorative justice.
Social justice is broader than legal justice, aimed at protecting, promoting, and ensuring human rights and transforming fundamental rights into practice.
It advocates for fair and just treatment and equitable distribution of social opportunities.
It includes equal treatment, goodwill, tolerance, respect, coexistence, justice, and morality.
The state must treat all citizens equally while providing special treatment to the disadvantaged, advocating equal treatment among equals and special treatment for the unequal.
It is both a state responsibility and a citizen’s right.
The term "Social Justice" was first used by Luigi Taparelli in 1840.
February 20 is celebrated as Social Justice Day.

Social Equality

Social equality refers to ensuring equal status, respect, and identity for all in society, providing opportunities based on equality.

Social equality entails:

Equal participation, access, and opportunities in political, administrative, socio-cultural, economic, and judicial spheres.
Preventing exploitation of any class or individual.
Special protective measures for disadvantaged communities.
Substantive equality achieved when all feel equal.
Requires distributive, redistributive, and restorative justice.
Social equality is established only through the promotion of social justice and security.

Thus, social justice and security are means, while social equality is the end.

Prerequisites for Social Justice and Equality

Democratic governance system
Respect for human rights
Rule of law
Effective public service delivery
Accountable government
Press freedom
Representative parliament
Active and aware civil society
Independent and accessible judiciary
Effective policy and structural arrangements
Social harmony and reciprocity
Decentralized governance
Effective grievance redressal mechanisms
Inclusive governance
Participatory state system

Need/Importance/Objectives of Social Justice

Ensure the right to live with dignity
Meet basic needs (food, shelter, clothing, education, health, employment)
Secure identity and rights
Eliminate all forms of discriminatory behavior
Bridge the gap between haves and have-nots
Ensure meaningful participation in state mechanisms
Build a society based on justice and morality
End extreme poverty and hunger
Protect, promote, and ensure human rights
Protect the interests of marginalized castes, classes, regions, genders, and communities
Mainstream deprived/marginalized individuals and communities
Ensure just distribution of opportunities and benefits
End wars, conflicts, violence, and disputes
Eliminate oppression, exploitation, discrimination, untouchability, and inequality
Empower women and establish gender equality
Provide special treatment for the poor, helpless, elderly, disabled, and children
Ensure inclusiveness in practice
Guarantee rule of law and democracy
Establish a just society
Ensure equitable distribution of resources and rights
Improve citizens’ quality of life
Enhance social security and public welfare
Secure citizen participation in political, economic, and socio-cultural activities
Mainstream all castes, classes, and communities in nation-building
Translate equality principles into practice
Establish an equitable and just society
Support the welfare state concept
Enhance public participation in governance and development
Promote balanced national development
Foster national unity among citizens

Principles of Social Justice and Equality

1. Principles of Social Justice

Protection and special protection
Equality
Equity
Compensation
Empowerment
Representation
Development
Ownership
Access and meaningful participation
Human rights
Reform and improvement
Conflict management
Sustainable development
Solidarity with the state
Self-governance

2. Principles of Equality

Equality Before the Law:
- Ensures the supremacy of law, equal treatment under the law, no special privileges, and equal application of general laws.
- Restricts arbitrary government discretion.
- Focuses on process over outcomes, known as formal equality.
Equal Protection of the Law:
- Developed to provide equal treatment to individuals, classes, or communities in unequal conditions.
- Imposes a positive state obligation, known as positive equality or substantive equality, focusing on outcomes.

Article 18 of Nepal’s Constitution adopts both principles:

Equality Before the Law: All citizens are equal before the law, with no discrimination based on origin, belief, condition, gender, or other factors. Equal pay for equal work and equal inheritance rights without gender discrimination.
Equal Protection of the Law: No one is denied equal protection. Special provisions for socially/culturally disadvantaged groups (women, Dalits, indigenous peoples, Madhesis, Tharus, Muslims, oppressed/marginalized communities, farmers, workers, youth, children, elderly, gender/sexual minorities, disabled, pregnant, helpless, and economically disadvantaged Khas Aryas) are not considered discriminatory.

Target Groups for Social Justice and Equality

Gender-Based: Socially/culturally disadvantaged women, gender/sexual minorities
Caste/Ethnicity-Based: Dalits, indigenous peoples, Madhesis, Tharus, Muslims, oppressed/marginalized/minority communities
Age-Based: Children under 16, elderly above 60
Physical Condition-Based: Disabled, pregnant, helpless, mentally challenged
Geographical-Based: Residents of remote/backward areas
Economic Condition-Based: Poor, farmers, laborers, unemployed
Risk-Based: Individuals/groups affected by crises, disasters, violence, wars, conflicts, or discrimination

Forms/Types/Approaches of Social Justice

Equality-Based/Distributive Justice:
- Grants civil (life, liberty, property), social (equal opportunities), and political (voting) rights in liberal democracies.
- Ensures equal pay, recognition, respect, non-discrimination, equal access to services/benefits, participation, and equitable resource use.
Equity-Based/Redistributive Justice:
- Equal treatment alone does not ensure substantive equality, as unequal conditions require tailored approaches.
- Focuses on mainstreaming, empowering, and providing opportunities (MEO) to marginalized groups through proportional representation, autonomy, special rights, decentralization, federalism, positive discrimination, reservation, social security, cultural recognition, progressive taxation, and sustainable development.
Restorative Justice:
- Addresses past discrimination by liberating oppressed communities and ensuring equality/equity.
- Examples: Ending untouchability, prohibiting access to public resources, and eliminating exploitative practices like bonded labor or gender-based customs (e.g., Chhaupadi, witchcraft accusations).
Protective Justice:
- Provides special protection to endangered, marginalized, minority, crisis-affected, conflict-impacted, and martyr families due to social structures, geography, or special circumstances.

Means of Social Justice and Equality

Equality, non-discrimination, inclusiveness, special protection, positive discrimination, and reservation.

Increasing Representation/Access in Governance: Proportional representation, autonomy, decentralization, federalism, special rights, good governance, rule of law, access to information, ensured participation.
Administrative Representation: Reservation, positive discrimination.
Elderly/Disabled: Social security allowances, healthcare, health insurance, proper care.
Backward Areas/Classes/Communities: Targeted programs, simplified public services, special concessions, employment creation, subsidized loans, access to education/health, empowerment, special protection, ending gender discrimination.
Poor Farmers: Subsidized fertilizers/seeds, agricultural/livestock loans, grants, insurance.
Laborers: Living wages, insurance, medical expenses, contribution-based social security.
Children: Free education, free healthcare.
Marginalized Individuals/Groups: Recognition, mainstreaming, substantive equality-oriented development, human rights protection, ensuring inherent rights, protection, diversity management, equitable justice, equitable opportunity/benefit distribution.

Arrangements in Nepal

1. Constitutional Provisions

Preamble commits to ending all forms of discrimination/oppression, untouchability, and building an equitable society based on proportional, inclusive, and participatory principles.
31 fundamental rights, including equality, women, children, elderly, Dalits, social justice, social security, labor, and anti-discrimination.
Part 27 establishes inclusive commissions (e.g., National Women Commission, Dalit Commission).
Article 50(2) outlines socio-cultural objectives.
Article 51 details policies for socio-cultural transformation, basic needs, labor, employment, social justice, and inclusiveness.
Federal structure with power distribution across three tiers.

2. Legal Provisions

Civil and Criminal Codes, 2074 BS
Disability Rights Act, 2074 BS
Contribution-Based Social Security Act, 2074 BS
Social Security Act, 2075 BS
Children’s Act, 2075 BS
Elderly Citizens Act, 2063 BS
Poverty Alleviation Act, 2063 BS
Caste-Based Discrimination and Untouchability Act, 2068 BS
National Human Rights Commission Act, 2068 BS
Domestic Violence Act, 2066 BS
Social Behavior Reform Act, 2033 BS
Indigenous/Nationalities Upliftment Foundation Act, 2058 BS
Universal Declaration of Human Rights, 1948
CEDAW
SDGs promoting social justice

3. Institutional Arrangements

National Human Rights Commission
Part 27 Commissions (Women, Dalit, Inclusive, Indigenous, Madhesi, Tharu, Muslim)
Ministries of Women, Children, and Senior Citizens; Labor and Social Security; Social Welfare Council; National Child Rights Council
Ministry of Home Affairs, Nepal Police, District Administration Offices

4. Other Arrangements

Poverty alleviation programs
Targeted group programs
Reservation and positive discrimination
Proportional electoral system
Free maternity services, maternity allowances
Free child vaccination
Social security allowances
Minimum wage for laborers
Freed bonded labor rehabilitation, Praja development, remote area development
Health insurance programs
Small farmer loans, microfinance, disadvantaged group loans
Land distribution for the landless poor
Oppressed and Dalit upliftment programs
Karnali employment program
Women and children programs
Social awareness programs
Prime Minister Employment Program
Free education programs

Current Situation

1. Strengths

Constitutional recognition of social justice as a fundamental right.
Emphasis on proportional, inclusive, and participatory principles for equitable society.
Constitutional, legal, and policy frameworks for gender justice and social inclusion.
Adoption of gender-responsive and poverty alleviation-focused budgets.
Social security allowances for targeted groups.
Policies prioritizing concessions, opportunities, and priority for the poor and marginalized.
Social justice as a pillar of good governance.

2. Weaknesses

Inadequate implementation of social justice as a fundamental right.
Human rights violations, impunity, and weak rule of law.
Lack of effectiveness, objectivity, and accountability in targeted programs.
Persistent discrimination, injustice, and exploitation.
Extreme poverty, hunger, and deprivation.
Lack of institutional capacity and operational strength.
Theoretical focus on social justice without practical implementation.
Weak monitoring and evaluation of programs.
Lack of reform mechanisms and culture.

Challenges to Social Justice and Equality

In a diverse and geographically/developmentally imbalanced country like Nepal, social justice and equality are challenging. Key issues include:

Persistent discrimination, superstitions, and fatalism.
Ineffective implementation of existing laws.
Lack of national policies, laws, and programs addressing social justice.
Failure to extend proportional representation to targeted groups.
Low representation of disadvantaged groups in policymaking.
Weak policy coordination.
Inability of national policies to guide provincial/local levels.
Uniform programs in a diverse society.
Low investment in infrastructure due to weak economic development.
Underutilization of local resources.
Limited adoption of indigenous development models.
Failure to make social integration a national issue.
Politicized civil society.
Weak institutional capacity and coordination at local levels.
Few large-scale projects.
Lack of mindset change among educated individuals.
Scattered Dalit settlements.
Unproductive use of remittance income.
Weak access to justice.
Reservation systems not reaching targeted groups.
Limited genuine stakeholder participation in development.

Interrelationship Between Social Justice and Equality

Social justice and equality are interdependent. Equality is unattainable without justice, and justice is meaningless without equality.

Impact of Social Justice on Equality

Ensures access, identity, and dignity, facilitating equality.
Guarantees human rights, supporting equality.
Uplifts and protects disadvantaged groups, contributing to equality.
Establishes rights and justice, enabling equality.
Reduces class disparities, aiding equality.

Impact of Equality on Social Justice

Equitable distribution of benefits establishes social justice.
Strengthened social harmony and unity ensure justice.
Equal existence and identity promote justice.
An equitable society enables justice.
Equal access to opportunities ensures justice.

Social justice is essential for equality, and equality is indispensable for justice; they are complementary.

Conclusion/Suggestions

Ensuring citizen welfare is the state’s primary responsibility. Equal and non-discriminatory treatment is a state duty. A just society is achievable only through equitable governance. Meaningful participation of all castes, classes, communities, and genders in the state’s legislative, executive, and judicial branches is essential. In a modern state, ensuring equal participation of marginalized groups in state mechanisms is critical for a just society.

1.2 Social Justice & Equality