Nepal's Supreme Court Ruling: A Historic Step Toward Indigenous Justice

Nepal's Supreme Court recently issued full text of its landmark ruling that could redefine the trajectory of Indigenous rights in the country. By mandating that federal, provincial, and local governments align their laws, policies, and programs with the International Labour Organization's Convention No. 169 (ILO 169) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Court has taken a bold stand for justice.

- Vidhu Prakash Kayastha

This decision, driven by a writ petition from the Lawyers' Association for Human Rights of Indigenous Peoples (LAHURNIP) and led by human rights lawyers Bhim Rai, Dinesh Kumar Ghale, Jitendra Bajracharya, Bimal Shrestha, and Shankar Limbu, marks a pivotal moment for Nepal's Indigenous communities, who comprise over 37% of the population. Yet, the ruling's success hinges on the effective implementation of Free, Prior, and Informed Consent (FPIC), a reckoning with Nepal's 260-year history of discriminatory practices, and its place within the global struggle for Indigenous rights.

A Troubled Legacy: 260 Years of Marginalization

Nepal's Indigenous Peoples, including groups like the Tharu, Magar, Tamang, Newar, and Gurung, have faced systemic exclusion since the unification of modern Nepal under Prithvi Narayan Shah in 1768. The Gorkha conquest established a Hindu-centric monarchy that prioritized the Khas-Arya elite, marginalizing Indigenous communities through land dispossession, cultural erasure, and political exclusion. The Muluki Ain of 1854, a legal code, formalized a caste hierarchy that relegated Indigenous groups to subordinate status, stripping them of ancestral lands and enforcing assimilation into a homogenized national identity. State policies often favored the ruling class, displacing Indigenous communities to make way for settlers or development projects.

In the 20th century, discriminatory practices intensified. The state's resettlement programs in the Terai, particularly in the 1950s and 1960s, displaced Indigenous groups like the Tharu to eradicate malaria and open land for hill populations, often without consultation or compensation. The creation of national parks and conservation areas further restricted Indigenous access to traditional lands, prioritizing biodiversity over human rights. Even after Nepal's transition to a republic in 2008, these patterns persisted.