The apex court nullifies discrimination in admission into Tindhara Pathshala hostel

By Advocate Tek Tamrakar

The Supreme Court of Nepal has nullified the discriminatory legal provision of Mahendra Sanskirt University by law and issued directive order in the name of the University for having in place an equality-based legal provision.

Demanding the nullification of discriminatory provision under Bylaw of Mahendra Sanskirt Univiersity of Nepal, 1991 and having appropriate order for legislating equality oriented provision, a case was
filed at the apex court.

There is a provision under rule 14.8.6(B) of this University bylaw, which discriminates dalit, woman and ethnic students for having admission to the residential facility at the fully government funded Tin Dhara Sanskrit School’s hostel.  Only Batuks (the Brahmins) are eligible for having this facility.

Advocating for making this blatant and unreasonable discriminatory legal provision void, the advocates pleaded on behalf of Dalit NGO Federation. I personally focused on the legal principles of "Just and
Substantial Classification theory", theory of non-and anti-discrimination and the chain as well as nexus of the Constitution, relevant Acts and bylaws. It is an inherent legal principle that all laws should be according to the spirit of the Constitution and all bylaws should be according to the purview of particular Act. But the said bylaw of Mahendra Sanskrit University has on one side undermined the constitutional expectations on non-discrimination rights, and on another side it has violated the equality oriented provision of Mahendra Sanskirt University Act. So, my approach was focused on the apex court making it void and issueing necessary order for ensuring equality based legal provision so that one can have this state run facility without any discrimination. The court has currently issued an order to nullify this discriminatory provision and issued directive order for having equal legal provision. 

Now, it is our duty to make advocacy to the government and Sanskrit University to implement this decision effectively. One thing that we should take into our mind is that mere having positive decisions is not sufficient. Until and unless the implementation is made a reality, it does not make any difference, rather it creates frustration. We should do our best to make it work.