The right to shelter is one of the foremost rights that a functional state should ensure for its citizens. One of the basic human rights, housing is critical to a person’s health, dignity, safety, and inclusion into their community. Becoming a part of the community is to have a guarantee of their place to live in and call home. A historical ill, many underprivileged caste communities amongst the Newah have not been fully provided with their right to feel as of the community. This historical injustice is not just the socio-cultural ill practice but an injustice that was imposed on select caste groups amongst the Newah. Historically, such injustices in some cases have been partially compensated by the community itself through granting of temporary residence in satachhen owned by various guthi. But the responsibility to right the wrong done to these communities by dissimilatory provisions reinforced by the legal provisions of the state has never been fulfilled by the, now, the Federal Democratic Republic of Nepal, which ensures the right to housing to all its citizens as per the article 37 of the constitution, article 20(2) (D), 20(2) (K) of the Civil Code and The Right to Housing Act, 2075 (2018) among other legal provisions.
On the 7th of Poush, 2079, a letter was issued by the Lalitpur Ward No. 16 office to Darshandhari (Kapali) families inhabiting Patakwa Satachhen (Patko paatighar) on plot number 242 of Lalitpur Metropolitan city, including that of Govinda Darshandhari, with an order to evacuate the structure within three days with the reason shown that the structure was in dire need for repair/reconstruction. However, the order issued by the ward office did not guarantee any respite for the affected families who would be rendered homeless in the harshest part of the winter with virtually no window of time to find alternative arrangements. It is necessary to take into account the safety of the families too due to the deteriorated state of the structure but the rights of the affected families to housing is also a concern that the local government should take interest in. Given the financial situation of the families due to the historical injustice faced by the families, it is not just it is inhumane to leave the families to their own resort while rendering them homeless while the reconstruction of the structure takes place, the question of long-term habilitation of the families is also a concern that should be taken up. The structure in question is a heritage structure that traditionally is designed for temporary stays, true, but it is also the socio-cultural and the legal context that enforced the families to live in the structures, in cramped conditions, for generations.
World Newah Organization, being an organization which takes interest in the welfare of all Newah communities in Nepal and abroad in general, welcomes the stay order issued by the High Court of Patan to not evict the families from the structure in question without the ward office making alternative arrangements for the families to stay. However, WNO also sees the need for a longer-term solution for the affected families as well as the need to address the broader context of the problem. Homelessness is increasing amongst the underprivileged castes in the Newah community. Generational financial strains, lack of opportunities and increase in the sizes of the families with passing generations have made many Newah families without the adequate opportunity for dignified housing. Much of this is the result of the historical injustices faced by these communities at hands of the state itself which legally recognized discrimination such as through Muluki Ain of 1854. As such, it cannot be undermined that the responsibility is primarily of the state to provide justice to members of these Newah communities. With the federalization of the Government of Nepal, it must be now seen as an important responsibility of the local government of Nepa Valley (Kathmandu Valley) to tackle the burgeoning issue of urban homelessness amongst underprivileged Newah caste groups. WNO calls for the attention of the local governments to urgently look into this matter so that the wrong done to these communities for generations, would finally be made right and a permanent, dignified roof given over their heads.
Sanyukta Shrestha
London, UK
President, WNO
Shobhit Shakya
Tallinn, Estonia
General Secretary, WNO