'Indigenous Peoples (IPs) are not Minorities', Writ filed in Supreme Court

  • News Date: July 06, 2017 | Post By LAHURNIP

Supreme Court (SC) has issued 'show cause' order in the case of Indigenous Peoples (IPs) enlisted as 'Minority' for election purpose. Mr. Bhaskar Singh Lala from Byasi Sauka Society and Mr. Kewal Bahadur Palpali from Nepal Kumal Society Upliftment Committee filed writ in Supreme Court on 19 June 2017. Judge Dr. Anand Mohan Bhattarai ordered 'show cause' in the hearing of the case on June 21, 2017.

National Foundation for Development of Indigenous Nationalities (NFDIN) Act 2002 (NFDIN Act), has defined indigenous peoples on section 2.a and listed 59 Indigenous Peoples' in its Annex (Schedule) 1. In section 25 of this act, states that the government of Nepal may alter the annex (schedule) only on the recommendation of council body. There is no jurisdiction to categorise indigenous peoples as minority, so the decision may repeal in prima facie. Also, government uses election law which creates conflict of law between it and NFDIN Act. So, they have demanded that decision should be repeal.

Nepal Federation of Indigenous Nationalities (NEFIN) has also filed an application to be a part of petitioner.

Lawyers' Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP) has provided pro bono legal service for pleading this case.