1.4 Rights of Women, Dalits, Indigenous/Ethnic Groups (Adivasi

Janajati), Madhesi Communities and other Groups The Nepal's excluded catalogue (the historical-and-constitutional faces): Women — the patriarchal structure's historic disabilities (the property's denial, the family's subordination, the violence's tolerance); the reform trajectory (the 1990s judicial-and- legislative line — Unit 4's story; the 2015 Constitution's equality architecture); Dalits — the caste system's historic exclusion (the untouchability's practice; the economic- and-educational deprivation); the constitutional-and-statutory response (the untouchability's abolition — the 2011 Act's criminalisation; the special provisions' directive); Adivasi Janajati (indigenous/ethnic groups) — the cultural-and-linguistic marginalisation (the indigenous peoples' lands-and-knowledge; the language rights); the recognition's regime (the ILO 169-and-UNDRIP standards — Unit 2's instruments; the NEFIN-era movement's constitutional gains); Madhesi communities — the plains' identity-and-marginalisation (the citizenship-and- representation issues; the federalism debates — the Madhes movements' constitutional aftermath); The other groups — the persons-with-disabilities (the CRPD's accessibility-and-reasonable- accommodation regime); the senior citizens (the ageing society's rights); the sexual-and- gender minorities (the LGBTI recognition — the Sunil Babu Pant line); the religious-and- language minorities; the youth. The common thread: the equality-and-dignity's constitutional promise (Arts 18, 24, and the inclusion's Article 42 — the special-and-participatory rights) + the special measures' justification (the historical wrongs' repair — the formal equality's insufficiency). Exam Focus Long questions (the unit is the paper's foundation): (i) The justice's kinds + the gender justice's meaning-nature-kinds (the combined craft); (ii) The inclusive justice's concept-and-nature (the Nepal constitutional project); (iii) The excluded groups' catalogue with the constitutional responses. Short questions: the sex-gender distinction; formal vs substantive justice; the "nothing about us without us"; the transformative justice. Trick areas: (i) GENDER is the social construction; SEX the biology — the distinction's precision is the unit's first trap (the "gender = women" error: the gender includes men- and-third-gender); (ii) The formal equality can perpetuate the substantive INEQUALITY (the same-treatment-of-the-different — the special measures' justification); (iii) The inclusive justice ≠ the mere representation — the recognition-redistribution- participation's triad; (iv) Nepal's inclusion is CONSTITUTIONALLY mandated (the 2015 text's architecture) — the policy-optional error.