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Religious and Ethnic Tensions Fuel Migration from Nepal

Religious and Ethnic Tensions Fuel Migration from Nepal

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Photo: Nepal - Gavin Yeates

Nepal is home to a mosaic of ethnic, caste, and religious communities whose religious and ethnic tensions in Nepal have historically driven migration and continue to pose protection concerns. The country's transition from a Hindu monarchy to a federal democratic republic — completed with the 2015 Constitution — has reshaped the legal landscape. However, implementation remains uneven, and marginalised groups including Madhesis, Tharus, Dalits, and religious minorities continue to face discrimination and periodic violence.[1]

90%
Dalits facing caste-based discrimination (NHRC data)
125+
Distinct ethnic and caste groups recognised
Secular
Constitution 2015 — but Hinduism dominant in practice
Legal
Proselytising criminalised under Constitution Article 26(3)

Nepal's Ethnic and Religious Landscape

Nepal's population of approximately 30 million includes over 125 recognised ethnic and caste groups. The 2015 Constitution established a secular federal republic, replacing the world's last Hindu kingdom. However, Nepal retains a criminal prohibition on religious conversion and proselytising under Article 26(3), which has been used to target Christian communities in particular.[2]

Hinduism remains the religion of approximately 81% of the population. Buddhism accounts for around 9%, Islam approximately 4%, and Christianity a growing but still small community of around 1.4%. Despite the secular constitution, Hindu nationalist sentiment remains politically influential, and calls to restore Nepal as a Hindu state have gained traction in recent years.

The Madhesi community — comprising various ethnic groups of the Terai plains along the southern border with India — has historically been marginalised in political representation and development spending. The 2015 Constitution's federal provisions were seen by many Madhesis as inadequate, leading to months of protests and a blockade that caused a severe fuel and humanitarian crisis.[3]

Caste-Based Discrimination Against Dalits

Dalits — communities at the bottom of the Hindu caste hierarchy — face pervasive discrimination in Nepal despite formal legal protections. The Caste-Based Discrimination and Untouchability (Offence and Punishment) Act 2011 criminalises caste discrimination, but enforcement is weak and prosecutions are rare. The Nepal National Human Rights Commission has found that over 90% of Dalits report experiencing caste-based discrimination.[4]

Violence against Dalits is well-documented. High-profile cases include the 2020 murder of Nawaraj BK and five friends in Rukum West — killed by an upper-caste mob after a Dalit man pursued a relationship with a woman from a higher-caste family. Inter-caste relationships continue to provoke violence. Moreover, Dalits face exclusion from temples, wells, and community spaces in rural areas.

Caste-based discrimination and violence against Dalits in Nepal remains deeply entrenched, with legal protections rarely enforced and perpetrators seldom brought to justice.
Amnesty International, Nepal Annual Report 2023

Caste-Based Violence Incidents Reported (Nepal Police, Selected Years)
2019
384
384
2021
521
521
2023
612
612
Figure 1: Reported caste-based violence incidents in Nepal, selected years. Source: Nepal Police Crime Reports.

Religious Minorities and the Anti-Conversion Law

Christians, Muslims, and other religious minorities face legal vulnerability under Nepal's anti-proselytising provisions. Article 26(3) of the 2015 Constitution prohibits conduct that "undermines or jeopardises" the religion of others, and the Criminal Code 2017 (Section 158) prescribes up to five years' imprisonment for conversion. The law has been applied against Christian pastors, foreign missionaries, and individuals sharing religious content on social media.[5]

In practice, Christians face harassment from police, local officials, and Hindu nationalist groups. The US Commission on International Religious Freedom has repeatedly raised Nepal's anti-conversion law as a concern. Muslim communities in the Terai — many of whom trace origins to the Indian state of Uttar Pradesh — face social marginalisation and sporadic communal tensions.

Group Key Vulnerability Legal Provision
Dalits Caste discrimination, honour violence Weak enforcement of 2011 Anti-Discrimination Act
Madhesis Political marginalisation, land rights Federal delimitation disputes
Christians Anti-conversion prosecutions Criminal Code 2017, Section 158
Muslims (Terai) Communal tensions, marginalisation No specific legal protection
Table 1: Key ethnic and religious minority vulnerabilities in Nepal. Sources: USCIRF 2024, Amnesty International 2023.

Implications for Asylum Claims

Individuals from Nepal's marginalised communities may have well-founded protection claims based on ethnicity, religion, or caste. Dalit individuals who have faced violence for inter-caste relationships, or who have been expelled from communities due to caste-based conflicts, may qualify under the "membership of a particular social group" ground of the 1951 Refugee Convention.[6]

Christians prosecuted under the anti-conversion provisions may have religion-based claims. Madhesi individuals who faced targeted violence during the 2015–2016 protests also require careful assessment. Internal relocation to Kathmandu may be considered, but for individuals fleeing caste-based community violence, urban areas offer limited protection if the social network extends there.

For specialist expert evidence on Nepal's ethnic and religious communities, visit our expert witness directory. Our Nepal country reports and Nepal asylum guide provide further practitioner support.

Conclusion

Religious and ethnic tensions in Nepal are rooted in centuries of caste hierarchy and ethnic marginalisation, not fully addressed by the 2015 constitutional settlement. Dalits, religious minorities, and Madhesis face documented discrimination and violence with limited state protection. For asylum practitioners, Nepal cannot be treated as a uniform country — individual risk profiles must reflect community, caste, and geographic context.


Footnotes

  1. Human Rights Watch, 'World Report 2024 — Nepal' (HRW, 2024).
  2. US Commission on International Religious Freedom, 'Annual Report 2024 — Nepal' (USCIRF, 2024).
  3. International Crisis Group, 'Nepal: Restructuring the State' (ICG, 2016).
  4. National Human Rights Commission Nepal, 'Status of Caste-Based Discrimination in Nepal' (NHRC, 2023).
  5. Article 19, 'Nepal: Criminal Code Restrictions on Religious Freedom' (Article 19, 2022).
  6. UK Home Office, 'Country Policy and Information Note — Nepal: Ethnic and Religious Minorities' (UKHO, 2023).
  7. Amnesty International, 'Nepal Annual Report 2023/24' (Amnesty International, 2024).
  8. Freedom House, 'Freedom in the World 2024 — Nepal' (Freedom House, 2024).

Sources

  1. Human Rights Watch, Nepal Reports 2023–2024, 2024.
  2. Amnesty International, Nepal Annual Report, 2024.
  3. USCIRF, Annual Report 2024 — Nepal, 2024.
  4. Freedom House, Freedom in the World 2024 — Nepal, 2024.
  5. National Human Rights Commission Nepal, NHRC Reports, 2023.
  6. OHCHR, Nepal Human Rights Situation, 2024.

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