The Madhesi Caste System in Nepal — Author: Bhaskar Mehta Page 1 of 7 THE MADHESI CASTE SYSTEM IN NEPAL A Comprehensive Analysis of Social Stratification, Historical Codes, and Contemporary Dynamics in the Terai Author: Bhaskar Mehta TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Introduction and Regional Context . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Traditional Hierarchy of Caste-Origin Madhesi Hindus . . . . . . . . . . . . . . . . . . . . 3 3. Madhesi Castes in the National Legal Code (Muluki Ain of 1854) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Socio-Cultural Dynamics Beyond Hierarchy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. Modern Legal Framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6. Persistent Challenges and Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 References TABLE OF FIGURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Figure 1: Geographic alignment of the Terai plains, forming a contiguous socio-cultural zone with northern India . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Figure 2: The 1854 Muluki Ain stratification schema . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Figure 3: Constitutional equal protection framework 1. Introduction and Regional Context The Madhesi people are a socio-culturally distinct population living mainly in the Terai (Madhesh) plains of southern Nepal [1] . The region borders the Indian states of Bihar, Uttar Pradesh and West Bengal, and the Madhesi community shares deep cultural, linguistic, marital and religious ties across that open border [2] Unlike the hill-origin Khas/Parbatiya groups and most indigenous (Janajati) peoples, Madhesi social structure is closely tied to classical South Asian Hindu notions of varna (the four-fold order) and jati (endogamous birth-groups) [3] Historically, three societies in Nepal operated under formal four-varna hierarchies: the Khas/Parbatiya of the hills, the Newars of the Kathmandu Valley, and the Madhesis of the southern plains [3] . Within the Madhesi Hindu population, scholars have documented dozens of caste groups, commonly counted at around forty or more, spanning the whole range of traditional Hindu stratification [4] Socio-demographic overview. Madhesi society is not a single caste or religion. It includes high-caste ‘twice-born’ groups, agricultural and artisan middle castes, service castes, Dalit communities, and non-Hindu populations such as Terai Muslims. The word ‘Madhesi’ is therefore best understood as a regional and political identity that contains many internal hierarchies. The Madhesi Caste System in Nepal — Author: Bhaskar Mehta Page 2 of 7 1.1 Why the Terai matters The Terai holds a large share of Nepal’s population and most of its fertile agricultural land [4] . Its history of migration, trade and intermarriage with the Gangetic plain means that caste in the Terai has often followed patterns familiar from northern India, including the dominance of landholding castes, the ritual authority of Brahmins, and the economic dependence of landless Dalit labourers. At the same time, the Terai has been politically and administratively integrated into the Nepali state, which brought Madhesi caste groups under a Nepali legal code and, later, under national debates about citizenship, language and representation [5] 1.2 Scope and method This paper is a descriptive, desk-based overview. It summarises published scholarship on how Madhesi caste groups are classified, how the 1854 legal code treated them, how Muslim and indigenous communities of the Terai relate to the caste order, and how the modern legal framework tries to dismantle caste discrimination. It does not report new field data, and the group names used are those found in the literature; individual communities may prefer other self-designations. HIMALAYAN REGION (High mountains) HILL REGION (Khas / Parbatiya, Janajati, Newar valleys) SOUTHERN TERAI PLAINS (MADHESH REGION) OPEN INTERNATIONAL BORDER NORTHERN INDIA (Bihar / Uttar Pradesh / West Bengal) N S Figure 1: Geographic alignment of the Terai plains, forming a contiguous socio-cultural zone with northern India 2. Traditional Hierarchy of Caste-Origin Madhesi Hindus The traditional Madhesi Hindu order follows the four classical varnas — Brahmin, Kshatriya, Vaishya and Shudra — and is usually described in five or six working categories, from the high-caste ‘twice-born’ ( Tagadhari ) to the historical service castes [3] . Table 1 summarises the major groups and their traditional occupations. Varna / Category Major caste groups (jatis) Traditional social roles Twice-born (Brahmin) Maithil Brahmin, Kanyakubja Brahmin Priesthood, religious scholarship, ritual and academic leadership Twice-born (Kshatriya and scribe) Rajput, Kayastha Rulers, warriors, administrative scribes, landholders, statecraft Twice-born (Vaishya) / upper middle Baniya (Marwari, Aggarwal), Yadav, Kushwaha (Koeri) Commerce, trade, financial services, dominant agrarian roles. Yadavs claim Yaduvanshi and Kushwahas claim Suryavanshi Kshatriya lineage Upper Shudra (‘pure’ castes) Kurmi, Halwai, Sunar, Lohar, Kumhar, Mallah, Nuniya, etc. Agriculture, cattle rearing, confectionery, goldsmithing, blacksmithing, pottery, fishing The Madhesi Caste System in Nepal — Author: Bhaskar Mehta Page 3 of 7 Varna / Category Major caste groups (jatis) Traditional social roles Lower Shudra (occupational service) Teli, Kalwar, Sudi, Hajam (Thakur), Rajbhar, Kath Baniya, etc. Oil pressing, alcohol brewing and trade, barbering, timber trade, boatmen Service castes and Dalits Paswan (Dusadh), Musahar, Chamar (Harijan/Ram), Dhobi, Dom, Khatwe, Tatma, Pasi, Bantar Agricultural wage labour, leatherwork, weaving, washing, bamboo crafts, cremation services Table 1: Traditional categories of caste-origin Madhesi Hindus 2.1 Ritual status, occupation and land Ritual rank and economic power did not always line up. Maithil Brahmins and Kayasthas held high ritual and scribal status, yet in many districts the dominant landholders and political patrons were from other groups. Agrarian middle castes such as Yadav, Koiri and Kurmi grew in economic and political weight in the twentieth century, and several of them have used Kshatriya-lineage claims as part of a long process of seeking higher social recognition [3] Placement of particular jatis in the table above is therefore approximate: it differs between regions, between observers, and over time. 2.2 Purity, commensality and marriage Three practices have historically maintained the hierarchy: endogamy (marriage inside the jati), commensality rules (who may accept water or cooked food from whom), and occupational specialisation tied to birth. Dalit groups such as Musahar, Dom and Chamar faced exclusion from wells, temples and tea shops, and many were bound to landlords through debt and wage dependency [6] . Although these rules have weakened in towns, they remain visible in village life, marriage choices and everyday social contact [6] 3. Madhesi Castes in the National Legal Code (Muluki Ain of 1854) In 1854, Prime Minister Jung Bahadur Rana promulgated the Muluki Ain (National Code), which for the first time arranged all ethnic and caste groups in the kingdom within a single, state-enforced Hindu hierarchy [3] . The code assigned rights, duties and punishments according to a person’s rank. Two persons committing the same offence could receive different penalties depending on their caste, and rules on purity, marriage and food were backed by the power of the state [7] The code is usually summarised in five broad tiers (Figure 2, below): • Tagadhari (sacred-thread wearers): the highest group, including Brahmins of the hills and plains. Madhesi Brahmins are referred to in the code as ‘Desi’ Brahmins. • Matwali (alcohol-drinking) groups: divided into non-enslavable ( Namasinya ) and enslavable ( Masinya ) categories. Many Janajati communities were placed here. • Pani na chalne, chhoi chhito halnu naparne : water-unacceptable but touchable castes. In the code this tier also included Muslims and Europeans, who were termed ‘Mlechha’. • Pani na chalne, chhoi chhito halnu parne : untouchable castes, including occupational service castes and Dalits, who faced the most severe legal and social exclusion. The Madhesi Caste System in Nepal — Author: Bhaskar Mehta Page 4 of 7 3.1 Effects on the Terai The code mapped Madhesi castes onto a hierarchy that had been designed mainly around hill Hindu society. Madhesi groups, whose own caste practices came from the Gangetic plain, were fitted into this scheme from outside. The result was that the state, rather than local custom alone, became a guarantor of caste privilege, and caste rank gained a legal meaning that reached into land rights, punishment and access to justice [7] For the Madhesi, the code also fed a longer-term feeling of unequal incorporation. The hill-dominated state treated plains society as a distinct category, and the later politics of language (Nepali versus Maithili, Bhojpuri and Awadhi), citizenship and recruitment into the army and civil service drew on this sense of separation [5] Tagadhari Sacred-thread wearers Matwali (alcohol-drinking) Namasinya / Masinya Pani na chalne, chhoi chhito halnu naparne Water-unacceptable, touchable Pani na chalne, chhoi chhito halnu parne Untouchable Highest ritual status Lowest ritual status Figure 2: The 1854 Muluki Ain stratification schema 4. Socio-Cultural Dynamics Beyond Hierarchy A purely varna-based account leaves out much of what makes Terai society complex. Religion, indigeneity, class and political identity all cut across caste lines. 4.1 Terai Muslims Terai Muslims follow Islamic personal law, yet they also show features often associated with caste, such as occupational specialisation and a tendency to marry within the community or its sub-groups [4] . In the 1854 code they were classed as ‘Mlechha’ within the touchable but water-unacceptable tier. In modern Nepal, Muslims are recognised as a distinct group and are among the Madhesi communities that claim recognition and inclusion, while keeping their own religious and cultural identity. 4.2 Indigenous groups of the Terai Several Terai peoples, including the Tharu, Rajbanshi and Dhimal, are indigenous to the plains and many reject the label ‘Madhesi’. They maintain separate socio-political identities and are classed as Janajati rather than as caste-origin Hindus [8] . The relation between ‘Madhesi’ and ‘indigenous’ claims has been a recurring point of negotiation in Terai politics, for instance in debates over provincial boundaries, quotas and the naming of provinces. The Madhesi Caste System in Nepal — Author: Bhaskar Mehta Page 5 of 7 4.3 Madhesi Dalits Madhesi Dalits experience a double marginality: they are at the bottom of caste order within Madhesi society, and they are also in a region that is itself often described as politically under-represented at the national level. Landlessness, bonded or semi-bonded labour, low literacy and poor access to public services have been widely documented for groups such as the Musahar and Dom [6] . Dalit movements in the Terai have campaigned for land rights, access to education and effective enforcement of anti-discrimination law. 4.4 Language, culture and the Madhesh movements Maithili, Bhojpuri, Awadhi and Hindi are widely spoken across the Terai, and cultural life revolves around festivals such as Chhath and Jitiya as well as Maithil traditions of art and literature. These shared cultural markers helped build a common regional identity despite deep internal caste differences. The Madhes movements of 2007 and 2015 drew on that identity to demand federalism, proportional inclusion and a fairer citizenship regime [5] . Critics and participants alike note that unity around ‘Madhesi’ has sometimes sat uneasily with inequalities inside the community, especially from the perspective of Dalit and women activists. 5. Modern Legal Framework Caste-based legal distinctions were formally abolished by the new Muluki Ain of 1963, which replaced the 1854 code with a legal order based on equality before the law [7] . Over time the state added more explicit protections: • Interim Constitution (2007) and later laws strengthened the prohibition of caste discrimination and began to expand inclusion measures [9] • Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2011 made untouchability and caste-based discrimination a punishable offence [10] • Constitution of Nepal (2015) guarantees the right to equality (Art. 18), the right against untouchability and discrimination (Art. 24), the rights of Dalits (Art. 40) and the right to social justice and inclusion (Art. 42) [9] 5.1 Reservation and inclusion Under the inclusion policies adopted in the 2000s, a share of civil-service positions is reserved for groups including women, Adivasi/Janajati, Madhesi, Dalit, persons with disabilities and people from remote areas, with Dalits and Madhesis recognised as separate categories [9] . Reservation seeks to correct historical exclusion, though its design has been debated, especially the question of how to ensure that benefits reach the poorest Dalit sub-groups and not only better-placed members of larger groups. 5.2 Federalism and Madhesh Province The 2015 Constitution divided Nepal into seven provinces. Province 2, the only province located entirely in the Terai, was later renamed Madhesh Province. Federal structures give Madhesi political actors a platform to shape policy on language, local governance and development, although the Madhes movements have continued to argue that representation and citizenship rules remain incomplete [5] The Madhesi Caste System in Nepal — Author: Bhaskar Mehta Page 6 of 7 Constitution of Nepal 2015 Equal protection framework Art. 18 Right to equality Art. 24 Right against untouchability and discrimination Art. 40 Rights of Dalits Art. 42 Right to social justice (inclusion, reservation) Figure 3: Constitutional equal protection framework 6. Persistent Challenges and Conclusion Legal abolition has not erased caste. Studies and Dalit rights organisations continue to report discrimination in access to water, temples, marriage, housing and employment, as well as violence linked to inter-caste relationships [6] . Gaps between law and practice arise from weak enforcement, social pressure on victims not to file complaints, low legal awareness, and the economic dependency of many Dalits on landholding castes. Some of the main challenges identified in the literature are: • Enforcement: reporting and prosecution of caste-based crimes remain low compared with the likely scale of incidents. • Land and livelihood: landlessness among Dalit and other marginalised groups continues to limit independence and bargaining power. • Education and public services: gaps in school completion, health access and civil-service representation persist. • Internal hierarchies: inclusion policies and political movements can benefit larger or better-off groups more than the most excluded. In conclusion, the Madhesi caste system is best seen as one layer in a wider picture that includes religion, indigeneity, class and regional politics. The 1854 Muluki Ain gave caste a legal form; the 1963 code and the 2015 Constitution removed that form and added protections and inclusion measures. Yet the social order built over centuries has changed slowly. Reducing caste inequality in the Terai will depend on both stronger enforcement of existing law and sustained attention to land, education and equal political voice. References [1] Gaige, F. H. (1975). Regionalism and National Unity in Nepal. University of California Press. [2] Hangen, S. (2010). The Rise of Ethnic Politics in Nepal: Democracy in the Margins. Routledge. [3] Höfer, A. (1979). The Caste Hierarchy and the State in Nepal: A Study of the Muluki Ain of 1854. Universitätsverlag Wagner, Innsbruck. [4] Dahal, D. R. (2014). Social composition of the population: caste/ethnicity and religion in Nepal. In Population Monograph of Nepal, Vol. 2 . Central Bureau of Statistics, Kathmandu. The Madhesi Caste System in Nepal — Author: Bhaskar Mehta Page 7 of 7 [5] Jha, H. B. (2017). The Madhesi Upsurge and the Contested Idea of Nepal. Martin Chautari / Himal Books, Kathmandu. [6] Bennett, L., Dahal, D. R. and Govindasamy, P. (2008). Caste, Ethnic and Regional Identity in Nepal: Further Analysis of the 2006 Nepal Demographic and Health Survey. Macro International, Calverton. [7] Sharma, P. R. (2004). The State and Society in Nepal. Himal Books, Kathmandu. [8] Gurung, H. (2005). Social exclusion and Maoist insurgency. Paper presented at the National Dialogue Conference on ILO Convention 169, Kathmandu. [9] Government of Nepal (2015). Constitution of Nepal ; and Interim Constitution of Nepal (2007). [10] Government of Nepal (2011). Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 (2011). Note: reference details should be checked against the original publications before formal submission.