Falling through the cracks: Opportunities and challenges in accessing justice amongst the Dalits in Nepal

Access to justice is recognized as a fundamental human right, yet Dalits in Nepal continue to face entrenched barriers despite legal protections against caste-based discrimination. Drawing on in-depth interviews with diverse stakeholders, a critical examination demonstrates how the caste system and gender hierarchies intersect to obstruct Dalits’ access to justice. While existing legal and institutional frameworks provide formal rights, their implementation remains weak, particularly in rural areas, due to poverty, limited rights awareness, institutional bias and lack of accountability. The article explores how Dalit women, in particular, face compounded marginalization through the intersection of caste and patriarchy, especially in cases involving inter-caste relationships. Legal recognition alone is insufficient without political will and systemic reform. Ensuring meaningful justice for Dalits requires a multifaceted, rights-based approach that moves beyond legal formalism by embedding intersectional, participatory and socially grounded practices. The findings challenge dominant legalist assumptions and call for a transformative model of justice capable of dismantling structural inequalities and enabling effective redress.