The Nepalese path towards the constitutional protection of minorities: a comparative Asian perspective

In spite of seeming a state with substantial unitary features, especially after the so-called process of hinduization/nepalization, Nepal has evolved on the basis of diversities. This factual element has influenced the state-building phase, due to the acknowledgement of the existence of culture specific rules. This essay analyses the constitutional protection of minorities through a multidisciplinary comparative approach, focusing on the ethnic factor. It starts with an attempt to introduce the idea of the “new” Federal Democratic Republic of Nepal and its shift towards a secular and inclusive state founded on multiculturalism. Then, the study emphasizes the evolution of the contemporary legal and social framework of Nepal according to the concept of minority, comparing it with other multicultural experiences and underlining the outcome in terms of acknowledgment of the importance-and the existence-of cultural diversity and legal pluralism.