Supreme Court issues directive on child rights

The Supreme Court recently issued a directive order in the name of the government for effective implementation of the national, international laws and treaties to eliminate domestic child workers and "Kamalari system" (keeping children as domestics to pay off debts) practiced in mid- and far-western regions of the country.

The court issued the order in response to a writ petition jointly filed by Som Prasad Paneru of 'Friends of Helpless Children' and Bibek Sharma Poudel, Abhilasha Risal, Kirti Thapa and Suresh Chapagai, LL.B. students of Kathmandu School of Law.

A bench comprising Sharada Prasad Pandit and Balram KC also directed the government authorities- the Prime Minister's Office and Cabinet and the Ministry of Education and Sports- to incorporate child rights issues in the school curriculum.

"Include child rights laws and international conventions along with the Child Rights Act, International Covenant on Civil and Political Rights (ICCPR) and Convention on the Rights of Child (CRC) and other child rights conventions in school curriculum," the bench stated.

The bench also drew the attention of the government authorities to effectively implement laws related to rights of the child. "Incorporation of child rights related documents and the awareness on child rights are effective ways of implementation of child rights," the bench added.

The bench also observed that it is the responsibility of the government to protect the rights of the child as per the national and international child rights documents. "Set up a national level fund in order to rehabilitate those children who have been working as Kamalaries and child labour in several western districts," the bench ordered.

The SC also ordered the government to strictly implement the Articles 9, 14, 15, 16, 18, 19, 28, 29, 31 and 32 of the CRC which have provisions to secure the rights of the child.

"The government is not implementing the provisions even though Article 126 of the 1990 Constitution and the Treaty Act 1990 require the government to do so," the bench observed.

Citing the custom of Kamalary in the western districts of Banke, Bardiya, Dang, Kailali and Kanchanpur as serious violation of child rights, the writ petitioners almost two years ago had moved the Supreme Court seeking its order to the government. Advocate Geeta Pathak Sangroula (Assoc. Professor, KSL) and Advocate Krishna Devkota had pleaded on behalf of the petitioners demanding for the release of domestic labours under the age of fourteen and establish a national level fund to rehabilitate those children.

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