Juvenile Justice System in Nepal

Juvenile Justice System in Nepal
A REPORT
ON
JUVENILE JUSTICE SYSTEM IN NEPAL
GGIC, BATTISHPUTALI
KATHMANDU
REPORT SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE REQUIREMENT
FOR
B.A Second YEAR, T.U
Juvenile Delinquency, PSY 312B
Submitted on: 2014/09/23
Submitted To: Submitted By:
Dr. Ganga Pathak Sneha Thapa
Golden Gate International College Symbol .no.4530085

Golden Gate Int’l College
Faculty of Humanities
Tribhuvan University
Battisputali
Certificate of Approval
On the recommendation of Supervisor Ms. Ganga Pathak, the report on Juvenile Justice System
in Nepal submitted by Ms. Sneha Thapa is approved for the examination and is submitted to
GoldenGate International College in partial fulfillment of the requirements of practical
examinations for Juvenile Delinquency.
………………………………
Approved By
Ms. Dr. Ganga Pathak
GoldenGate Int’l College
Faculty of Psychology

Acknowledgement
I would like to extend my sincere thanks to Dr. Ganga Pathak, our subject teacher for her regular
guidance and tireless supports she has provided throughout the study period. I would like to thank
for the guidance provided in due course of field visit.
I am also grateful towards my friends and teacher for the unconditional patience in helping with
my queries. I am very thankful for the different referential sources in the library, and sources online
too during this study.
This study could not be possible without the help of respondents, teachers and my friends without
whom I would have not been able to complete this report.
Ms. Sneha Thapa
Symbol .no. 4530085
GoldenGate International College
Battisputali, Kathmandu
Nepal

Table of Contents
Page .no.
Objectives of the Study………………………………………………………………..1
Introduction……………………………………………………………………………2-3
i. Background
ii. Concept of Juvenile and Juvenile Delinquency
Juvenile Justice System in Nepal……………………………………………………..4-12
i. Legal Framework
ii. Fundamental Requirements of Juvenile Justice System
iii. Legal Procedure and Process
Discussion…………………………………………………………………………….13
Conclusion……………………………………………………………………………14
Recommendation……………………………………………………………………..15
References…………………………………………………………………………….16

1
Objectives of this Study
 To understand Juvenile, Juvenile Delinquency and Juvenile Justice System
 To know the Functions of Juvenile Justice System
 To review and understand the Frameworks and procedures of Juvenile Justice System

2
Introduction
Background
The degrading handling of the child who are also known as the “future star” leads to most
of them being the juvenile delinquents. Others with the irresponsible, abusive parents may have
been the victims of their torture. Before the child’s rights were not taken into account and were
not considered as a necessity for the child. In Nepal, as majority of the families are depended on
subsistence Agriculture farming. Being a farmers family children are used in the farming business
from the age of very young. The children often in the developing process get influenced by their
peer groups to do some of the illegal activities leading to Juvenile acts. Traditionally in Nepal, in
the beginning all juvenile delinquents are tried to handle by the family itself. There was also a
system called panchayat and head of a small rural area who used to punish physically. Here the
Delinquents were treated harshly without considering their rights. Later the concept of Juvenile
Justice System prevailed where little changes were seen. After the practicing of Juvenile Justice
Provisions and procedure there has been improvements in the life of a child who is a delinquent.
Concept of Juvenile and Juvenile Delinquency
A Juvenile is referred as a Child, legally also known as a minor. A child below 18 years of
age are at their very crucial phase where if they are taught or experience the good activities are
prone to being positive and behave positively. But if their rearing lacks proper caring and support
then they tend to revolt or act differently wanting to violate the rules, norms and values; becoming
a deviant.

3
The term Juvenile Delinquency is an act that range from truancy to murder with such a
range of acts which are considered delinquent by law. A juvenile delinquent in Nepal is a person
who is typically under the age of 18 and commits an act that otherwise would have been charged
as a crime if they were an adult. The children who are delinquent show antisocial behaviors. In
comparison Boys are more prone to show delinquent behavior than the Girls.
These behaviors are the outcome of the unfulfilled or lacking aspects of their life which
are either individual or Situational. When a child feels the insecurity from parents or peer groups,
when he or she fears or is submissive, shows hostility and is impulsive then these can cause the
child to become deviant. In the other hand an environment given to the child plays a very big role
in influencing in becoming a deviant. The factors like home, school, parents, peer groups, T.Vs
and many more contribute in a child’s deviant behavior.
Some behaviors which are of no harm to others but can be cured by the Psychologist’s help
in the early stage when symptoms are noticed by the parents or teachers. But if their deviancy
harms others and breaks the laws then they are evaluated within the boundaries of Juvenile Justice
System.

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A Justice system is a system made by the society itself in order to give suitable justice
according to the crime committed by a person. So Juvenile Justice System is a system where the
offender’s age ranges from 16-18 who have different sets of rights and provisions. They are not
given sentences as given to the adult offenders. According to the sensitivity of their case and their
age they are handled with care and are not sent to jail rather to do some good works or sentences
to go to correction home for certain period of time.
Traditionally, Juvenile justice system has been taken as an essential and integral part of the
criminal justice system. The modern concept views it from different perspective. It has been widely
believed that the juvenile justice system cannot be taken as a branch of the criminal justice system
where the punitive approach is considered one of the important and indispensable elements. A
child might have conflicted with the laws, but he/she, as he/she has no intention to criminally harm
anyone is simply considered to have negatively confronted with laws. Therefore, the purpose of
the administration of juvenile justice needs to look from different perspectives.
. Helping the child to understand the consequence of the act he/she has committed
is a ‘fundamental object' of the modern juvenile justice system .The education, rehabilitation and
family or social reintegration are the desired and zealously protected goals. The notion of juvenile
justice calls for responsible and psychologically sensible institutions, procedures and outcomes. A
child is, thus, not investigated, prosecuted and adjudicated in the same way as an adult. The
diversion in treatment of children in relation to matters of justice is an urgent need where children
in conflict with laws are subjected to hardship of the criminal justice process. Furthermore, the
children in conflict with laws should be offered a chance to make a fresh start in the society without
permanent stigmatization. The basic principle of juvenile justice is that the child should not be
considered as a criminal, but as a person who need special care, love, protection and treatment for
resolution of his/her problem.

1. The International Covenant on
Civil and Political Rights (ICCPR)
1966:
The ICCPR, adopted by the
international community in 1966 and
ratified by Nepal on August 14, 1991,
deals with provisions relating to
juvenile justice.
1. The Constitution 1990:
Article 11 of the
Constitution of the Kingdom of
Nepal 1990(“The constitutio n”)
provides special protection and
promotional provisions in the best
interests of the children.
2. The Children Act, 1992:
The Children Act is an
outcome of the ratification of CRC
entirely dedicated to children’ s
rights. The Act has introduced a
concept of juvenile justice as a
separate branch of justice system.
3. Other Legislations:
There are a number of Acts
and Rules dealing with juvenile
matters. In particular, “ Muluki Ain”
the general law of the land, Evidence
Act 1974, Human Trafficking
Control Act, 1971, Police Act, 1956,
Prison Act, 1962, State Cases Act,
1993 Social Welfare Act 1991 and a
number of “Rules” including Court
Rules have prescribed provisions
that constitute Nepalese juvenile
justice system.
5
i. Legal Framework
Legal Framework on Juvenile Justice System
1.International Legal Framework 2.National Legal Framework
2. The Convention on the Rights of
the Child (CRC) 1989:
The CRC is the cornerstone
international instrument covering the
issue of child rights. The CRC was
ratified by Nepal on sept.14, 1990.
Nepal has ratified the UN
Convention on the Rights of the
Child. In fact, it was among the first
batch of nations to ratify this
convention to protect and safeguard
children's rights.

6
ii. Fundamental requirements of Juvenile Justice System
1.Rational and Humane:
The system should be promoting respect for the dignity of each person; e.g., the right to
life, freedom of expression, freedom from torture, the right to education, and the right to an
adequate standard of living, addressing developmental needs of children.
2.Children need to be treated with Humanity:
Forbids torture, capital punishment and life imprisonment without the possibility of release
for all persons below 18 years, while limiting the use of deprivation of liberty as a measure of last
resort i.e., when all other alternative solutions do not seem possible or adequate.
3. Child-Centered System:
A child-centered system recognizes the child as subject to fundamental rights and freedoms
and ensures that all actions concerning the child are to be guided by his/her best interests. There
are four guiding principle:
a. The best interests of the child
b. Non-discrimination
c. Participation, and
d. The right to life, survival and development.
Nepal has ratified the UN Convention on the Rights of the Child. In fact, it was among the
first batch of nations to ratify this convention to protect and safeguard children's rights. The article
40 of the Convention on "Administration of Juvenile Justice" prescribes:
"The rights of children alleged or recognized as having committed an offence to respect for their
human rights and, in particular, to benefit from all aspects of the due process of law, including

7
legal or other assistance in preparing and presenting their defense. The principle that recourse to
judicial proceedings and institutional placements should be avoided wherever possible and
appropriate."
The ratification of the Convention was followed by the adoption of the first children's law in the
country - Child's Act 2048 which was enforced in 1992. This Act makes several provisions for the
children in conflict with law.
(a)Age of Complete Innocence:
The "Children's Act, 1992" states in its Article No. 11 that children below 10 years of age are not
subject to any legal punishment and are pardoned for their acts against the law as they are innocent.
(b)Age of Quasi Liability:
If similar rather illegal action is done by children among 10 to 14 years of age they are subject to
imprison for the period of 6 months maximum or are persuaded to reform their behavior. But in
the case of children between ages of 14 to 16 years, they are subject to partial or half of the
punishment to the adult criminals.
(c)Age of Complete Responsibility:
Children who attended 16 year and above are regarded as the state of full responsibility and must
face the consequence of his/her delinquency.
iii. Legal Procedure
When a child comes in conflict with the law, they should not be treated in a way an adult
is dealt with. Keeping in mind the very basic principle of juvenile justice system that views
children not as a criminal but as a person who need special care, love, protection and treatment for
resolution of his/her problem. A child is, thus, not investigated, prosecuted and adjudicated in the
same way as an adult.
Thus things to keep in mind regarding the legal procedure and process for the children in conflict
with laws are stated step-wise below:

8
(A) Separate Unit or Police Official to be designated: Every police office shall have a separate unit
comprising of a qualified police official, pursuant to the prevailing law to investigate and inquire
on juvenile delinquencies. Until the formation of such a unit the police headquarter shall designate
any police staff for the job.
(B) Provisions relating to the Investigation: While inquiring or investigating on juvenile
delinquencies the police unit or staff formed pursuant to Rule 3 shall pursue the following
provisions in addition to the other provisions mentioned in the prevailing laws:
(a) Police staff shall wear civil dress instead of the police uniform,
(b) He/she shall introduce oneself by showing the identity revealing documents, and show
cause for the arrest while arresting the child.
(c) He/she shall inform the child of his/her legal and constitutional rights in the language
understood by him/her,
(d) He/she shall inform both the parents of the child as far as possible, to at least one if both
are not available, and in case there is no father and mother to the guardian about the
delinquencies of the child,
(e) He/she shall get examined the physical and the mental health of the child in the nearest
government hospital or by the doctor,
(f) He/she shall keep both the parents as far as practicable, and at least one and in absence of
father and mother the guardian in rohabar while conducting a Sarjameen.
(g) He/she shall request the service provider individual or institution to prepare a social study
report about the delinquent in the manner in format prescribed in the Schedule.
(C) Inquiry:
(1) The investigation and inquiry authority shall arrange for a child friendly environment so as
to enable the child to answer the matters asked to him/her.
(2) While conducting an inquiry pursuant to Sub-rule (1), it may be done in the presence of the
father, mother, guardian, lawyer or the representative of child welfare home or orphanage if
the child has been staying there.
(3) While conducting an inquiry pursuant to Sub-rule (1), the investigation and inquir y
authority shall inquire about the delinquency, family and social background and other
necessary matters of the concerned child.
(4) A child shall not be inquired for a period longer than an hour at once and shall not be
inquired at night too.

9
(D) Procedure for the Formation of a Juvenile Bench:
(1) Each District Court shall constitute a juvenile bench consisting of a social activist, child
specialist or child psychologist in addition to the District Judge.
(2) In the court having more than one District judge, the District Judge designated by the Chief
Justice shall work as the judge for the juvenile bench.
(E) Information to be given:
1) The juvenile court or bench shall provide immediately a copy each of charge sheet and
documentary evidences to the father, mother or guardian of the child, after the registration of
the charge sheet against the child.
(2)While giving information pursuant to Sub-rule (1), if the father, mother, or the guardian of
the child could not be found or if they deny to take such notice, it shall be provided to the
lawyer of the child.
(3) Notwithstanding anything contained in Sub-rule (1) and (2), the father, mother or the
guardian of the child may take the notice by being present in person before the juvenile court
or child bench.
(F). Qualification of Social Activist, Child Specialist or Child Psychologist :
The social activist, child specialist or child psychologist participating in the juvenile court or bench
shall have the following qualifications:
(a) Having Trained in field of child rights, child welfare or child psychology,
(b) Not convicted in criminal offense by a competent court.
(c) At least holding certificate level or equivalent.
(G). Selection of a Social Activist, Child Specialist or Child Psychologist:
(1) For the purpose of selection of social activist, child specialist or child psychologist to be
present in the juvenile bench, the District Court shall issue a Thirty day public notice and call
for application from among the individuals having qualification pursuant to Rule 8.
(2) The District Court shall send a list of persons deemed competent after the necessary
investigation from among the applicants called pursuant to Sub-rule (1) to the Ministry of
Women, Children and Social Welfare.

10
(3) From the list of receiving pursuant to Sub-rule (2), the Ministry of Women, Children and
Social Welfare shall send a list of persons to the Supreme Court for necessary advice who are
deemed to be competent pursuant to Sub-section (5) of Section 55 of the Act.
(4) The Ministry of Women, Children and Social Welfare shall appoint separate names of
social activists, child specialist, child psychologist for each District Court from list of social
activist, child specialist or child psychologist obtained from the Supreme Court.
(5) The facilities of the social activist, child specialist or child psychologist who present in
the juvenile bench shall be as prescribed by the Government of Nepal.
(6) Notwithstanding anything written anywhere in the Rule, if any of the social activist, child
specialist or child psychologist are no longer competent of or deny hearing a case, the District
judge shall appoint any of the social activist, child specialist, or child psychologist from
among the list prepared pursuant to Sub-rule (3) to participate in the proceedings of a case.
(H) Exercise of Jurisdiction:
(1) The judge, social activist, child specialist or child psychologist shall collectively hear the
case in a juvenile court or Bench. Provided that, even in the absence of all or some among the
social activist, child specialist or child psychologist the proceeding executed by the judge
shall not be declared invalid.
(2) The social activist, child specialist or child psychologist shall submit a written opinion
before the judge.
(3) After obtaining the opinion pursuant to Sub-rule (2) the judge shall declare the verdict of
the court.
(I) Hearing of the Case:
(1) The proceeding of the case shall be held in a child friendly environment.
(2) The juvenile court or juvenile bench shall use the language appropriate to the child's age,
and his/her physical and mental development.
(3)The juvenile court or juvenile bench shall inform about the nature of the offences and the
obtained evidences and witnesses to the juvenile offender.
(4) The juvenile shall be inquired in a separate room with an affixed camera within the
juvenile court or the District Court and the inquiry shall be displayed on the screen of the
bench.
(5)The juvenile court or bench shall appoint a child psychologist or a person able to
communicate with juvenile easily while conducting an inquiry pursuant to Sub-rule (4).

11
(6) While conducting an inquiry of the juvenile pursuant to Sub-rule (4), his/her father,
mother, guardian or lawyer can stay with him/her.
(J). Examination of Evidence:
(1) While registering the charge sheet against the juvenile, if the social study report is not
found attached with it, the juvenile court or bench shall order the service provider individual,
or institution or child welfare organization formulation in accordance with the prevailing
laws to submit such report.
(2) Anyone can file an application before the juvenile court to adduce evidence, in case of
availability of the evidence that negates the charges against the juvenile.
(3) If the application pursuant to Sub-rule (2) is obtained the juvenile court or juvenile bench
may grant permission to present such evidence.
(K) Examination of Witness:
(1) If the juvenile wants to present his witness by himself /herself in the juvenile court or
bench may permit to summon such witness.
(2) The witness summoned pursuant to Sub-rule (1) shall enjoy the facilities as mentioned in
the State Cases Rules, 2055.
(L) Age Determination: In case age of the juvenile has been disputed, the juvenile court or bench
shall determine the age of the juvenile based on the following documents:-
(a) The date of birth mentioned in the birth certificate issued by the hospital,
(b) In absence of certificate pursuant to Clause (a), the date mentioned in the birth certificate
issued by the local panjikadhari 's office
(c) In absence of the certificate pursuant to Clause (b), the date of birth mentioned in the
school character certificate or the date of birth as mentioned during the admission in the
school.
(d) In absence of the certificate pursuant to Clause (c), the age certified by the governme nt
hospital.
(M) Decision: The juvenile court or juvenile bench shall have decided the case within One
Hundred Twenty days after file the case.
(N) Details to be included in the Decision: In the decision pursuant to Rule 16, in addition to the
matters included in the prevailing laws, the following things shall be mentioned:-
(a) Summary of the charge sheet,

12
(b) Evidence adduced and examined,
(c) Summary of opinion of the social activist, child specialist or child, psychologist
participating in the juvenile court or bench,
(d) Arguments of the lawyer,
(e) Relevant Precedents,
(f) Basis and reason of the offense has been proved or not,
(g) Ratio decedent of the case,
(h) Methods to be applied to correct the child,
(i) Description of compensation or fine, in case if it is to be paid or submitted.

13
Discussion
“1. More than 200 children were working as porters at Kathmandu airport.
2. In the central jail, the children had to work for the elders. Sometimes they had to clean
sewage and toilets. The children were charged as adults.”
These are the two of many true facts about the 20 children, arrested as juveniles who lived
and worked in the streets of Kathmandu on 27th June, 1997 (UNICEF-Kathmandu). Even with the
different provision of Children’s Act over 80 percent were useless at that time. We can see that the
children at that time were lacking their Rights to Survival, Education, Development, Protection
and Participation. On the other hand, at the present the Juvenile Justice System of Nepal with help
of different national and international framework and provisions, is improving and sensitive
towards the issues related to juvenile delinquency, crime, child rights and their justice within the
system. Even with this system at the present, we all must be aware about the psychologica l,
behavioral, social, emotional failures that might make the child act irrationally and help them even
with the parents or in the court room.
Even with the juvenile crimes like stealing, running away, sexual offences in rural areas
and sexual abuse, robbery, arson, drug abuse, prostitution in urban areas of Nepal, these are
relatively a small problem in the South Asian Region. However as juvenile delinquency differs
from place to place and from time to time it is still a problem that with the help of different policies,
acts and the developing juvenile justice system can help to eradicate up to some limit.

14
Conclusion
I believe with the help of these many provisions and legal procedures that have been
brought nationally and internationally, the protection of the child’s psychological, emotional,
social and physical wellbeing can be dealt accordingly. If dealt rightfully today may make the
juvenile’s future bright and who knows when the child will become the rising sun in the future i.e
if given proper sentence.

15
Recommendation
 It would have been good if the Justice System can be done honestly without
any powers involved.
 The loopholes that we find within must be eradicated.
 The juvenile offenders must be treated according to their sensitive case.
 They must be given regular supervision for their betterment.
 They all must be taken to either Correction Home or Rehabilitation center
according to their case and not in jail.

16
References
 The Kathmandu Post. (May 4, 2014) ‘Juvenile Justice’ Online. Assessed on September
20, 2014 from: http://www.ekantipur.com/the-kathmandu-post/2010/05/04/oped/juvenile-justice/
207936/
 National Constitution Foundation. ‘Juvenile Justice in Practice in Nepalese society’ PDF.
Assessed on September 20, 2014 from:
http://www.ncf.org.np/upload/files/506_en_093_Juvenile%20Justice%20Nepal.pdf
 Center for Legal Research and Resource Development. ‘Juvenile Justice Project’ PDF.
Assessed on September 20, 2014: http://www.celrrd.org/wp-content/
uploads/2014/02/Juvenile-Justice-Project.pdf
 KnIC Nepal. (Feb 23, 2012) ‘Juvenile court (court for young) to deliver child-friendly
justice: Good move to address children’s issues!’ Online. Assessed on September 20,
2014 from: http://knicnepal.com/2012/02/23/juvenile-court-court- for-young-to-deliver-child-
friendly-justice-good-move-to-address-childens- issues/
 Psychology Report (Bhadra 31, 2070) ‘A report on Juvenile Justice System’ Report.
Assessed on September 20, 2014

Juvenile Justice System in Nepal

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