Juvenile Laws at Nepal
Nepal's juvenile justice system has evolved significantly in recent years, emphasizing child-friendly legal processes, restorative justice, and specialized courts. Here's an overview of the current framework:
โ๏ธ Legal Framework
The Act Relating to Children, 2018: This legislation serves as the cornerstone of Nepal's juvenile justice system, mandating that cases involving children be handled in accordance with restorative justice principles. Section 39(1) of the Act stipulates that the juvenile justice system must be administered in line with restorative justice principles, and Section 39(2) allows for the prescription of additional restorative justice-related requirements.
Constitution of Nepal: Article 20(9) guarantees the right to child-friendly justice, reinforcing the commitment to protecting children's rights within the legal system.
๐ Juvenile Courts
Establishment of Juvenile Court in Bhaktapur:๎In response to Supreme Court directives, Nepal has established its first juvenile court in Bhaktapur, which commenced operations on April 15, 2025๎๎This court has jurisdiction over cases from Kathmandu, Lalitpur, Bhaktapur, and Kavrepalanchok districts, aiming to centralize and specialize juvenile justice proceedings.
Supreme Court Mandate:๎The Supreme Court has repeatedly instructed the government to establish dedicated juvenile courts to handle cases involving children, emphasizing the need for specialized judges and child-friendly facilities to ensure fair and timely proceedings.
๐ Restorative Justice Initiatives
National Judicial Academy Training ๎In September 2023, the National Judicial Academy of Nepal conducted a training program on juvenile justice for court officers and public prosecutor. ๎This initiative aimed to enhance the understanding and implementation of restorative justice principles among judicial personnel.
Lalitpur District Court Workshop ๎In June 2024, a workshop on juvenile justice and restorative justice was organized by the Lalitpur District Court, Nepal Forum for Restorative Justice, and Voice of Children. The workshop focused on mainstreaming restorative justice in juvenile justice cases and discussed the implementation of relevant sections of The Act Relating to Children.
5th Nepal Conference on Restorative Justice In August 2023, the Nepal Forum for Restorative Justice hosted the 5th Nepal Conference, focusing on restorative justice in Nepal's juvenile justice syste. ๎The conference emphasized the importance of child-friendly justice and the potential of restorative justice practices in reducing antisocial behavior among children.
๐ Challenges and Developments
*Overcrowding in Juvenile Correction Centers: Recent reforms, such as raising the age of consent to 18, have led to an increase in the number of adolescents aged 16 to 18 in juvenile correction centest. This surge has resulted in overcrowded facilities, deteriorating conditions, and increased incidents of violence, highlighting the need for a more nuanced approach to adolescent relationships and a reevaluation of existing laws.
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๎Nepal's juvenile justice system is undergoing significant reforms aimed at prioritizing the rights and well-being of children. While challenges remain, the establishment of specialized juvenile courts and the integration of restorative justice principles represent positive steps toward a more effective and compassionate system.
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