Supreme Court directs government to criminalise child soldier recruitment

Nepal's Supreme Court has mandated the government to enact laws that criminalize the recruitment and use of individuals under 18 in military forces, classifying such actions as severe human rights violations. The directive stems from a writ petition filed by Lenin Bista, a former Maoist combatant, who contested amendments to transitional justice laws for neglecting the concerns of child soldiers from the decade-long insurgency.

The court's ruling also prohibits state agencies from labeling former child combatants as "disqualified" or "discharged," deeming these terms discriminatory and contrary to constitutional guarantees of dignity and equality. The verdict emphasizes the need to provide individuals with dignified identities and calls for an end to derogatory language in official records concerning conflict victims.

“

Since it is appropriate to provide individuals with a dignified identity, state agencies shall refrain from using derogatory terms such as ‘disqualified’ or ‘discharged’ in documents and records relating to conflict-affected persons like the petitioner.

Furthermore, the court highlighted the inadequacy of financial support provided to former child combatants, noting that the Rs10,000 received by those discharged from Maoist cantonments, along with an unfulfilled commitment of Rs200,000, fell significantly short compared to the Rs500,000 to Rs800,000 given to adult combatants who opted for voluntary retirement. The state's failure to rehabilitate and reintegrate these former child soldiers was deemed a continuous violation of their rights, necessitating social reintegration programs to address trauma and social exclusion.

The Supreme Court expressed concern that the third amendment to the Truth and Reconciliation Commission Act excluded the use of child soldiers from the definition of "serious human rights violations." The ruling underscores the government's insufficient action despite the Comprehensive Peace Agreement and existing legal obligations, stressing the urgency of legal reforms to protect children's rights in conflict.

“

Unlike a single event in the past, the government’s failure to rehabilitate these individuals has perpetuated an unjust situation continuously.