Supreme Court orders new law on child soldiers, citing transitional justice Act's shortcomings

Nepal's Supreme Court has mandated the government to legislate against the use of child soldiers, emphasizing the need for a law that criminalizes the recruitment and involvement of individuals under 18 in armed forces. The court found that the country's existing transitional justice Act falls short of addressing this critical issue, particularly concerning former child combatants from the Maoist insurgency.

A full bench of justices highlighted Nepal's failure to fully implement international obligations, specifically the Optional Protocol to the Convention on the Rights of the Child, which prohibits and requires punishment for the use of children in armed groups. The recent amendment to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act was criticized for excluding child soldier involvement from the definition of serious human rights violations.

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Therefore, it is the responsibility of the state to enact laws that completely prohibit the recruitment, inclusion or use of children aged eighteen years or below in any armed force and make such acts punishable offences.

The court stressed that criminalizing such acts is a state responsibility and directed immediate legislative action. Beyond legal penalties, the ruling also calls for comprehensive rehabilitation and reintegration programs for former child soldiers, ensuring reparations address the full spectrum of harm. The court also ordered an end to the use of discriminatory terms like "disqualified" or "discharged" combatants in official records, asserting the need for dignified identities for these individuals.

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Since it is appropriate to provide individuals with a dignified identity, state agencies shall refrain from using discriminatory labels such as 'disqualified' or 'discharged' combatants.