Ministry Registers Bill to Amend Child Rights Act

Kathmandu. The Ministry of Women, Children, Senior Citizens and Social Security has registered a bill to amend the 'Child Rights Act, 2075' in the Federal Parliament Secretariat. The bill, registered by Minister Sita Kumari Nepali, proposes changes in the definition of children, the age of legal responsibility, and the child justice system. The proposed bill states that 'child means sons, daughters, as well as children of gender and sexual minorities.' Similarly, the definition of 'orphan child' has been revised to consider only those children found abandoned, whose parents' whereabouts are unknown, or who are left in hospitals, as orphans after certification by the District Administration Office. The bill aims to remove some legal ambiguities in the existing act and proposes that individuals involved in criminal acts found after completing 18 years of age will also be prosecuted and adjudicated by the juvenile court. The existing provision of not prosecuting children under 10 years of age has been amended to 12 years, which appears to fully exempt children under 12 from criminal liability. The amended bill has further tightened the prohibition of employing children as domestic workers and in hazardous work. A new provision has been added requiring mandatory approval from the District Administration Office based on the recommendation of the concerned local level before taking children outside Nepal for study, observation, or tours. The bill also introduces the concept of parole. Provisions have been made to reduce or waive the remaining period of reform for children in juvenile reform homes if their behavior improves, they continue their skills or education, or if they contract a serious illness. Furthermore, it is proposed to have the authority to send individuals who have completed 18 years of age in reform homes but have not improved their conduct to prison. In line with the spirit of federalism, the bill envisions a 'Ward Child Rights Committee' for the protection of child rights. This committee, chaired by the Ward Chairperson, will address children's issues and protection activities at the local level. The term 'child psychologist' has also been revised to 'child counselor.' According to the ministry, this amendment bill has been introduced to implement the fundamental rights guaranteed by the Constitution of Nepal, align with international practices, and make the child justice system more child-friendly.