Law for Criminalizing Children Punishment: Nepal First in South Asia, 54th Globally

Nepal has earned a rare global recognition for its new law!

In a recent update, Nepal emerged as the first South Asian country to implement the law that criminalizes corporal punishment of children.

The new Children’s Act 2018 introduced by Nepal Government also placed the Himalayan nation at the 54^th position globally for proposing this law.

Defining children as the ones under 18 years of age, the new law has placed 18 acts as violence and 11 acts as sexual offences against children.

Under the new law, the Government of Nepal calls for criminalization of following acts if involving children:

• Threat
• Discrimination
• Abandonment
• Showing movies or audio-visual materials meant for adults
• Sending children to Dance Bars, Casinos and places offering adult entertainment
• Sending children (of age below 6 years) outside without adults accompanying them
• Gambling
• Drinking and Smoking
• Tormenting through electronic or other forms of communication
• Illegal detention
• Handcuffing
• Involvement in political and vehicle strikes and sit-ins, and in any form of conflict
• Forcing of children to beg or wear clothes meant for monks and similar category people
• Engaging them in circus or magical programs
• Removing of children’s organs and medicinal experimentation
• Complaints against guardians, teachers, parents found accused of physical or sexual violence against children
• Revealing a child victim’s identity in sub judice

Anybody found guilty of involving in aforementioned crimes against children will be subjected to a fine not exceeding Rs 50,000 and imprisonment for a period of a year or below.

Revealing a child victim’s identity in sub judice also subjects the criminals to a similar fine and imprisonment period.

Commenting on the law, the Chairperson of Child Workers in Nepal Concern Centre Madhav Pradhan urged the government to clearly state the punishment for violation of the provision that prohibits employment of children below the age of 14 years in domestic services.

Meanwhile, Krishna Subedi, Chairperson of Child Nepal said the utilization of children workforce (below the age of 18) in hazardous work should be completely prohibited.

Stating that the new Act retained the old Muluki Ain’s provision of protecting children below 10 years immunity from criminal prosecution, Subedi said, “All children below the age of 12 and not 10 should have such immunity.”

He also called on the government for not taking responsibility of compensation for the child victim.

“The new law says that perpetrators will compensate. But what happens if the perpetrators flee or if they are not arrested for 20 years, should the children not get compensation?” he wondered.

Hope the new law and its proper implementation will free the Nepali society from ill-practices involving children.