Mapping the State and Pathways to Strengthen Services for Children in the Nepalese Juvenile Justice System

Abstract

Children in conflict with the law are a significant global concern. Although the actual number of children in conflict with the law globally is unknown, on any day in 2020, approximately 261,200 children were in detention (UNICEF, 2021). HRW (2019) estimates that about 1.5 million children worldwide are detained annually, often illegally and unnecessarily, and deprived of liberty and basic needs. In seven countries in South Asia, about 44,900 children were in detention in 2020, and children can spend considerable time in pre-trial detention in many countries, e.g., 410,000 children were held in remand centers globally in 2018 (UNICEF, 2021). An earlier report highlighted that 59% of children in detention in South Asia had not been tried and sentenced, and pre-trial detention is regularly used as a sanction, violating the right to be considered innocent until proven guilty (UNICEF, 2006). Furthermore, detention conditions are generally sub-standard, overcrowded, and deny children their rights, such as the right to appropriate health and education standards; also, they regularly house children with adults, which increases the risk for violence, abuse, and exploitation (UNICEF, 2006). Notably, higher-quality service delivery corresponds to positive outcomes for vulnerable youths (Sanders et al., 2017). However, many juvenile justice systems overlook these aspects as they are adult-centered and not adapted to the needs and rights of children. Nepal is also increasingly affected by children coming into conflict with the law. The Act Relating to Children, 2018 defines a child as someone who has not completed the age of eighteen. Nepal saw a 118% increase in the number of children in conflict with the law between 2017/18 and 2018/19 (NCRC, 2020) compared to a 70% increase from 2015/16 to 2016/17 (CCWB, 2017). However, juvenile delinquency in Nepal has received little attention from researchers, administrators, and social workers (CWIN, 2013). Furthermore, existing literature on the juvenile justice system in Nepal disproportionately focuses on describing the legal system (see CeLRRD, 2001; Ghimire, 2013; Khatiwada, 2005; Mainali, 2018; Sangroula, 2004; Silwal, 2006) rather than identifying potential entry points for evidence-based systems strengthening. The increase in the number of children in conflict with the law, the identification of multiple issues within the justice system globally, including deprivation of liberty and inadequate services, and an under-exploration of the service delivery within the Nepalese juvenile justice system warrant scholarly attention. This three-paper dissertation investigated the under-researched areas of the Nepalese juvenile justice system to map a comprehensive picture of the extant services and service delivery from the lived experiences and perspectives of the service providers, i.e., the employees of the juvenile justice system, including the juvenile bench workers, and the service users, i.e., children in conflict with the law residing in correctional facilities. The author conducted in-depth interviews with 14 employees working with major organizations in the Nepalese juvenile justice system, 14 social workers assigned to serve on juvenile benches, and 16 youths from correctional facilities. In addition, 150 youths from correctional facilities completed a structured survey. The results illuminated that the Nepalese juvenile justice system struggles to provide adequate services to children in conflict with the law. It exhibited children's unmet survival, protection, participation, and development needs. Employees of the correctional homes and children within them reported several challenges in meeting the food, shelter, health, and education needs of children; children were beaten, threatened, handcuffed, and even abused or exploited by other children within the system; children and young people could not freely express themselves and were not heard in matters affecting their everyday lives; and children had limited opportunities for skill development. The agency representatives of the juvenile justice system identified inadequate budget and meagre infrastructure and professionals as the major challenges in service delivery. Social workers on the juvenile benches expressed that the benches did not function as provisioned in The Act Relating to Children, 2018 since social workers rarely shared the bench with the judge, child-friendly infrastructures were largely absent and underused when present, the judges were inadequately trained, and social workers were not paid for their services or were underpaid. The findings also revealed serious well-being concerns for children in the Nepalese juvenile justice system, including inappropriate treatment and delayed or denied justice. The respondents’ suggestions to improve service delivery with the Nepalese juvenile justice system included immediately separating the youths from children; setting up standards for operating juvenile correctional homes; expanding and strengthening the homes, including increasing the daily allowances and allocating a separate budget for health; ensuring timely decisions on cases; using legal provisions effectively, including diversion and probation officers; providing adequate opportunities for skill development and income generation within the correctional homes; developing sufficient and appropriate human resources for the juvenile justice system, including social workers and counselors; and identifying and replicating good practices within the system. The dissertation highlights the key areas needing intervention, providing a vantage point to plan and implement the necessary intervention. Thus, it establishes itself as an essential reference document for social work practitioners, researchers, and policymakers concerned about improving services and service delivery for children in conflict with the law in Nepal.