Supreme Court Orders Government to Avoid Disrespectful Terms for Former Child Soldiers and Provide Reparations

Kathmandu. The Supreme Court has issued a mandamus order in the name of the government to not use derogatory terms such as 'incompetent' or 'discharged' for former child soldiers of the armed conflict period.

A full bench of Justices Sapana Pradhan Malla, Sunil Kumar Pokharel, and Shanti Singh Thapa has ordered that such terms, which hurt the self-respect of former child soldiers, should not be used in government records and that they should be provided with just and equitable reparations (compensation) immediately.

The Supreme Court issued this verdict after hearing separate writ petitions filed by Lenin Bisht and Dr. Gyan Bahadur Basnet.

The Supreme Court's order states, "A prohibitory mandamus order is hereby issued in the name of the respondents not to use, and cause to be used, derogatory terms such as incompetent and discharged in state-issued documents and records for individuals like the petitioners who were not integrated into the conflict-affected army."

The Supreme Court, mentioning that the use of children under 18 years of age in armed forces is a war crime contrary to international humanitarian law, has also directed the government to enact laws to make this punishable. "It has been 24 years since Nepal ratified the Optional Protocol to the Convention on the Rights of the Child, yet no domestic law has been enacted to classify the recruitment of children in armed conflict as a punishable criminal offense," the order states, "The absence of such a law is itself a violation of the protocol."

The court has ordered the state to enact laws classifying the inclusion or use of children under 18 years of age in armed forces as a punishable offense and to take immediate steps for that.

The court stated that mere financial relief would not be sufficient to address the loss of educational opportunities, the impact on physical and mental health, and the damage to social reputation suffered by former child soldiers. "A mandamus order is hereby issued in the name of the Government of Nepal to arrange for immediate and adequate reparations for the petitioners," the verdict states. Earlier, the government's offer of a nominal amount was deemed insufficient, and the need for a package including education, health, and rehabilitation was highlighted.

The petitioners had demanded criminal charges against former Maoist leaders Pushpa Kamal Dahal 'Prachanda' and Dr. Baburam Bhattarai for recruiting child soldiers. However, the Supreme Court stated that this matter falls under the jurisdiction of the Truth and Reconciliation Commission and that since the petitioners have already filed a complaint there, the court does not need to comment further at this time. The court expects this to be resolved by the transitional justice mechanism.

This order has opened the way for thousands of youth who were used as child soldiers during the conflict period to receive respectful recognition and relief from the state.