5 January 2025, Kathmandu: The Butwal Bench of the High Court Tulsipur issued a mandamus order on Sunday to safeguard children’s rights at the Child Reform Home (CRH) in Bhairahawa. The directive followed a Public Interest Litigation (PIL) writ petition filed by Advocacy Forum-Nepal (AF) and other human rights organizations.
A joint bench comprising Judges Jagat Bahadur Thapa and Sagar Bista directed the respondents, including CRH Bhairahawa, the Ministry of Women, Children and Senior Citizens, the Ministry of Home Affairs, and other government bodies, to address the issues highlighted in the petition.
Human rights defenders, including AF lawyers, had conducted field visits to CRH Bhairahawa, revealing severe shortcomings. The team reported that children in conflict with the law were deprived of fundamental rights, including access to education, recreation, and skill-oriented training.
“There are no reintegration programmes or psychosocial counseling for the children,” said AF’s Lumbini Province Senior Coordinator Basanta Gautam. He also emphasized the lack of open spaces and adequate facilities for entertainment, which have hindered the children’s growth and development.
AF’s Lumbini Province Coordinator, Indira Acharya, highlighted additional concerns, including the absence of effective legal representation for the children. “Juvenile cases are required to be resolved within 120 days under the Act Relating to Children, but this law has not been adhered to,” she noted.
Based on these findings, AF, in collaboration with other human rights defenders, filed the writ petition on 12 June 2024. During the hearings, the bench stated that it would review the operational procedures of the CRH to assess compliance with national and international standards.
The petition was pleaded by advocates including Basanta Gautam, Indira Acharya, and Shiva Prasad Gaudel. This ruling aims to enforce systemic reforms and ensure the protection of children’s rights in the reform home.
