Revisiting Nepal’s Children Act, 2018: A Contemporary Legal Analysis

Revisiting Nepal's Children Act, 2018

Abstract

This article examines the constitutional protections afforded to children in 
Nepal. The Constitution of Nepal, a federal document, ensures a wide range 
of rights to children and outlaws all forms of discrimination against them. The Children Act ensures the right to confidentiality in criminal matters involving 
children, provides for diversion, prohibits the demand for bail, and forbids the imprisonment of children. The legislation also mandates that the state create 
a Children’s Court as a dedicated district-level court. However, the state has yet to constitute such dedicated Children’s Courts; instead, juvenile matters are currently handled by Juvenile Benches within District Courts. Moreover, both the Constitution and the Children Act remain silent on certain critical issues, such as mandating specialized expertise for judges presiding over juvenile justice matters. This paper discusses and critically analyses the constitutional and legal frameworks relating to children in Nepal.