“While it is justified to respectfully identify the petitioners and those associated with them, it is hereby ordered that a restraining order be issued in the name of the respondent to the extent that the state bodies do not use words that are derogatory in nature, such as “expelled”
KATHMANDU:- The Supreme Court has ordered the government to provide appropriate and adequate compensation to child soldiers used during the alleged Maoist conflict.
A full bench of Justices Sapna Pradhan Malla, Sunil Kumar Pokharel and Shantisingh Thapa issued a mandate order regarding the identification, restitution and compensation of child soldiers. The court refused to order a criminal investigation into the then leaders Pushpa Kamal Dahal Prachanda and Dr. Baburam Bhattarai for recruiting child soldiers.
In a writ petition filed by Lenin Bista, the Supreme Court has ordered that child soldiers should also be given respectable recognition. The court has also issued an injunction prohibiting the use of words like ‘unfit’ and ‘excluded’ in documents and records issued by the state.
The Supreme Court’s order states, “While it is justified to respectfully identify the petitioners and those associated with them, it is hereby ordered that a restraining order be issued in the name of the respondent to the extent that the state bodies do not use words that are derogatory in nature, such as “incompetent/expelled,” in documents and records issued by the state to individuals like the petitioner who have not been integrated into the conflict-affected army.”
The court stated in its order that there was no reintegration and rehabilitation work for the victimized Bal Sena based on national, international law and judicial interpretation. Similarly, the court order stated that although the fighters who went on voluntary retirement appeared to have received financial assistance, the Bal Sena did not appear to have received any assistance.
The court has also issued a directive order to move forward with the process of amending the Act on the Establishment of the Truth and Reconciliation Commission to prohibit the use of child soldiers. The order states, “It is the responsibility of the state to enact a law that completely prohibits the inclusion or use of children aged eighteen years or below in any military force and makes such activities a punishable offense, and a directive order has been issued in the name of the opposing government agency to take immediate initiative in that direction.”
The court has refused to issue a warrant to the extent of the criminal investigation against Pushpa Kamal Dahal, Prachanda, and Dr. Baburam Bhattarai. The court has refused to order an investigation, saying that the Truth and Reconciliation Commission has the jurisdiction. The court has refused to order an investigation, saying that the question of individual accountability, including command, remains open and that the commission can make appropriate recommendations.
