Confidential source: A STUDY OF NEPALI PRINT MEDIA

A STUDY OF KAMLARI REPRESENTATION IN NEPALI PRINT MEDIA

A Dissertation submitted in partial fulfillment of the requirement for the Degree of Master in Arts to the Faculty of Humanities and Social Sciences of the Central Department of Journalism and Mass Communication

CHAPTER ONE:

INTRODUCTION AND BACKGROUND

Introductory Remarks

During the festival of Maghi[1] 2009, when Dang district was already declared as Kamlari[2] free zone, the researcher confronted couple of incidents which represented liberated Kamlaris and their situation after freedom[3].

It was the month of January. Bipatrani Chaudhari, who had been a Kamlari once, came to the researcher with her 10 years old daughter. She, at the time, was requesting to take her girl to Kathmandu to work as Kamlari. She told that she had no food at home and capacity of sending her girl to school. Though the researcher tried to convince the lady for not sending her to work and informed about government decision to offer education and rehabilitation schemes as well about the working organizations, nothing was worth. She was pleading to take her child so pitifully that anyone would take her.

Next was an incident few weeks after the researcher met with Bipatrani. Gita Chaudhary who was 12 years old and a student of grade three had been roaming around while her yearly exams were running. The researcher asked why she has not been to school. Pointing towards her extreme poverty, she replied that she had no admission fee for the school which costs less than 100 rupees. When she was offered with the fee to be admitted in school and continue her study, she was so indebted that she was insisting to stay as Kamlari in return.

The government had declared them free, years before and various organizations were working for their rehabilitation[4] , but the Kamlaris like Bipatraini and Gita were unknown about what is going around. They were neither informed about the government decision for rehabilitation nor they were persuaded that sending their children as Kamlari was against the child right and national law. As a media student, the researcher had a perception that media can be powerful tool for social transformation.

[…] media has got power to deliver information, set agendas, persuade, socialize, educate and satisfy needs of the marginalized for their social inclusion. The administrators and policy makers take mass media as important tool to bring about the quick behavioral change, and are ideal vehicle for transferring new ideas and models. ( Narula 89)

Experiencing these cases, and having being grown with the perception, the researcher was urged to ponder on the question “Do media carry any responsibility to address the needs of Kamlaris?” And the answer was yes! And that was sufficient to encourage and energize a critical mind to generate an academic interest over the Kamlari girls and fueled to dig more on the role of media in Kamlari rehabilitation.

As this study is a combination of an academic as well as practical research approach, the researcher, with the help of field study as well as literature, deals with the problem whether the mass media has helped Kamlaris in a process of changing from a group of ‘indentured slaves’ into an ‘individual citizen’ after their proper rehabilitation or not. The main focus of this study will be aimed at finding to what extent their rehabilitation is supported by mass media.

The Nepali Media and the Society

Though there is dispute regarding the capacity of media, none of the media theorist can exclude its social responsibility from its role. As McQuail says, a responsible media is expected to inform, to educate, to correlate, to entertain, and to mobilize the public. Directly or indirectly it results in addressing social issues.

In the service of the national development, the mass media are the agents of the social change. The specific kind of social change they are expected to help accomplish is the transition to new customs and practices and in some cases to different social relationships. Behind such changes in behavior must necessarily lay substantial changes in attitudes, beliefs, skills, and social norms. (Schramm 96)

Nepali media, too, from its beginning has been addressing social issues; nonetheless that in all cases did not contribute in social change. With the change in political system, Nepali media also has shifted its role from sustaining the existing system to institutionalizing democracy. To sketch the outline of the correlation between Nepali media and Nepali society we can relate the history of Nepali media to socio-political history of Nepal.

To trace the root of press in Nepal we have to go back to the Rana regime in 1851 when Prime Minister Jung Bahadur Rana installed a printing press[5]. The press was established at his palace for publication of the government decrees and materials. Few years after the establishment of the printing press inside the country, in 1898, Sudhasagar was published, and that became the first newspaper in Nepal. Gorkhapatra, a government daily, which is still in publication as a National daily, was first published as a weekly newspaper from Kathmandu in 1901. Though Rana regime can be regarded for the initiation of mass media inside the country, the then mass media performed very less in the favor of general people.

Timothy White in tracing out the legacy of slavery in Nepal claims that the story of slavery has been only narrated from the point of view of rulers not of the slaves “[…] the first is how it (narration about slavery) was orchestrated in this sense from the beginning by Chandra Shumsher; the second how the nationalist historians have told the stories of slavery this way since then, indeed how Chandra Shumsher’s orchestration still dominates the history of slavery.” (White 316). Believing White, we can easily assume that the voice of the margins was hardly represented in the then media. The media, like the history and literature, only orchestrated the Rana rulers rather than representing the voices of margin.

Although the need of the social reformist mass media was the most during the time, the limited mass media were involved in supporting their only objective by publishing pro Rana content. And most of other newspapers were literary. Any role except introducing democracy could hardly be expected during the time.

Although the date of Giddhe Press, Sudhasagar and Gorkhapatra are marked as the formal beginnings, “[…] the practical history of Nepali press began in the 1950s, after the fall of Ranas, when several pioneering journalists took to publishing newspapers in a transitional democracy” (Nepal 5). Nepali journalism bloomed only after the declaration of democracy in 2007 B.S.

The first Nepali daily paper, Aawaj, published right from the next day from the day democracy was declared. Gradually other newspapers started their publication. Even the national radio, Radio Nepal, was established. As Acharya says, the Nepali media, in true sense, developed further since then.

With the advent of democracy, the spirit of Nepali journalism emerged in the true sense. Awaj, the first daily newspaper was launched from the next day of the democracy announcement by then king Tribhuvan. One by next there appeared mushrooms of newspapers having variety of taste. Political papers were dominant in this period unlike in the Rana regime, in which literary magazines were in existence. (Acharya 34)

The mushrooming of the newspapers during a decade after the declaration of democracy ensures us that there had certainly been attempts to address social issues resulting in social change. But after the collapse of democracy in 1960, Nepali press enjoyed limited rights and hardly could represent people’s voice. Still the media, as a mission journalism worked for democracy. Acharya restates, “In 1960, King Mahendra Bir Bikram overthrew Nepal's parliamentary government and established the non-political party system, Panchayat. At the time press enjoyed limited rights and lobbied, […]. Three decades of the Panchayat regime were the period of mission journalism- the mission to achieve democracy through media awareness” (39). Budhathoki explains further the role of media persons struggle for democracy and to persuade people to join such struggles.

The journalists were fully involved in democratic movement working as freedom fighters and taking parts in campaigns launched by the political parties and the resistance groups. They exploited whatever limited freedom they had to disseminate news materials for mass mobilization and to convince people to join in democratic struggles. (Budhathoki 21)

After the Restoration of democracy in 1990, a drastic change was overseen in the Nepali Media, particularly in the private sector. Liberal provision and guarantee of press freedom enshrined in the constitution opened up avenues for the private sector to invest on media. The 1990's democracy yielded by the People's Movement also established rights and freedom of the press. The Constitution of the Kingdom of Nepal (1990) formally guaranteed the freedom of press and publication. The constitutional provision had a wide impact on the domain of media freedom. Since multiparty democracy was a new thing for the young generation, the first duty of the media was to educate people about the norms and values of the democratic system. Besides, the media contributed in exploring social evils, representing the voices of the margins and, as Onta says, in generating newer perspectives, “Media was the one sector which recorded massive growth in 1990s. The cumulative growth in all form of media has contributed to opening up Nepali society to new ideas and newer ways of looking at old issues” (77).

The social needs and the debates were initiated in the Nepali media after the restoration of democracy in 1990. The circulation and access of media among the public was multiplied by numbers. The humanitarian issues and voice of marginalized were part of the media content, as Rankin says, “Kamaiya system, which persisted in the terai even since the popular ‘People’s movement’ of 1990 became a favourite topic for news reporting, policy seminars and NGO initiatives” (133).

Kamlari Tradition

Kamlari, a practice as indentured slaves, is one of the positions women are given according to the division of responsibility within Kamaiya tradition.

There is a marked division of labour within the Kamaiya system, determined by a combination of traditional social relationships, production demands and the reproduction systems in western Nepal. Women are given different positions according to their work responsibilities. (Sharma 32)

Kamaiya, as well as Kamlari tradition, was deemed illegal with the Kamaiya prohibition act 2002. Supreme Court, by issuing mandamus in September 2006, urged the government for the effective implementation of the law against Kamaiya system. Did the law, as well as mandamus, redeemed the Kamlaris? As Timothy White in tracing out the legacy of slavery in Nepal comments the outcome of the action initiated by Chandra Shumsher Rana, it is not the “Kamlaris (slaves) redeemed, but the nation was redeemed” (316). It is still in practice in the South-Western lowland (Dang, Banke, Bardiya, Kailali, and Kanchanpur) of Nepal. The indigenous populations here propel their daughters to such servitude in order to feed rest of the family including several other causes. Sometimes girls are sent to urban families; other times they are an object of bartering between their fathers and local land owners. The practice of sending girls to far-off homes as a slave after a verbal contract is somehow identified with indentured servitude. Poor Tharu girls, as young as six or seven up to 18 are contracted to serve a master or employer for a specific period of time. Officially a typical contract (verbal) period is one year.

The system first noticed in the 1960s got public attention as a system promoting enslavement only at the outset of 1990s.[6] With the success of the democratic movement in the country in early 1990s, the plight of Kamaiyas was brought in front of a wide array of audiences, national and international, and mounted solidarity of concerns.

The Kamaiya system was first noticed by anthropologists in the 1960s (Robertson and Mishra, 1997), but it came to wider public attention only after the change of polity in 1990 due in major part to the work of a few non-government organisations. The 1990s can be credited as the decade of the freedom movement of Kamaiyas. (Sharma 33)

Public discussion initiated on Kamaiya and Kamlari issues only after restoration of democracy in 1990 clearly meant that it was because media got freedom to report on whatever they saw from their objective lenses. It was the reason why the debate over the issue was possible. Also the voices from media supported various groups to capacitate themselves so that they could influence the policy people to bring some positive changes.

Kamlari system and the legal framework

International human right laws equate the tradition of Kamlari to the multiple violations of the human rights. The Kamlaris have to suffer violations of plethora of rights including civil and political rights like right to personal liberty and economy, right to bodily integrity, right to freedom of movement and expression, right against torture, right against discrimination and right to be free from forced labor, cultural and economic rights such as health, free access to education and favorable working conditions.

As NHRC states the interim constitution of Nepal 2063(2007) is the overreaching legal framework that prohibits human trafficking and confers certain fundamental rights for women and children. Article 29 of interim constitution of Nepal guarantees all people the rights against exploitation and prohibits trafficking of human beings, slavery, serfdom and all forms of forced labor. Similarly Article 20 ensures the women’s right and prohibits discrimination and violence in any form against women and provides such violence to be punishable by law. The interim constitution also guarantees child rights to their own identity and rights against exploitation and provides such exploitation punishable by law. The constitution also guarantees numerous other fundamental rights and freedoms including the right to equality and non-discrimination, the right against untouchability and racial discrimination, education and cultural rights, employment and social security rights, the right to social justice, legal rights and freedom from torture, the right and labor rights.

Supporting legislations against this system such as the Children’s Act 2048,[7] the Child Labor (Prohibition and Regulation) Act 2056,[8] and the Kamaiya Labor (Prohibition) Act 2058[9] also exist.

In September 2006, the Supreme Court decision issued a mandamus to the government ordering to effectively implement existing law (Kamaiya Labor Prohibiting Act) which prohibits child exploitation including Kamlari system , to enact legislation on domestic helper to control child labor exploitation, and to make necessary arrangement for the protection of their interest and social security.

Besides these, Nepal is party of several human right instruments including 1926 slavery convention and the 1958 Supplementary convention on abolition of slavery. The government has rectified Forced Labour convention (No.29) in 2002 , Abolition of Forced Labor convention (No.105) in 2007, Minimum age convention (No.138) in 1997 and ILO Convention (182) on Worst Forms of Child Labor (2002).

International treaties that Nepal has ratified have obliged Nepal to take legal, administrative, judicial measures to prevent the system. Nepal has enacted legislations to meet its international obligation. Being a party to these Conventions on Rights of Child and Labor, the Government of Nepal is under the obligation to take the necessary actions to end discriminatory practices.

Ethnic identity of Tharu and the Kamlari System

Tharus, the indigenous people living in the Terai plains of Southern Nepal are mostly found as Kamaiya and Kamlari. According to a survey on bonded labor, which was done by BASE,[10] every bonded laborer in the far west is Tharu. And of the landlords, 97 percent were Pahaadis (Brahmins, Chhetris or Thakuris).

According to Nepal’s 2001 census, there are 1,533,879 ethnic Tharu (6.75% of Nepal's total population). Though Tharus in Nepal are concentrated in Terai lowlands[11] as well as in the inner Terai valleys of Chitwan, Dang- Deukhuri, Surkhet and Udaypur, but the Kamaiya labor system existed in the Banke, Bardiya, Kailali, Kanchanpur as well as Dang districts only.

The Tharus are connected with Terai as they were successful to sustain their livelihood by developing immune power against Malaria. They lived in isolation in malarial swamps until the 1950s, when World Health Organization helped the Nepal government to eradicate malaria in the Terai region. Only then after other caste groups started their settlement with those ‘first settlers’. As Gunaratne says others are invaders.

Following the malaria eradication projects in the terai in 1950s, there was an influx of the state encouraged migration, mainly of the high class populations from the northern hills who were closer in terms of cast, language and culture to the ruling elites. (68)

With the non Tharu invasion, Tharus in these areas faced severe problems like deforestation and natural calamities, and discriminations. Among them, the most severe was probably the bonded labor system.

Today the scenario has changed to some extent. Like other communities, the Tharu community is undergoing tremendous change. There is a wave of reform among the educated young Tharus. Bista supports “there are welfare organizations which have made efforts to publish information about Tharus and encourage education among Tharus of the interior region.” (81). Similarly Mc Donaugh says, “In terms of education, there was a very considerable change with the rapid rise in the numbers of Tharu children going to higher school and as well as Tharu students passing SLC and even going higher education (154).

However, still the poor educational status among the communities prevents Tharu children to be competitive enough with the rest.

The literacy rates bear silent testimony to lost childhood of the tharu children. The literacy rate for Kamaiya is 15.7 percent compared to 39.8 for Nepal in general and in general 25 percent for tharu. Within kamaiya families, it is 11.2 percent. Disaggregated data revel more distressing picture. The literacy rate for males in Kamaiya families is 17.2 percent and for the females minuscule 3.6 percent- less than tenth of the national average. (Cheria 20)

From this figure, we can speculate one of the various reasons for the tharu girls found as the Kamlaris. Unlike Bista and McDonaugh above, Sharma is with a different view to support Cheria. He says Kamaiya is still in practice, be it in changed forms.

Although the Kamaiya system has been abolished by the government decree, new research incites that exploitative labor practices persists in the numerous changed forms. The government initiated liberation of Kamaiya caused many families to send girls into labor. Right from the age when they should have joined schools, children from Kamaiya families start training for the child labor force, be it in their own or in employer’s households. (Sharma 17)

There is a pressure from reformist groups on the families of poor Tharu families not to send their girls for Kamlari, but because of the poor rehabilitation initiatives they are compelled, as Sharma says, to adapt Kamlari system in its changed form.

Statement of the problem

If we believe the Theorists who discuss the functional role of media, media serve as a tool to make citizens informed on particular cause, educate them on what they inform, persuade the stakeholders and mobilize the people for a particular cause. Same applies to the issue of Kamlari. Means – media, as being a watchdog of society, can bring various issues related with Kamlari system to public for open discussion, make people know about the problems, help them hold proper perception, motivate them to be united and get mobilized to achieve the intended effect. Remarkably, media can help make geographically confined issue a national issue and are causative to the policy influence. In case of Kamlari rehabilitation , Media, being based on various national and international commitment and legal framework , can raise issue , carry out advocacies and mobilize the national and international resource sensitizing stakeholders.

Although there have been number of studies on mass media, and socio economic segments of the Kamaiyas, no specific study has ever been made on potential role of media for strengthening minority, specifically for the Kamlaris. It is therefore intended to take up a research study over the subject in a place like Dang and this potential subsystem.

Research Questions

As expressed above, media by raising the issue and making it known to general people including policy makers, contributes to a larger extent to bring about changes on their level of knowledge and the way of behavior. As pointed out by behavioral theory of media, change achieved whether it be pro-social or anti-social, at least speaks about how personal behavior and attitude get influenced by media. The research, by any means, gives some picture how perception of Kamlari changed in society and has tried to discover the role of mass media in the emancipation process. They will be discussed both as the content of the media and as users of the media content. The main questions addressed by the researcher are:

· How the media has addressed the issues of Kamlaris.

· How Kamlaris feel about media performance.

Significance of the study

Obviously, media with its persuasive power and influencing behavior creates the different atmosphere on what issue it raises and put on priority. As expressed overtly by effect theorists, media brings both the long term and short term effect to its audience. In the same line, what is assumed here is media must have produced any sorts of effect on Kamlari rehabilitation issue. That might be for making the issue public and hot, helping rehabilitation process, change policy and accelerate the pace of activities to address the issue. The research to some extent attempts to throw light in this reference.

The research will not only produce research of academic interest but will represent groundwork for the establishment of policy agenda among the media workers and make significant contribution to the knowledge in the area of communication and minority studies.

Limitations of the Study

Some of the limitations should be considered while generalizing the findings of the study. The references for content analysis have been taken only from four National Dailies of Nepal. Limitation only on the newspapers is based on a decision to limit the resources necessary to gather the information, but still to provide a representative picture of news that Nepalese audiences are exposed to.

Similarly, the survey in this study holds certain limitations; most notably it includes opinions of Kamlaris in non-statistical functions and asks about performance in general.

Organization of the study

Following appropriate research methodology, this study is divided into 4 chapters.

The first chapter discusses on the background of study topic, objectives of the study, its significance, limitations and organization of the study. This is an introductory chapter.

The second chapter concerns with the review of literature. It examines related prongs of research relevant to this study. It concludes by explaining the theoretical framework and relevant literature on the ‘effect’ theories supporting the research questions.

Chapter three outlines the methodology. Concerns have been given on different techniques of procedure including data collections and other related information for the critical analysis.

Chapter four consists of data analysis and presentation including outcomes.

Chapter five is the concluding chapter. It consists of achievements and findings of the study and provides necessary recommendation for further initiatives.

CHAPTER TWO:

REVIEW OF LITERATURE

This chapter intends to establish a framework presenting a critical summary of the existing principal literature as well as theories around the field. This allows a precise understanding of the need for this research and central issues existing in this discourse.

Media effect: A Theoretical Perspective

Although the media effect or impact cannot be measured exactly, the earlier media researchers tend to assume that powerful media messages act directly on media audience, which is passive and powerless - the so called “hypodermic” model of effects. This approach has often been challenged, most recently by the theory of the “active” audience, which argues that audience use media messages to satisfy various individual needs and produce meaning according to their own already established beliefs.

Similarly, another model, the “uses and gratification model” assumes that the individual value and interests leads to a selected perception and shaping of what was seen and heard. What is taken from the media might depend on individual preferences and psychological needs.

Another model, “encoding / decoding”, formulated by Stuart Hall, uses semiotic approaches to analyze media effects. This model allows both for the power of media to “affect” audience and for the power of people to choose what to be “affected”.

Similarly Hall emphasizes that two factors are influential in the process of receiving meaning. On one hand communicators choose to “encode” messages for ideological and institutional proposes and give a “preferred reading”. On the other hand, “receivers (‘decoders’) are not obliged to accept messages but they can and do resist ideological influence by applying different or oppositional readings, according to their own experience and value” (McQuail 351).

McQuail also gives a more systematic analysis on this encoding/decoding process. He claimes, “the media ‘construct’ social formations and history itself by framing images of reality in a predictable and patterned way, and the people in audience ‘construct’ for themselves their own view of social reality and their place in it” (McQuail 331).

Similarly, McQuail quotes Defleur “members of a particular category will select more or less the same media content and will respond to it in roughly equal ways” (McQuail, 339). Secondly, different response occurs in individual difference, such as personality, interest, knowledge, background, and attitude. According to Defleur , “media messages contain particular stimulus attributes that have differential interaction with personality characteristics of audience members” (McQuail 339). Therefore, different people are selectively exposed to media messages and they interpret it in different ways.

The evidence shows that in modern media generation, media effects can be shaped by several factors. As Klapper says, quoted in McQuail, “mass communication does not ordinarily serve as a necessary or sufficient cause of audience effects, but rather functions through a nexus of mediating factors” (McQuail 329). That is to say, the media are unlikely to be major contributors to the effects as several factors can influence the effects. “It is also believed that media effects vary from source, content, channel, receivers and social environment” (McQuail 339). Since the media are a main source of information, education and entertainment in our everyday lives, people are incessantly exposed to a number of messages from various media sources.

It is undeniable that the mass media has a considerable impact on various aspects of society although it is difficult to establish the degree of its effect. Although some communication researchers have found and theorized this phenomenon, there is no consensus of view about the nature and the size of media effects. (McQuail 351)

It is unlikely that scholars will ever able to make definitive statement regarding the effect of media on minority groups or any other segment of the society. This is because “communication is not a physical science, but a behavioral process. The role and effect of media are not as predictable as the result when two chemicals are mixed in a laboratory” (Wilson 19).

Defining the Key Terms: Media role, Rehabilitation and Kamlaris

Role of media

Media hold an important position in a country, as legislative, executive and judiciary bodies of a government do. As the fourth organ of any government it serves the people by disseminating information and making the people well-informed. Similarly it, as a powerful tool of disseminating information, serves the society by educating and motivating them for taking initiatives in development and change.

Communication is used for information, persuasion and as a vital instrument for social and political change associated with sectorial development. The studies based on the new theories of communication have supported the role and power of mass media in, for example, setting an agenda for public discourse; influencing public opinion; persuading or educating in context of planned campaign; providing role models for children and others to imitate; providing varied gratifications that may meet audience needs; and cultivating audiences’ perception of society. They are envisioned as an independent social institution, a fourth estate of the government, charged with making certain that all other institutions - the three branches of the government, business, religion, education and family serve the public. (Bryan and Davis 26)

To say briefly, mass media are expected to serve essential functions in society by accepting and fulfilling certain obligations. McQuail supports, “a responsible media is expected to inform, to educate, to correlate, to entertain, and to mobilize the public” (McQuail 341).

The researcher hereafter has considered the Role of media within the criteria of abovementioned concepts.

Rehabilitation:

Another key and controversial concept that we discuss in this study is rehabilitation. It also needs the clear definition what rehabilitation mean in terms of Kamlari emancipation process. Paul Streen has summarized basic need as:

“access to adequate food, access to adequate shelter, access to education, Security of livelihood, Participation in decision making and, uphold of persons’ dignity and self-respect. (138)

Similarly according to the Oxford Learners’ Dictionary, “rehabilitation means to help someone to have a normal and useful life again after a gap or lapse” (OLD). Here after, the research takes the term rehabilitation in terms of the fulfillment of basic needs after rescue of the Kamlaris as Paul Streen has defined. The role of media in this context of rehabilitation is considered to provide information regarding the rehabilitation, advocate from the Kamlari’s side for their betterment and helping them to make the availability of better quality of life by correlating their needs with other subsystems of the society.

Kamlari

A simple way to distinguish "Kamlari" from other type of slavery and bonded labors is in terms of gender and ethnicity. Kamlaris are associated with a particular Tharu community and mostly they are females. They are categorized as a type of indentured servants as servitude is the general term used to describe all types of forced labor.

Kamlari is taken as one of the positions women are given according to the division of responsibility within Kamaiya tradition.

In this regards Kamaiya is taken as a general term for slavery and Kamlari as a variation within it. Slavery being a form of dependent labor was performed by a nonfamily member. They were deprived of personal liberty and the right to move about geographically as desired. The Kamlaris also share the characteristics of the slavery system as mentioned. In some references the terms Kamaiya and Kamlaris are taken synonymously, throughout the research, we limit Kamlari to the subjects who share the following characteristics: girls from Dangaura[12] Tharu community who served as indentured servants while under 16.

Research approaches in the issues of Kamlaris

A numbers of studies have been conducted in recent years on the status of the Kamaiyas, their populations, socio economic conditions and the problems they are facing. Most of these studies are based on sample surveys that are useful to understand the system of labour prevailing in some of the tarai districts of the country. But there remains gap in study about the Kamalries although they are the part of Kamaiya system and equally concern with the human right issues. Though few information are available about the Kamlaris in the materials amid national and international ground, and are helpful to start healthy discussions over them. Nonetheless these works are not sufficient to discuss about the media performance and the issues of Kamlaris in particular.

Similarly no large scale study of child bonded labor[13] in specific area or among specific segments has been carried out. “Most studies on Kamaiyas are silent on the issues of (Kamlaris) and child rights, and devote all attention to the plight of adult male Kamaiyas”. (Sharma.) Other few works hover around the lifestyle or expose the panic during their Kamlari life.

Friends of Needy Children, an International nongovernment organization, has published a book Kamlari in 2066 BS in Nepali language. “The main objective of the book is to portray the ‘reality’ of Kamlaris” (Lamichane). The book demonstrates the historical perspectives, present situation of Kamlaris and their socioeconomic environment. The book does not deal with the issues related to media although the author is introduced as a journalist.

Similarly, International Programme on the Elimination of Child Labour under International Labour Organization, has published a research report entitled Bonded Child Labour Among Child Workers of the Kamaiya System: A Rapid Assessment. This can be regarded as another study which touches slightly in the issue of Kamlaris as the book is focused on the Kamaiya children. Still lots of the Kamaiya children those are bound to stay as child labour are not the Kamlaris (They are only girls). The report gives some idea about the intervention methods to reach to the Kamlaris as it uses the comprehensible methodology for the collection and processing of collected data.

Besides these, some idea can be generated from some sketchy description of Kamlaris available from foreign and national scholars who have written about Kamaiyas and Tharu.

To understand the historical and ethnic background of Kamlaris as well as Kamaiya system and Tharus, the works of McDonaugh, Bista, Rajaure and other relevant literatures provide some additional ideas.

Similarly one can go through the principal research reports in the field of debt bondage and Kamaiya system to get the dismal findings on Kamlaris.

The first formal study on bonded labour and related forms of slavery from the government side was conducted by Ministry of Labour and social welfare in 1985. It was conducted in Dang, Banke, Bardiya and Surkhet districts to study the reasons why people become bonded labourers, their problems and possible measures for resolving those problems. In 1995, the Ministry of Labour prepared a report on the social and economic condition of the Kamaiyas by using primary data collected from Kanchanpur Kailali and Bardiya districts. The study addresses the Kamaiya and their working conditions in the districts: policies and programmes were made as well accordingly for implementation.

Similarly few of other research works conducted from the government, private and academic sectors speak slightly about the Kamlaris. These works reveal the Kamlaris as poverty stricken people exploited by their masters.

A study named 'Mass media impact among the liberated Kamaiyas' by Jagat Nepal held under Tribhuwan University gives a detailed information on media behavior of the Kamaiya people but there is no specific segment on Kamlaris. This study focuses on what is the intervention level of mass media among the Kamaiya families. The study has not studied how Nepalese media represent them in their content.

Kamlari Rehabilitation approaches

In January 2009, Dang district was declared a “Kamlari-free district” by the CDO during a program organized by District Child Welfare Committee[14] and requested resources for the reintegration of the liberated Kamlaris. The DAO formed three task-forces (Tulsipur, Ghorahi and Deukhuri) comprising government officials, NGOs, CSOs, lawyers, HRDs and mass media personals. The task-forces were assigned to monitor the implementation of the declaration as well as to recommend any urgent action that has to be taken by the district Child Welfare Committee, led by Chief District Officer (CDO).

Organizations working on the field of Kamlari like SWAN, FNC, Sahayog Samaj Nepal, Common Ground for Kamlaris and the interns claim tremendous success in eradicating the practice in Dang. Part of the optimism stems from a government side which set up a Kamlari rehabilitation fund for the welfare of the girls and their families through the 2066/2067 budget. “The NGOs particularly NYOF and FNC have already signed a memorandum of understanding with the government to take care of the rescued Kamlaris. These NGOs are running rehabilitation centers at various places in the six districts” ( The Himalayan times). Likewise, officials from the Ministry of Local Development claim they are doing their best to help the ex-slaves.

Many NGOs and government agencies are working to help the freed laborers. There are literacy classes for them and they are taught income-generating skills such as plying rickshaws. Collaborating with different organizations, FNC has started a henna co-op farm, sewing programs and a driving school to teach girls how to operate electric three-wheel "tempo" taxis.

Similarly, the Nepalese Youth Opportunity Foundation (NYOF) is helping these girls sold by their parents to work as servants through a program wherein girls win their freedom in exchange for goats and pigs.[15]

SWAN supplies the freed girls with uniforms and usually provides their families with economic recompense in the form of a goat or a pig to earn them income.[16] Similarly, Common Forum for Kamlari Freedom, a network of freed Kamlaris, established in 2007 in Dang[17] has been carrying out a series of activities to draw the attention of the public and the policy makers. They have addressed memorandums to OHCHR, NHRC and CA members and government representatives.

A social awareness campaign named ‘Going back home, study hard’ has been launched in some districts including Dang. The campaign aims at making people aware on and eliminating the Kamlari tradition. Few Kamlaris rescued within this program are partially rehabilitated into their parents homes and some are staying in hostels run by FNC and SWAN in Narti, Dang district, where they are provided education and skill generating trainings.

Similarly, OHCHR facilitates UN agencies and other donor’s actions to collect resources and advice on assisting the Kamlaris’ emancipation. Mid-Western Regional office supports the Civil Society Network as well as the local authorities in Dang district[18]

The importance of media is realized by the social workers in the campaign. As the activists say, they use media campaigns, TV commercials and articles for the city people to discourage the tradition.

CHAPTER THREE:

METHODOLOGY

Working area: Dang district and the Dangaura Kamlaris

The study was conducted to find out the role of mass communication media in the process of Kamlari rehabilitation. Analysis was made on the basis of the data collected from the Kamlari respondents through a questionnaire method, samples of media content and the interviews with the Kamlari activists.

Dang district was selected as a research area for the study, which is already declared as Kamlari free zone. It is also the place of the origin of the largest Tharu community, the Dangaura Tharus.

Dang district is the valley which lies in mid-western development region. It comprises parallel inner Terai valleys Deukhari and Dang plus parts of surrounding hills. Tharus constitute 31 percent of the total population in Dang district.

Kamlaris seem to be the best judge to assess the effectiveness of the communication methods used for the purpose of rehabilitation. Therefore, the respondents were asked about media, which were considered best by them. In order to compute the relative effectiveness of the communication media, the respondents were studied from the two segments.

Sampling:

The selection method used for the questionnaire survey is a convenience sample, meaning it is based on availability of respondent. Even though the selection process is not random, the possibility of bias has been considered and controlled for. No decisions were made about which one should be included in the population, thus eliminating any possibility of bias

Similarly, in order to gain an objective understanding of how the Kamlaris are currently represented on Nepali media, the researcher conducted a content analysis of the 4 Nepali daily newspapers under the private and government control. Four National dailies including two published from Dang district are monitored for content on Tharus, Kamaiyas and Kamlaris to study how the Kamlaris and their issues are portrayed by media.

The broadsheet newspaper Kantipur daily was standardized as the representative of the private sector, and Gorkhapatra being the only government published Nepali daily was selected for the study. Other two newspapers Naya Yugbodh daily and Goraksya Dainik were standardized as the representative of local newspapers on the basis of their circulation in the district selected for the study.

The newspapers content of two months i.e. Paush and Magh of 2065 B.S was analyzed. The months were selected as the content on Tharus and Kamlaris was expected to appear frequently during those months as greatest festival of Tharu community, Maghi lies on the month of Magh. The year was selected because Dang district was declared ‘Kamlari free” zone in the year 2065.

Data collection tools

Content analysis:

As Wimmer says “content analysis is a systematic, replicable technique for compressing many words of text into fewer content categories based on explicit rules of coding” (Wimmer 69), the attempt has been aptly done to make the content as compressed as possible. The intent of this analysis is to measure the exposure that Kamlari issues that have got in the Nepali media

The content analysis is focused to address the following questions with regard to the representation of Kamlaris in Nepali media.

· What proportion of news content represent of Kamlari issue in newspapers?

· How does the representation of Kamlari issues occur?

Content analysis is, if used properly, a powerful data reduction technique. Its major benefit comes from the fact that it is a systematic, replicable technique for compressing many words of text into fewer content categories based on explicit rules of coding. Weber notes: "To make valid inferences from the text, it is important that the classification procedure should be reliable in the sense of being consistent so that different people could code the same text in the same way" (12). In order to do the same, one of the most critical steps in content analysis was developing a set of explicit recording codes. For the analysis, the coding was done on the basis of four ‘codes’, namely, the volume of the coverage; the page allocated to the topic discussed, the number of sources associated with a story; and the issue that is discussed predominantly in order to study the representation.

Questionnaire survey

Oppenheim says “The function of a questionnaire is measurement” and “what a questionnaire measures depends on the issues under investigation, the aims of the study, and the research design” (17).

To report on media performance from the perspectives of Kamlaris, the researcher has used questionnaire as a tool to gather information from two different climates, i.e. inside the rehabilitation centre and in the villages. The questions in the questionnaire has been used for calculation of the satisfaction index of the respondents.

The studies were conducted in villages of Dang district from May 3 to 5, 2010, and in rehabilitation centre at Narti from May 5 to 7, 2010. During the time, 50 Kamlaris responded to the questionnaire, which consisted of 15 multiple-choice questions, plus one open-ended question to allow for further qualification of answers (see Appendix ). Out of the total number of responses received, all were selected for data analysis.

The respondents to this survey were not randomly selected but were found through a variant of the snowball-sampling strategy. In the villages and the centers, participants answered questions about their media using practices and their expectations over media.

Specifically, the questionnaire survey accessed:

· Awareness and attitudes of the respondents to the representations of Kamlari issues in media.

· the impact of representations of Kamlari issues

CHAPTER FOUR:

DATA ANALYSIS AND FINDINGS

Kamlaris in newspapers

This study conducted a newspaper content analysis as part of a research focused on finding the role played by media in rehabilitation of Kamlaris. This included the study of materials related to media advocacy and media-based education and information. National dailies: Gorkhapatra and Kantipur; and local dailies: Goraksya and Naya Yugbodh from both the government and private control were reviewed for topics related to Kamlaris and their concern (e.g. rights, policy, support, and others). Gorkhapatra represents government media, while other three represent private sector. Naya Yugbodh daily and Goraksya daily represent the local newspapers whereas Gorkhapatra and Kantipur daily are from the capital.

This quantitative content analysis examined a total of 53 items in 240 issues of 4 daily newspapers appeared during the period of 2 months. Out of the 53 items examined, 33 were hard stories (the items which are focused on answers of 5 Ws and 1 H i.e. When, What, Where, Why, Who and How are regarded as hard news) 14 soft stories (items which are focused on detailed and background information are soft stories), 6 articles( items which are appearing in opinion page) and only one editorial.

Name of Newspaper	Hard news	Soft news	Articles	Editorials	Total
*Goraksya*	11	-	2	1	14
*Gorkhapatra*	3	1	3	-	7
*Kantipur*	5	9	-	-	14
*Yugbodh*	14	3	1	-	18

Content analysis

Regarding the numbers of items in selected newspapers, the local newspapers carry a greater proportion of items on the selectedtopics. Specifically, the Naya Yugbodh daily has allocated the largestproportion of coverage in topics related to the Kamlaris. Kantipur and Goraksya daily were in the Second position publishing 14 news items each. The least numbers of news were covered by the government published Gorkhapatra, which is only the half of the numbers to Kantipur and Goraksya and almost three times less than that of Yugbodh.

It clearly depicts that the Gorkhapatra, remained far behind carrying only 7 items out of the 53 headlines. Yughbodh, the local newspaper from Dang, led by 18 items which covers 34 percent of all the stories, besides, the number was dominated by hard news.

While talking about the in-depth coverage, Kantipur daily led others by publishing 9 news but there is absence of issues in the editorial page, from this we can say that the organizational attention over the Kamlaris issue is less.

Most importantly, with due concern to the rehabilitation from the organizational side, Goraksya daily has issued an editorial. That is one step ahead in greeting the articles from outside, but lack of in-depth coverage in the news pages puts it another step behind. Being a local newspaper, in-depth coverage of the issues could make an impact.

The following pie chart depicts the coverage of the issues by individual newspaper:

Coverage of subject by page

Where did the Kamlari’s agenda in newspapers appear?

To find the answer of the above question first, the content from newspapers were divided into three categories. The Project then examined, in detail, every story that began on three sections: front page, op-ed page and inner pages. In all, 53 items were studied.

Name of the newspaper	Front page	Other pages	Op-ed	Total items
Goraksya daily	1	10	3	14
Gorkhapatra daily	1	3	3	7
Kantipur daily	-	14	-	14
Naya Yugbodh daily	10	7	1	18
Total	12	34	7	53

In all of the selected newspapers, nearly 23 percent of the stories appeared in the front page. The coverage of issues, in the inner page, was 64 percent. Similarly the op-ed coverage was 13 percent. It was all the local papers that devoted the highest percentage of front-page stories to Kamlari issues. Almost 92 percent of the front page stories appeared in them.

The study saw an intense coverage of Kamlari issues in the inner pages by national papers, and the highest number in the Kantipur daily. All of the 14 stories published by Kantipur were published in the inner pages. Naya Yugbodh, representing local dailies, saw the highest number of stories is the front page; 10 out of the 18 items were published in the front page.

The chart below illustrates how the Kamlaris agenda appeared in the different pages of newspapers.

Issues addressed

What do the readers get from media in the matter of Kamlaris?

How did papers cover the stories of them?

To answer these questions, the researcher conducted an extensive examination of selected newspapers over the theme ‘issue addressed’. The target issue in this research was rehabilitation so the reports of Kamlaris were categorized in four categories. i.e. rehabilitation, liberation, addressing both issues or addressing none. The news stories which talked about liberating Kamlaris and efforts to liberate or justify liberation were categorized under the ‘rescue/ liberation’ category. The stories which addressed the issue of rehabilitation or stage after the liberation and advocated about the proper adjustment and settlement were categorized under ‘rehabilitation’. The stories which talked about both were under the ‘both’ category and stories that talked about other subject rather than rehabilitation and rescue were categorized under ‘others.’

Name of the newspaper	Liberation/rescue	Rehabilitation	Both	Others/not clear	Total
Goraksya daily	1	3	3	7	14
Gorkhapatra daily	4	-	3	-	7
Kantipur daily	4	2	2	6	14
Naya Yugbodh Daily	11	1	1	5	18
Total	20	6	9	18	53

In all, only 11 percent of newspaper stories talked about the rehabilitation. The stories which were framed around rehabilitation and liberation were 17 percent. In other measurements of issue addressed, the papers stood out as being on the top of the group - offering a space to other themes rather than rehabilitation and rescue. 38 percent stories addressed neither rehabilitation nor liberation. Following were the stories that addressed liberation. It covered 34 percent of stories. This finding suggests that the rehabilitation is rarely given space by the newspapers.

Source of the news

One of the most basic questions about the value of journalism is the nature of its sourcing. To study this in the Kamlaris stories, the reports were broken in various ways. First, researcher measured how many sources a story contained. Then they were categorized according to the origination of the news. The researcher also measured how many different stakeholders, or affected interest groups, were consulted in the story.

Name of the newspaper	Speech/program/ press release	NGOs	Celebrity	*Kamlaris*	Government
Goraksya	7	6	1	1	1
Gorkhapatra	1	3	1	2	1
Kantipur	5	11	3	9	4
Naya Yugbodh	13	4	1	2	1
Total	26	24	6	14	7

The findings told that the press uses information mostly from the NGO. In total, 48 percent of stories contained NGOs as single or one of the fully identified sources, compared to 21 percent of the coverage of speech, press release and programmes and 18 percent of identified Kamlaris. There was a little use of government and celebrity sourcing accounting 9 percent and 8 percent respectively.

Volume of the Kamlari news

How much space did each newspaper devote to the topics of Kamlaris?

Different kinds of issues require different amount of space and types of coverage to gain attention. A reason to measure the stories from this angle was to see whether coverage of Kamlari issues was widely dispersed or concentrated in short volume. For stories to be considered according to the space they acquired, the word count of each story was held. The appearing stories were then categorized into three groups: Brief, Medium and Long News. If a story contained below 70 words they were categorized as brief news. It must then contain at least 300 words to be counted for average story and to be considered as long news the level was beyond 500 words.

Name of the newspaper	Brief news	Medium coverage	Long news	Total
Goraksya	4	6	1	11
Gorkhapatra	-	1	3	4
Kantipur	-	4	10	14
Naya Yugbodh	6	3	8	17
Total	10	14	22	46

The examination indicated that Newspaper devoted the least space to the brief news (22 percent). The number was substantially higher in medium length (30 percent) and among all, the long stories covered almost half of the total space (48 percent). One of the key findings of the research was that the wide platform was offered to the issues of Kamlaris.

Impact of Media coverage on Kamlaris

It is difficult to measure the impact of news on audience because, as Wilson says, “Media coverage and the portrayal of minorities has an effect on members of both minority and majority groups, but it is the complex effect one influenced by each person’s psychological makeup, social status and age and by how he or she uses the media” (165). Still some attempts have been made. Using data from a questionnaire survey, this chapter examines Kamlaris’ opinions about the mass media as the basis for a media performance measure, focused on these key areas.

Access

§ What kinds of media as well as media content are accessible to Kamlaris?

§ Do the Kamlaris feel that they have access to media coverage/content?

Representation

· Do the Kamlaris identify themselves on media content?

· How do the Kamlaris feel about their representation in media?

Even though the questions on the survey were designed to cover these two distinct areas, the results from one area have implications for the other areas as well. This part presents an initial snapshot, based on questionnaire survey of the Kamlars’ perceptions to the media content.

Access to Media

All of the respondents were agreeing that they use any kind of mass media. The highest section referred to television (43 percent). 27 percent of respondents said that they use radio and 26 percent read the newspapers. Only 4 percent of respondents indicated that they use internet .

Preferred means of getting information

Respondents were asked to choose one means of getting information that they like most. However, some chose more than one. Allowing multiple answers, figure shows that radio was the most frequently selected (49 percent of responses) and was thus the preferred means. The Internet was the least liked means of information (with 3 percent of responses).

In particular, the 23 per cent of respondents said that they needed information from newspapers while 25 percent of respondents preferred television.

Priority Given to Kamlaris agenda

Respondents were somewhat ambivalent whether they get sufficient information about their agenda from media or not. Around 20 percent marked the “abundant” category. Just over similar the number of those surveyed (18 percent) believe that mass media places a low priority on their issues. At the extremes were “occasionally” choosers. This comprised of 62% of the girls. Those from rehabilitation centers were most likely to say that mass media has given high priority while those at villages were least likely to regard mass media.

For what purpose media uses the Kamlaris as their sources?

The survey indicates that the Kamlaris were used simultaneously for multiple purposes by mass media. Out of the total respondents, 89 per cent said that their knowledge and analyses about the life before and after rescue were obtained by the media. 11 per cent said they were consulted for the life before rescue only.

Formal information and advice providers:

The chart below shows opinions of Kamlaris regarding media support for learning opportunities such as Rehabilitation fund, rehabilitation centres, rehabilitation schemes and others. Around one third respondents (29 percent) feel that mass media supports their learning. As it is clear from table, the highest result was referred to the organs of social authorities like family, society, schools and others.

How satisfied they are with the media performance on Kamlaris agenda?

In response to the overall satisfaction question, more than three quarters (76 percent) indicated that they were somewhat satisfied with the space they have received at mass media. Kamlaris at the rehabilitation centre had the largest percentage of satisfied ones, while those outside had the lowest percentages. Just over 14 percent of combined responses express a belief that Kamlari agenda is not regarded important by media. This was most evident at rehabilitation centre where almost all agreed with the statement. On the contrary, fewer than10 percent believed that media space are uniformly available to the Kamlaris.

CHAPTER FIVE:

CONCLUSION

This research project explores the performance of mass media in the issues of Kamlari, specifically rehabilitation in Dang district through the following three perspectives: field measurements, content analysis and interviews. The conclusion is highlighted being based on the above three areas.

Kamlari issues are given less space in the front page by National Newspapers. This depicts the tendency that social issues and issues of marginalized are hardly given importance by the national media.

As expected, local media have provided important space and organizational focus on the local issues. They have carried a greater proportion of items on the issue of Kamlaris. Though the Government owned media is supposed to carry the responsibility of addressing the social issues more broadly than the private ones, the finding of this study is quite opposite. The frequency of Kamlari issues in the selected media, government owned, was very minimal.

Most of the media pay less attention over the Kamlaris issue from the organizational side. Almost no space for Kamlari issue in editorials in most of the media selected for this study supports the notion.

The research also proved the tendency of the Nepalese journalists of using the readymade information sources rather than making effort for digging out the roots. Lack of in-depth stories and use of the NGOs or programs and speeches as source of the story supports the idea.

Hard news dominates the media contents rather than providing advocating and educating pieces.

The social issues like Kamlaris need background information for the general audience. The widest varieties of coverage regarding the Kamlaris were long. This can be regarded as the good trend in reporting the social issues as most of the stories were long with the background information.

Contrary to the general notion that radio is the best media in the Nepali context and mostly accessible among the marginalized and poor people, the survey shows that television is the mostly accessed by Kamlaris, while radio is the most preferred media. It can be concluded by referring the data that broadcast content can penetrate easily among the group.

Although the mass media were occasionally providing spaces for the Kamlari agenda, the majority of the Kamlaris mention that they were satisfied with the space they have received at mass media as well as the media performance. The result can be analyzed that the mass media are performing their role in the satisfactory manner at least in the context of reporting about Kamlaris.

Since the Kamlari issues, are not only the regional issues as they violate the human rights and plethora of rights of the citizens and thus national mass media need to provide special attention for such issues, for instance by offering space on the front pages, offering the op-ed pages for such issues providing in-depth coverage rather than hard news and event oriented news.

Almost non existence of editorials in most of the media reflects the tendency that media houses are less concerned about their role of social responsibility. Not only by welcoming the hard news reports from the region, the editorial team should encourage the debate in such matters by welcoming the experts from outside in different forums as well as by raising voice through editorials.

This study equally finds that rehabilitation is rarely given space by the Nepalese media, as it needs deeper investigation and use of sources rather than rescue oriented hard news. The less numbers of stories related to rehabilitation also shows that Nepali mass media raise the issue but there is lack of proper follow ups. But the role of media does not end up in just reporting them; the fourth estate has still got the responsibility to address the main need for today, their need for rehabilitation.

References:

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Questionnaire sample:

Name: (optional)

Age:

Educational level:

Status (staying as Kamlari or rescued):

If rescued, rescue date:

Staying at:

1. Do you have radio at home/ hostel/ place you stay?

a. Yes

b. No

c. Don’t know

2. Have you got T.V. set at home/ hostel/ place you stay?

a. Yes

b. No

c. Don’t know

3. Have your parents/ hostel/ place you stay have subscribed any newspaper?

a. No

b. Yes, one

c. Yes, more than one

d. Don’t know

4. Do you know about email and internet?

a. Yes

b. No

c. Heard but never used

5. Which one of these sources you choose to use?

a. Radio

b. T.V.

c. Newspapers

d. Internet

6. Do you understand the information published in newspapers?

a. Yes, all

b. Hardly understand

c. Not at all

7. Do you understand the news and informative programmes like talk shows, analysis, critical commentary and so on relayed by radio or T.V. (broadcast media)?

a. Yes, all

b. Depends on the programme

c. Not at all

8. How often have you seen that Kamlari issues appear in media?

a. Mostly

b. Occasionally

c. Never

9. Have you ever talked about your issues in media or with journalist?

a. Yes

b. No

10. If yes, in which topic you discussed about?

a. Life during Kamlari

b. Life after rescue and rehabilitation

c. Both

d. None

11. If not, why?

a. Had no access

b. Didn’t believe in media

c. Had no specific reason

12. How are the media covering stories about Kamlaris?

a. In the best manner

b. They are doing good

c. The issue is completely ignored

13. Have you ever heard about the Kamlari rehabilitation fund?

a. Yes

b. No

14. If yes, from where did you know about it?

a. From mass media

b. From other sources

15. Who do you think carries the responsibility to rehabilitate liberated Kamlaris?

a. Government

b. Non government organizations

c. Family

d. Everyone

16. How should mass media help in rehabilitation of kamlaris? Please suggest.

………………………………………………………………………………………

……………………………………………………………………………………….

(Thanks for your cooperation)

Annex-1

Bonded Labour ( Prohibition )Act, 2058 (2002)

Date of Authentication and Publication

2058.11.15 (2002-4-20)

Act Number 21 of the Year 2058 (2002)

An act made to provide for provisions relating to prohibition on bonded labour

Preamble: Whereas, it is expedient to make provisions in order to put a ban on

bonded labour (Kamaay shram), to rehabilitate the freed bonded labourers and to

uplift their livelihood from the perspectives of social justice.

Now, therefore be it enacted by the Parliament in the first years of reign of

the His majesty the King Gayanedra Bir Bikram Shah dev.

Chapter - 1

Preliminary

1. Short Title and Commencement: (1) This Act may be called "Bonded

Labour (prohibition) Act, 2058 (2002)."

(2) This Act shall come in force immediately.

2. Definition : Unless the subject or context otherwise requires; in this Act-

(a) "Bonded labour (Kamaya shram)" means the labour or service to be rendered for a creditor for the following reasons without wages or with nominal wages.

(1) To pay back the debt obtained by him/ her or family and to pay the interest hereof.

(2) To pay back the debt obtained by his/her ascendant and to pay back the interest hereof.

(3) To pay back the bonded debt of bonded labourer by a person who has given a guarantee before the creditor on behalf of a bonded labourer.

(b) ‘Bonded labourer’ means a person who is working as a bonded labourer in the name of Bhaisawar, Gaiwar, Bardikar,, Chhekarwar, Haruwa, Charuwa, Hali, Gothlo kamalariya or by any other similar name.

(c) "Bonded debt" means the cash, commodity or kind obtained by the bonded labourer from a creditor and this expression also includes "Sauki or other debt.

(d) "Creditor" means a person who provides debt to a bonded labourer.

(e) "Family" means father, mother, husband, wife, son or unmarried daughter and this expression also includes coparcener of bonded labourer if the bonded labourer is the head the joint family.

(f) "Freed bonded labourer” means a bonded labourer who has been set free pursuant to Section 3.

(g) "Committee" means Freed Bonded Labourer Rehabilitation and Monitoring Committee constituted pursuant to Section 8.

(h) "Welfare Officer" means the welfare officer as referred to in Section 10.

(i) "Fund" means the Fund as referred to in Section 12.

(j) "Agro-labour" means a person who carries out the work prescribed by the Government of Nepal by publishing a Notification in the Nepal gazette.

(k) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules framed under this Act.

Chapter - 2

Provision relating to prohibition on bonded labour

3. To be freed from bonded labourer: Every person who is serving as bonded labourer at the time of the commencement of this Act shall, ipso facto, be freed from bonded labour after the commencement of this Act.

4. Prohibition against employment to serve as a bonded labourer:

No one shall keep or employ any one as a bonded labourer after the commencement of this Act.

Chapter- 3

Provision relating to bonded debt

5. To be freed from bonded debt: After the commencement of this Act, no bonded labourer shall be obliged to pay back the bonded debt obtained by him/her from any creditor.

6. Deeds (instrument) or Agreement to be void: Notwithstanding anything contained in the prevailing law, all the deeds (instrument) or written or gentleperson agreement (verbal agreement) concluded between the creditor and the bonded labourer in respect of debt shall ,ipso facto, be void after the commencement of this Act.

7. Obligation to refund the property taken as a mortgage or guarantee: The creditor shall refund the property taken by him/her as a mortgage or guarantee, if any, in the course of providing debt to the bonded labourer to the concerned person within a period of Three months after the commencement of this Act.

Chapter -4

Constitution, functions, duties and powers of the Committee

8. Constitution of the Committee: (1) In order to work in respect of rehabilitation of freed bonded labourer, there shall be a Freed Bonded labourer Rehabilitation and Monitoring Committee in the districts as prescribed by the Government of Nepal.

(2) The composition of the Committee shall be as follows.

(a) Chairperson of District Development Committee - Chairperson

(b) Chief of District police office - Member

(d) Officer of District administration office - Member

(e) Chief of District Forest Office - Member

(f) Chief of District land Reform Office - Member

(g) Chief of Labour Office - Member

(h) Chief of District Agriculture Development Office - Member

(i) One person from among the chiefs of banking officer In district level - Member

(j) One person from among union or association of peasants in district level - Member

(k) Maximum three persons from among the Trade union or association - Member

(l) One person from among the non-governmental organizations which has worked in respect of bonded labourer - Member

(m) One person form freed bonded labourer -Member

(n) Welfare officer - Member Secretary

(3) The chairperson shall nominate the member as referred to in Clauses (i), (j), (k), (l), (m) of Sub-section (2).

(4) Procedure relating to the meetings of the Committee shall be as determined by the Committee itself.

9. Functions, duties and powers of the Committee: Functions, duties and powers of the committee shall be as follows:

(a) To cause to prepare the up-to-date record of the freed bonded labourers.

(b) To make necessary arrangement for the rehabilitation of the freed bonded labourers.

(d) To monitor as to whether anyone has employed as a bonded labourer or not.

(e) To recommend the Government of Nepal, Bank or financial institution for providing required loan to the freed bonded labourers to carry out the business relating to income generation.

(f) To keep co-ordination with various bodies or institutions in respect of the residence, education or employment oriented skill development training for the freed bonded labourers.

(g) To perform necessary functions to protect the right and interest of the freed bonded labourers.

(h) To perform other functions as prescribed.

Chapter - 5

Welfare Officer and other provisions

10. Welfare officer: The Government of Nepal may designate any of its' officer to work as a Welfare Officer in order to perform the work, as may be required, in respect of the right and interest of the freed bonded labourers

11. Functions, Duties and powers of the Welfare Officer: The functions,

duties and powers of the Welfare Officer shall be as follows:

(a) To maintain the record of the freed bonded labourers,

(b) To perform the work as directed or assigned by the Committee in respect of the right and interest of the freed bonded labourer,

(d) To perform other functions as prescribed.

12 Fund: (1) In order to perform the work, as may be required, in respect of the right and interest of the freed bonded labourer, there shall be a Fund and the following money shall be deposited on the Fund.

(a) Money obtained from the Government of Nepal as a grant.

(b) Money obtained from foreign person, government or institution or organization through the Government of Nepal.

(2) The money collected on the Fund shall be deposited in an account of a Bank

(3) Welfare officer shall operate the Fund by adopting the method prescribed by the Government of Nepal and as per the direction of the Committee.

13. Power to determine the rate of minimum wage: (1) The Government

of Nepal shall, by a Notification in the Nepal gazette, determine the rate of minimum wage for agro-labourer.

(2) No agro-labourer shall be employed without paying wages or with lower wages than the minimum rate determined pursuant to Subsection (1).

14. To provide settlement and employment: The Government of Nepal shall provide the facility of settlement, employment and income generation as prescribed to the freed bonded labourers.

Chapter -6

Complaint, penalty and appeal

15. Complaint may be lodged: (1) If some one commits any act violating the provisions of this Act, the victim him/herself or a member of his/her family, union, institution or an official of a local body may lodge a written complaint or forwards verbal notice before the Adjudicating Authority along with the evidences so collected in this regard (2) If a person forwards a verbal notice pursuant to Sub-section (1)

the Adjudicating Authority shall cause to prepare such verbal notice as a written complaint and cause to put the signature of the complainant. (3 (Not withstanding anything contained in the prevailing law, the complainant referred to in Sub-section (1) shall not be obliged to appear on the date for the trial of the case .

16. Penalty: (1) If a person employs any one as a bonded labourer violating Section 4, the Adjudicating Authority shall impose a fine on him/her not less than Fifteen Thousand Rupees and not exceeding Twenty five thousand Rupees; and shall provide the two-fold amount of the minimum wage as determined pursuant to this Act for the each day of employment to the victim from such employer (offender).

(2) If a person fails to refund the property taken as a mortgage or guarantee pursuant to Section 7, the Adjudicating Authority shall impose a fine on him /her not less than Ten Thousand Rupees and not exceeding Fifteen Thousand Rupees and shall cause to refund the said property to the concerned person.

(3) If a person employs any one without paying wages or with lower wages than the minimum rate, the Adjudicating Authority shall impose a fine on him/her not less than One Thousand Rupees and not exceeding Three Thousand Rupees; and shall provide the two-fold amount of the minimum wage as determined pursuant to this Act for the each day of employment to the victim from such employer (offender).

(4) If a person hinders or obstructs to anyone in the course of investigation of any act committed contrary to this Act, the Adjudicating Authority shall impose a fine on him/her not less than Three Thousand Rupees and not exceeding Ten Thousand Rupees.

(5) Save as provided in Sub-section (1), (2), (3) and (4), if a person commits an act in contravention of this Act and the Rules framed here under, the Adjudicating Authority shall impose a fine on him/her not less than One Thousand Rupees and not exceeding Three Thousand Rupees.

(6) If a person knowingly/willingly or with an intention to make trouble to anyone lodges a fake complaint, the Adjudicating Authority shall impose a fine on him/her not less than One Thousand Rupees and not exceeding Three Thousand Rupees.

(7) If a person, who has committed an act as referred to in Subsection (1), (2), (3), (4), (5) and (6), holds an office of public profit or a person who has been already punished under this Act, again commits the same act, the Adjudicating Authority shall impose two-fold punishment of the punishment mentioned in the concerned Sub-section

17. Adjudicating Authority: The Chief District Officer of the concerned district shall have the powers to adjudicate the case under this Act.

18. Appeal: A person who is not satisfied with the decisions made by the adjudicating Authority under this Act may file an appeal with Court of Appeal within Thirty Five days of the decision.

Chapter -7

Miscellaneous

19. Procedure of case: The Adjudicating Authority shall, while trying the case under this Act, follow the procedure as referred to in Special Court Act, 2059.

20. Onus of Proof: If a question arises as to whether a deed or agreement has been prepared for the purpose of providing debt, the onus of proof lies with the person who claims that the said deed or agreement has not been prepared for providing the debt .

21. Duty to submit the report: (1) Concerned Village Development Committee or Municipality shall inspect within its’ jurisdiction as to whether a person has employed any one or not in contravention of this Act and submit a report with its' own opinion to the Committee for at least once in every six months.

(2) The Welfare Officer shall, every year, submit an annual report on the works performed by the Committee, to the Government of Nepal.

22. The Government of Nepal may issue directives: The Government of Nepal may, for the rehabilitation of the freed bonded labourers, issue directives to the Committee and Welfare Officer and it shall be the duty of the Committee and Welfare Officers to abide by such directives.

23. Power to frame Rules: To implement the objectives of this Act, the Government of Nepal may frame necessary Rules.

ANNEX- 2

Children's Act, 2048 (1992)

Preamble: Whereas, for the physical, mental and intellectual development of the children it is expedient to make legal provisions in order to protect the rights and interests of the children.

Chapter- 1

Preliminary

1. Short Title and commencement: 1) This Act may be called the "CHILDRENS ACT, 2048 (1992)."

2) It shall come into force on such date as his majesty's Government may, by a notification published in the Nepal Gazette, appoint.

2. Definitions: Unless the subject or context otherwise requires, in this Act

a) "Child" means every human being below the age of 16 years.

b) "Guardian" means the guardian appointed under section 22 for the purpose of protecting the child.

c) "Children Welfare Board" means the Central Children Welfare Board and the District Children Welfare Board constituted under section 32 for the protection and well being of children.

d) "Children Welfare Officer" means the Children Welfare officer appointed under section 33 by His Majesty's Government and includes any other person or employee as prescribed to act on behalf of such Officer.

e) "Abandoned Child" means a child-

1) Who has no father, mother or any other member of his family to look after him.

2) Who has been neglected by his father, mother or any other member of his family even though they exit.

3) Who does not have any means of living.

f) "Children's Welfare Home" means the Children's welfare Home established by his Majesty's Government under section 34 for he purpose of upbringing and maintenance of the Abandoned Child.

g) "Chief of the Children's Welfare Home" means and includes any person who works as the Chief of the Children's Welfare Home or any person who acts on behalf of such Chief in his absence.

h) "Children's Rehabilitation Home" means Children's Rehabilitation Home established by His Majesty's Government under Section 42 or any Children's Rehabilitation Home being used for that purpose.

i) "Prescribed" or "As prescribed" means prescribed or as prescribed in Rules made under this act.

Chapter-2

RIGHTS AND INTERESTS OF CHILDREN

3. Rights to a name and determination of birth date of the Child : 1) From birth, every child shall be granted a name according to the religion, culture and tradition by his father, if the father is not available by his mother and if the mother is also not available by any other member of his family. In cases where the father , mother or any other member of his family is not alive or their whereabouts are not known, the person or organisation bringing up the child shall give a name to such Child.

2) In cases the date of birth of any child is not traced, the person organisation bringing up the child, in consultation with a registered medical practitioner, determine the birth date of the Child. Unless otherwise proved, the date so determined shall be considered to be the date of birth of the child.

4. Right maintenance and upbringing, education and health care : 1) Parents shall be under an obligation to make arrangements so as to bring up the child and to provide education, health care, sports and recreation facilities to the child according to the economic status of their family.

2) The parents or guardian of the child shall cause to be given the vaccination necessary to save the Child from diseases. The local authorities and related agencies of His Majesty's Government shall render assistance in his matter.

3) His Majesty's Government shall render assistance in making arrangements for the proper health care to the pregnant mothers and the mothers who have recently given birth to a child.

4) His majesty's Government shall render assassinate in making arrangements for providing advice education and services relating to family planning and preventive health care to the parents.

5) Discrimination not to be made between a son or daughter and between sons and daughters themselves in matters relating upbringing : No discrimination shall be made between a son and daughter and between sons and daughters themselves in matters relating to their upbringing education and health care.

6. Discrimination not be made between children born out of wedlock or in lawful wedlock or between the adopted or the natural Child. 1) No discrimination shall be made between children born out of wedlock or in lawful wedlock in maters of their upbringing education or health care.

2) No discrimination of any kind shall be made between the natural or the adopted son or daughter.

7) Prohibition on torture cruel treatment: No child shall be subjected to torture or cruel treatment. Provided that, the act of scolding and minor beating to the child by his father, mother, member of the family, Guardian or teacher for the interests of the Child himself shall not be deemed to violate the provisions of this section .

8) Facilities to be given to maintain contact : 1) In circumstances where the parents of the child are living separately due to divorce or another reason, the child living with the father shall be given an opportunity to maintain personal relation and direct contact with the mother and vice-versa on a regular basis or be allowed to live together with the other parent for sometimes.

Provided that, the court may prohibit to grant the facility of maintaining direct contact or living together if there is a reasonable ground to believe that such direct contact and personal relation or living with the other may be contrary to the Child's interest.

2) If the parents do not agree on the question of the time of maintaining direct contact or the duration of living with the father or mother under sub-section (1), the question shall be settled as decided by the court.

9) Adopted son or daughter to be permitted to make direct contact or correspondence with natural parents : A person adopting a son or daughter having fulfilled the legal requirements shall, if such adopted son or daughter wishes, permit him or her to maintain direct contact or make correspondence with his or natural parents on a regular basis.

10) Right to mention the name of mother and material grandfather : In cases where a child is required under a law to mention the names of his father and grandfather in connection with official proceedings or in practice, the Child may, until the whereabouts of his father are known, mention the names of his mother and maternal grandfather. In the case of the child either of whose parents are not traced, if the person or organisation bringing up the child certifies in writing that the parents have not been traced , such Child shall have the right not to mention the names of his father, mother or grandfather.

11) Child and Criminal Liability : (1) If the Child below the age of 10 years commits an at which is an offence under law, he shall not be liable to any type of punishment.

2) if the age of the Child is 10 years or above 10 years and below 14 years and he commits an offence which is publishable with fine under law, he shall be warned and explained and if the offence is punishable with imprisonment, he shall be punished with imprisonment for a term which may extend to six months depending on the offence

4) If the child who is 14 years or above 14 years and below 16 years commits an offence he shall be punished with half of the penalty of the penalty to be imposed under law on a person who has attained maturity.

12. Disqualification's or recidivism not to be applicable: 1) If a person is to be disqualified to hold any office or enjoy any facility under the law or reason of committing an offence, such disqualification shall not be applicable with regard to a child committing an offence during his childhood.

2) For the purpose of determination of recidivism, an offence committed during childhood shall not be included therein.

3) Even if a Child commits the same offence more than once, he shall not be liable to additional punishment on the basis of continuation of such offence.

13. Prohibition to engage Children in begging and to make fakir : 1) No Child shall be permitted to be engaged in begging except in following the religious or cultural traditions.

2) No measure shall be taken which will be directed towards making a Child Sanyasim Bhikchhu or fakir, and such measure, even if taken, shall no illegally valid.

3) A Child who has been made Sanyasi Bhikchhu or fakir prior to the commencement of this Act may, on attaining majority, enter into family life if he so wishes.

14. Prohibition on offering of Child in the name of God or Goddess : 1) no person shall, for the purpose of fulfilling the promise made to god or for serving any other religious purpose, offer of surrender his or anybody else's Child to any God or Goddess by buying such Child, offering economic gain, under any kind of coercion or undue influence.

2) No person shall, by accepting economic benefit, sell or hand-over otherwise his Child to anybody for the purpose stipulated in sub-section. (1)

3) No panda, Dhami, priest or the chief on any religious enshrinement shall incite to the commission of an act contained in sub-section (1) nor shall perform or permit to persorm religious formalities in case where a person brings his Child to any temple with the purpose of offering or surrendering to God or Godess.

4) If any event takes place after the commencement of this Act, in violation of sub-section (1), (2) and (3) above, the father, mother or any member of the family shall take custody of the Child and make arrangements for upbringing, education and health care of such Child on equal footing with other members of the family as if such event never took place.

5) Notwithstanding anything contained in sub-section (4), a Child referred to sub-section (1) and (2) who is below the age of 16 years at the commencement of this Act shall be brought up by any of the living parents

15. Prohibition on imposing rigorous punishment : Notwith-standing anything contained in the existing laws, no Child shall be subjected to handcuffs and fetters, solitary confinement or live together in prison with a prisoner who has attained maturity in case a child is convicted for any offence.

16. Children not to be made involved in immoral profession : (1) No person shall involve or use a child in immoral profession.

2) No photograph of a child shall be taken or allowed to be taken, nor such photograph shall be distributed or exhibited for the purpose of engaging a Child in immoral profession.
3) No publication, exhibition or distribution of photograph or personal events or descriptions of a child tarnishing the character of such Child shall be made.

4) No child be made involved in the sale or distribution of, and trafficking in alcoholic drinks, narcotic drugs or any other drugs.

17. Restriction on employment:

(1) A Child who has not attained the age of 14 years shall not be employed in any works as a labourer.

(2) A Child who has attained the age of 14 years or above shall not be employed in work as a labourer during the period from 6'O clock in the evening to 6 O'clock in the morning.

(3) A child who may be employed in work as a labourer shall not be made to be engaged in work against his will.

4) Every child-labourer shall be provided equal remuneration for the equal work without discrimination of any kind, irrespective of the child's sex religion, race or color1, caste and community.

18. Protection from engaging in hazardous work : No child shall be engaged in work that is likely to be harmful to the Child's health or to be hazardous tot he Child's life.

19. Children's case not to be entertained in the absence of legal practitioner: (1) the court shall not entertain or decide a criminal charge brought against the child unless there is a legal practitioner to defend the child.

2) In circumstances referred to in sub-section (1) the concerned court shall make available the service of a legal practitioner appointed on behalf of his majesty's Government or of any other legal practitioner wishing to provide such service.

20. Enforcement of rights: (1) For the enforcement of the rights set out in his Chapter, every person shall have the right to file a petition on behalf of the Child to a District court of a district where the Child is residing. On receipt of such petition, the concerned Court may, upon inquiry into the matter, enforce the right by issuing the appropriate order, direction or writ.

Provided that, in matter relating to the prohibition on maintaining direct contact or living by the Child in pursuance of the proviso clause of sub-section (1) of section 8, such action may be initiated or an order may be issued only on the basis of a petition of the parent (s) of the concerned Child.

(2) In cases where a person is aggrieved as a result of inflicting harm on any right conferred by this chapter, the court may, in issuing order, direction or writ under sub-section (1), decide to grant a reasonable amount of compensation.

Chapter 3

Provisions Relating to the protection of the child and relating to the guardian

21. Looking after an orphan and custody of his property : (1) If the Children welfare officer or the Chief District officer is informed of the fact that a Child does not have any relative of same home to look after the Child, the Children welfare officer or the Chief District officer, as the case may be, shall make necessry arrangement Chief District Officer, as the case may be, shall make necessary arrangement for upbringing and maintenance of the child In doing so, ht child shall be as as far as practicable, given to the custody of te nearest relative of the child. In the case of non availability of such relative, person or organisation wishing to take the child for his maintenance and upbringing the child shall be surrendered to the nearest childrens welfare hme.

(2) In cases where the Child referred to in sub-section (1) has any property the children welfare officer or the chief district officer shall prepare a statement thereof in the presence of at least tow local witnesses and shall keep one copy thereof in his office and the other one shall be given to the person or organisation responsible for upbringing and maintenance of the Child.

(3) The statement of property prepared under sub-section (2) and the property mentioned therein shall be given to the custody of the person, organisastion or the children's welfare home responsible for upbringing and maintenance of the Child and such perosn, sorganisation or the children's welfare home shall certify in writing the taking of the custody. pending the ustody of the property of the Child, the responsibility of taking care of or of protecting the property shall lie with the children welfare offier, and if he is not available, with the chief district officer.

4) The income derived from the property mentioned in sub-section (3) may be used by the person organisation or the children's welfare home taking responsibility for the maintenance, upbringing, education and health care of the child. The person, organisation or the children's welfare hometaking responsibility enjoy the same rights and comply with the same terms and conditions as those of aa guardian appointed under this Act.

22. Appointment of Guardian : (1) In case where a Child a deprived of his family for reasons of death of his parents of adult relative belonging to the same home, or even if though alive, if they are unable to bring up or look after the child for reason of physical or mental incapacity, every person may, for the purpose of giving the child to a guardian apply to the children welfare officer. On receipt of such application, the children welfare officer shall upon necessary inquiry into the matter appoint a Guardian fort the child subjected to the provisions of this section.

2) In appointing a Guardian under sub-section (1), priority shall be given, as far as practicable, to the nearest heir.

Provided that, if it is not appropriate to appoint the nearest heir as the Guardian for reasons of family confrontation, quarrel or for any other reason, the Children welfare officer may, stating the reason thereof, appoint as he deems appropriate a distant heir or any other person as the Guardian of the child.

3) In appointing a Guardian pursuant to sub-section (2) consent of the appointee to that shall be obtained.

(4) Notwithstanding anything contained in sub-section (2) the following persons shall not be qualified to be appointed to or, hold the office of the Guardian :-

a) if he is suffering from mental disease,

b) if he has not attained the age of 25 years,

c) if he is relieved of the office of guardian in accordance with section 28,

d) if he is convicted of any offence by court involving moral turpitude, or

e) if he turns out to be insolvent.

f) if he turns out to be insolvent.

(5) If nobody agrees to act as Guardian of the Child or if no appropriate person is available to be the Guardian,. The children welfare officer shall make arrangements to send the Child to children's welfare home.

6) In case there is any property, it also shall be handed over while handing over the child to the Guardian pursuant to sub-section (2) or to the Children's welfare pursuant to sub-section (5). While handing over the property, its statement shall be prepared and one copy shall be kept in his office and the other one shall be given to the Guardian or Chief of the Children's Welfare home who takes over the property.

(7) The Guardian or Chief of the Children's welfare Home may spend the income derived from the property taken over pursuant to sub-section (6) for the maintenance, education and health care of the concerned child and keep its account.

23. Interest and property of the child to be safeguarded: (1) the main duty of the Guardian shall be to safeguard the interest of the child.

(2) The Guardian shall give special attention to the following points besides other things :-

a) To bring up the Child in a way that will enhance the physical and mental development of the child.

b) to arrange for the education which may help the intellectual development of the child.

c) to prevent the child from being involved in bad habit or company

d) to keep the up-to-date record of the child's property and to protect it.

3) The Guardian shall initiate necessary proceedings in order to realise the property or income of the child misappropriates by others and to release the impended property. for this purpose, the guardian may submit application, complaint or suit in the office or court or may initiate other necessary legal proceedings on behalf of the child .

24. The works to be done by the Guardian: The Guardian may, to bear the expenses necessary for the maintenance, education or health care of the child give any property child to any person for earning or on rent.

25. The works not to be done by the Guardian: the Guardian shall not do any of the following works.

a) To engage the Child in work that requires more labour than his physical capacity can bear.

b) To engage the child in any work which may hurt in his religious or cultural usage or to use his property on such work or

c) To sell the Child's property to others with an intention to take it back by himself.

26. Report to be submitted by the Guardian : 1) The Guardian shall submit a report to the concerned children welfare officer stating all the particulars relating to the expenses incurred on his own for the maintenance, health care and education of the child and the income earned for the property of the child and the expenses incurred our of such income for the maintenance of the child in each year within the month of Baisakh (may 13)

(2) The Children welfare officer if he deems necessary may check the reliability of the statement or statistics mentioned in the report submitted pursuant to sub-section (1), inspect or cause to inspect the child and the place where his property is remained. For this purpose, the children welfare officer may order to present the concerned child before himself and also make necessary inquiry with the child. in case the children welfare officer issues an order to present the child before him, it becomes the duty of the Guardian to present the child

27. The Guardian any retire taking approval : (1) In case the Guardian, appointed pursuant to this Act, desires to retire being unable to discharge his duty , shall submit an application stating the reason thereof to the children welfare officer at least one monthbefore. The Guardian shall also have to submit along with the application, the statement of the property of the child that he has taken in custody and the expenses up to the date of the application.

2) If the reason stated in the application submitted pursuant to sub-section (1) is deemed reasonable, the children welfare officer shall cause to handover the property in the custody of the Guardian to any office or person and permit him to retire.

28. Guardian may be removed : the children welfare officer may remove the Guardian, in case it is proved that he has done any work in contravention to section 23, 24 or 25 or gives a false statement while submitting the report pursuant to section 26.

29. Another Guardian to be appointed : (1) In case any Guardian has expired or the Guardian cannot be retained due to any situation pursuant to sub-section. (4) of Section 22 or the Guardian is retired pursuant to Section 27 or removed pursuant to section 28, the children welfare officer shall subject to section 22 appoint another Guardian instead of such Guardian,.

(2) If the Guardian, who is removed from the Guardianship or is not retained as a Guardian pursuant to sub-section (1) has any property of the Child in his custody he shall handover such property and the related documents to the office or person specified by the Children Welfare Officer.

30. Maintenance of the Child having no sufficient income: 1) The Guardian may submit an application to the Chief District officer for the Government assistance if he could not bring up the Child in a proper way due to in-sufficiency of income or property or the property is consumed by any other in an illegal way and the Chief District Officer shall, if he deems the statement reasonable, make available necessary Government assistance. In case such assistance is not available, an arrangement shall be made to keep the child in the children's Welfare Home.

(2) In case any Child in is handed over to the Children's Welfare Home, the responsibility of the Guardian shall be deemed to be terminated from the date of such handover.

31. Gurdian to receive remuneration : (1) The Children Welfare Officer shall specify the remuneration of the Guardian on the basis of the property and income of the Child.

(2) The Guardian may take five percent of the reasonable expenses incurred for the realization of the property or income of the Child pursuant to sub-section (3) of section and the current price of the property so realised or the income in the form of remuneration.

(3) In case the Guardian has spent some amount on his own for the maintenance, education or health care of the Child, he may also realise such amount from the income of the Child.

Welfare Provisions

32. Constitution of Central and District Children Welfare Board : (1) His Majesty's Government shall, by publishing a notification in Nepal Gazeette constitute Central Children Welfare Board Consisting of twenty on members at the maximum including the members from along the social workers, woman social workers, medical practitioners Child psychologists and teachers. The Name of the chairperson and member of the Central Children's Welfare Board shall be as prescribed in the same notice. The Board shall work subject to the policy and directives of his majesty's Government.

(2) A district Children Welfare Board shall be constituted in district under the convernship of the Chief District officer. in the district Children welfare board, there shall be the persons as appointed by the Chief District officer specially from among the following persons besides other persons :-

a) Persons involved in social service,

b) Social Workers involved in the works relating to the rights and interests of the children.

c) Women social workers,

d) Medical practitioners,

e) Child Psychologist,

f) Teachers.

3) The tenure of the officials of the Central Children Welfare Board and District Children Welfare Board shall be of four years and they may be reappointed.

(4) The chairperson of the District Children Welfare Board shall be the person prescribed by the members of District Children Welfare Board from among themselves and until such chairperson is appointed, the Chief District Officer himself shall act as the chairperson of the Board.

(5) Each District Children Welfare board shall have to submit an annual report relating to the children's welfare activities conducted in the district level to the Central Children Welfare Board within the month of Baisakh. The Central Children Welfare Board shall prepare a nation-wide report relating to the children on the basis of the annual reports received from the District Children Welfare Board and submit it to His Majesty's Government in each year within the month of Ashadh (July 13)

(6) Besides those written in this Act, the other functions, duties, rights and procedures of the Central Children welfare Board and the District Children Welfare Boards shall be as prescribed.

33. Appointment of Children Welfare Officer : (1) His Majesty's government may appoint Children Welfare Officer in requisite number. His Majesty's Government may designate any other person or personnel to act as the children welfare officer pursuant to this Act until the Children welfare officers are appointed.

(2) The Children Welfare Officer, appointed or designated pursuant to subsection (1) shall work subject to the general control and directive s of the district children welfare board.

3) Besides those written in this Act, the other functions, duties, rights are terms and conditions of service of the Children Welfare Officer shall be as prescribed.

34.Establishment and operation of Children's welfare home : (1) His majesty's Government shall establish Children's Welfare Home in the various regions of the kingdom of Nepal as required.

(2) His Majesty's Government may utilize Children's Welfare Home, orphanage or center operated by any other person or organization for the purpose of keeping the children until the establishment of Children's welfare home pursuant to sub-section (1).

Provided that, anything written in this sub-section shall not be deemed to have given rights to his majesty's Government to interfere i the operation of such Children's Welfare Home, orphanage or center.

35. Abandoned Child to be kept in the Children's Welfare Home (1) The chukdreb welfare Officer and teh police prsonnel shall handover the abandoned child, they have found or handed over to them by any person, to the nearest hildren's welfare home after keeping the records of teh child includiong the name, surname, address, photograph, any special mark on his body and thumb impressions and as far as practicable the name of his father and grandfather jin their office.

(2) The Chief of the concerned Children's welfare home shall take into its custody the abandoned child brought to handover pursuant to sub-section (1) except in the case of lack of lodging place.

(3) In case the Chief of the Children's Welfare home did not take into its custody the abandoned child due to the reason mentioned in sub-ection (2), such child may be handover to any other children's welfar home.

(4) Tha abandoned child residing in the children's welfare home shall be kept seperately on the ground of sex.

(5) The children welfare officer, police or Chief of the concerned children's welfaer home may, in order to find out father, mother, relaties or Guardian of the abandoned child cause to publish a notice including the descriptin and photograph of such child in any paper or cause to communicate through any other medium of communication.

36. Duration to be kept in the children's welfare home : (1) An abandoned child shall be kept in the children's welfare home until he atttains the age of sixteen years.

Provided that, if the child of such age is sent of from the children's welfare home, it is deemed that he will face the problem of livelihood, he may be kept in the children's welfare home until he attains the age of eighteen years.

(2) Notwithstanding anything contained in sub-section (1), the age bar to live in the children's welfare home does not apply in the case of blind, disabled or mentally retarded abandoned child, until they are sent to the childrens welfare home provided for their living.

(3) Notwithstanding anything contained in sub-section (1), if the father, mother or the Guardian of the abandoned child desiored to take the child with them, the chief of the children's welfare home shall allow to take tha child at any time and prepare a document for such take over of the child.

37. Assistance to be give to provide vocational training or to put on the job : (1) The abandoned Children residing in the Children's Welfare home shall be involved in vocational training or teaching and learning on the basis of their aptitude and knowledgte

(2) His majesty's Governmnet shall provide assistance to eagage an abandoned child who has already obtained any knowledge or skill in any vocational jobs suitable to his knowledte or skill.

38. Child may be kept in the children's welfare on the condition of payment.: (1) In case the father, mother or relatives of teh child who often runs away from the home agrees to bear all the expenses required for his maintenance, the chief of the concerned children's welfre home may allow to keep such child in the childen's welfare home having prepared a document of agreement to bear such expenses.

(2) When the child kept in the children's welfare home pursuant to sub-section (1), completes the specified period in the children welfare home, the chief of the children's welfare home shall handover the child to the custody of his father mother or relatives. Whilehandling over the child the balance amount, if any, of the money deposited for the maintenance of such child shall also be returened alongwith the statement of expenses incurred for his maintenance.

(3) In case any child kept in the children's welfare home pursuant to sub-section (1) has escaped from the hildren's welfare home or has expired, the chief of the children Welfare home or has expired, the Chief of the chilren's welfare home shall immediately give this information tot he father mother or relatives of the child and do everything possible to trace him in the case of escapint.

(4) The Chief of the Children's Welfare Home shall, while giving the Child to the custody of his father, mother or relatives pursuant to sub-section (2), also return his immovable property, if any, and the related documents.

(5) In case the Child escape pursuant to sub-section (3) is not found or the Child has expired, any goods or immovable property of the child shall be returned to his father, mother or relatives and realised from them the due expenses relating to the child, if abny.

(39) General punishment may be given to maintain the discipline : (1) In case an abandoned child does not comply with the terms and conditions to be complied with while staying in the children's welfare home or does any act which violates the discipline, the Chief of the Children's Welfare home may impose any of the following punishments on such Child :

a) To deprive him from the facilities available in the children's Welfare home not exceeding three days at one time or,

b) to realise full or partial amount of the damage, in case anyting of the children's welfare home is broken or damaged knowingly.

(2) Notwithstanding anything contained in sub-section (1), it shall not be deemed to conferred the power to the chief of the children's welfare home to beat or detain the child in solitary confinement or to stop giving food and water to wuch child.

(3) For the purpose of realisation of the amount of the damage from the abandoned child pursuant to clause (b) of sub-section (1), the chief of the children's welfare home shall realise the amount as possible from the income of the concerned child or from his salary, if he has to get any for working there, and shall have to reconcile by remitting the remaining amount.

(40) Expenses may be realised handling over the child to his father, mother, etc : (1) In case it is known that the father, mother or a member of the family of any child has enrolled him t a children's welfare home, orphange or such other centre giving a false statement that he is an abandoned child or an orphan, the chief of the children's welfare home shall have to handover such cjhild to his father, mother or a member or the family whoever comes in contact.

(2) In the situation pursuant to sub-section (1) the concernecd children's welfare home orphange or center shall have to realise all the expenses incurred for the maintenance of the concerned child as a government due from the father, mother or a member of the family of the child who has enrolled him fraudulently.

Provided that, the concerned children's welfare home, orphange or centre shall not realise the expenses incurred for the maintenance of the child in case the father, mother or a member of the family of the child has no income or property.

(41) Chief of the children's welfare home to keep records and to report : (1) The Chief of the Children's Welfare home shall have to prepare personal records of all the abandoned children resising in he children's welfare home. if any punishment pursuant to sub-section (1) of section 39 is awarded to aby child, that also shall be mentioned in such record.

(2) The form of personal records to be kept pursuant to sub-section (1) shall be as prescribed.

(3) The records maintained pursuant to sub-section (1) shall be kept secred and such records shall not be shown or given to any person othe than the children welfare board or children welfare officer or the person or office having permission from such board or officials.

Provided that, this restriction shall not apply to the records demanded by the court in relation to a case.

(4) The chief of the children's welfare home shall send reports, in the prescribed from stating all the activities carried out by the childrens welfare home in the last year, to teh district children welfare board and children welfare officer in each year within the month of Baisakh (May 13).

(42) Establishment and operation of Children's Rehabilitation Home : (1) His Majesty's Governmetn shall establish children's Rehabilitation homes as required.

(2) The following children shall be kept in the children's Rehabilitation Home established pursuant to sub-sectin (1) :-

(a) A child to be imprisoned pursuant ot the existing law for the investigation or proceedings of the case being accused in any crime,

(b) A child to be imprisoned beinbg punished pursuant to existing Law,

(d) A child who often runs away from father, mother or the family,

(e) A child who has company with the persons involved in immoral or inexpedient activities or takes part in the activities of such persons or depends upon their earnings.

(f) Children of the catagories prescribed by his Majesty's Government.

(3) His Majesty's Government May utilie the private Children's Welfare home, orphange or centre operated by any person or body in the form of children's rehabilitation home temporarily by obtaining permissionof such person or body until the childrens rehabilitation home temporrarily by obtaining permission of such person or body until the children's rehabilitation home is estabilished pursuant to sub-section. (1)

(4) In case the child mentioned in te clause (d) of sub-section (2) is kept in the children's Rehabilitation home with the consent of his family, his family shall have to bear the expenses incurred for his maintenance.

(5) The operation of the children's rehabilitation home and the facilities, training and education to be provided for the children residing therein as well as the terms and conditions to be followed by the children shall be as prescribed.

(43) Establishment and operation of orphange and centre for mentally retarded children

(1) His Majesty's Government shall establish orphange and centre for mentally retarded children as required for the maintenance and dwelling of orphans, disabled or mentally retarded children having no parents,

(2) His Majesty's Government shall provide necessary education for the children residing in the orphange or centre for mentally retarded children pursuant to sub-section (1)

(3) Notwithstanding anything contained in sub-section (1) His majesty's Goverment may, under under an agreement, utilise the orphange or center for mentally retarded children operated by any other person or organisation, for the purpose of this Act.

44. Inspection of Children's welfare home, children's Rehabilitation home, orphange etc.

(1) The centra children welfare board may inspect to cause to inspect all children's welfare home orphanges or centres established within the kingdom of Nepal at any time and the district children welfare board or children welfare officer may inspect or cause to inspect the children' s Welfare homes, orphanges or centres within their own area at any time.

(2) The children welfare officer shall inspect the children's welfare homes, orphanges or centres at least twice a year within his area and whild doing such inspection, in case it is found that any act to be done pursuant to this act and the rules made thereunder is not done or any act ios done in contravention to the existing law, he shall have to send its report to the district children welfare board.

(3) The children welfare board or children welfare officer may issue directives to correct the irregularities found in the Childrens welfare home, childrens rehabilitation home orphanges or uch other centres and it shall be the main duty of the chief of th children's wwelfar home childrens Rehabilitation home, orphanges or centries to follow such directives.

(45) Provisions relating to the childrens welfare home childrens rehabilitation home orphanges etc : the person to operate the children's welfare home, childrens rehabilitation home orphanges etc power to be used by him terms and dconditions of his service and the rules to be obeyed by and the education and training to be provided for the children residing in such children's welfare home children's rehabilitation home orphanges or centres shall be as prescribed.

Chapter 5

(46) Particulars to be given by the person engaging a child as a labourer : (1) The person or organisation engaging a child as a labourer shall send a photograph and particulars of the concerned child in teh prescribed form to hte district children welfare board.

(2) The District Children welfare board, if it deems necessary, may cause to submit the particulars in addition to the particulars submittd pursuant to sub-section (1), and check or cause to check whether the statement written in the particulars are correct or ot. in case anything is found in contravention to this act or exiosting law or statement mentioned tin teh particulars while checking the person who checked on behalf of teh board may give necessary directives to correct it.

(3) It shall be the duty of the concerned person or organisation to submit the particulars demanded and to comply with the directives issued pursuant to sub-section (2).

47. Working hours and leisure : (1) While engaging a child as a laborer pursuant to section 46, he shall not he engaged more that 6 hours a day and not more that 36 hours a week.

(2) Generally, after continuous work of three hours, leisure of half an hour and a holiday of one day for each week shall be given to the child engaged in the work pursuant to sub-section (1). The leisure of half an hour for each day and a holiday for each week provided thus shall also be regarded as the working hours for the purpose of this section.

48. Approval to be obtained : (1) In case any corporate body or industrial enterprise has to engage a child of 14 years or above as a labourer or any other has to include any child in any recreation or cultural programme having commercial purpose, shall obtain approval of the children welfare officer and his father, mother or guardian as well.

Provided that, no permission is required pursuant to this section to engage the children of any educational organization, Children's welfare home, children's rehabilitation home or orphange in the functions organized by those organizations or to cause to participate them in the cultural program's conducted by those organization for the wide interest of such organisations.

(2) In the place where there is not a children welfare officer, the permission pursuant to sub-section (1), shall be taken from the labour office of his Majesty's Government, it it exists and if not, the permission shall be taken from the Chief District officer.

Miscellaneous

49. Only particular persons can attend in the case relating to the Child : (1) The legal practitioner or the father, mother, relatives or Guardian of the child and if the officer hearing the case deems it appropriate and permits any person or the representative of the social organization involved in safeguarding the rights and interests of the Child may attend in the bench in the proceedings of any case related with the child initiated under this Act existing laws.

(2) The case pursuant to sub-section (1) and the particulars of the incident relating to it cannot be published in any paper without the permission of the investigating officer of the case or the officer hearing the case. such restriction shall also prevail for the owner of the press, news agents and photo news agents.

(50) Investigation of the case and pending of the punishment (1) In case officer hearing the case deems that it is not appropriate to keep the child in prison in consideration to the physical condition, age of the accused child who is to be investigated keeping in prison pursuant to existing law, situation ate the time of offence and the place of imprisonment, may issue an order to handover the child to the custody of his father, mother, relatives, or Guardian or any social organisation involved in safeguarding the rights and interests of the child or lthe children's rehabilitation home on the condition to present him as and when required and to carry on investigation or proceeding of the case.

(2) In case the officer hearing the case deems it is not appropriate to keep the child in who has got a sentence of imprisonment being proved as an offender in consideration to his physical condition, age, or situation at the time of offence and repetition of offence etc. he may keep the case pending for not to undergo the punishment at once or may prescribe the uration of such prescribed punishment to be passed residing in a children's rehabilitation home or remaining in the guardianship of any person or organisation. The officer hearing the case may issue an order in the case of the child whose punishment is thus suspended, if the child is given a sentence of imprisonment being proved an offender of the same or any other offence during the period of one year, to implement the punishment at one time adding both the sentences of imprisonment.

(51) Case can be filed on behalf of a child : (1) In case a suit or complaint is to be filed or case to be defended in any matter of righ of a child, his father, mother or Guardian may file a suit, complaint or defend the case. This right goes to his claimant, in case the child has no father, mother or Guardian.

(2) The case relating to the offence to be punished under this Act can be initiated on the complaint of any person or his Majesty's Government.

(52) Statistics relating to the Child and restriction in its use : (1) The police office shall keep the statistics of the child apprehended on the charge of any offence in the secret from mentioning his name, address, age, sex , family background, economic conditions, offence committed by him and if any proceeding is initiated on it, its particulars and the copy of such statistics shall be sent to the police Head Quarter every six month.

(2) In case the statistics maintained pursuant to sub-section (1) are to be punished for any study or research work, it can be published or utilised on the basis of age or sex without mentioning the name, surname or address of the child.

(53) Punishment: (1) In case any person commits any offence in contravention to section 13, 17, 18 or abets orther to commit such offence or attempts to do so, he shall be punished with a fine up to three thousand rupees or with imprisonment for a term which may extended to two years more in addition.

(2) In any person commits any offence in contravention to section 14 or abets others to commit such offence or attempts to do so, he shall be punished with a fine up to ten thousand rupees or with imprisonment for a term which may extend to five years or with both. If it is proved that any person has sold a child taking any amount, such amount also shall be seized from the person selling the child and in case such amount could not be realised, he shall be punished with imprisonment for a term which may extend to two years more in addition.

(3) In case any person commits any offence in contravention to section 7 or 15, he shall be punished with a fine upto five thousand rupees or with imprisonment for a term which may extend to one year or with both. In case of torture and cruel treatment he shall be made liable to pay a reasonable amount of compensation to the child.

(4) In case person commits any offence in contravention to sub-section (1), (2) or (3) of section 16 or abets others to commit such offence or attempts to do so, he shall be punished with a fine upto ten thousand rupees or with imprisonment for a term which may extend to one year or with both and the photographs taken with an aim to engage the child in an immoral profession and all the publications printed with an aim to publish may be seized by the order of the court.

(5) The person engaging a child in the business in contravention to sub-section (4) of section 16 shall be punished with imprisonment for a term which may extend to five years in addition to the punishment to be given pursuant to existing Laws.

(6) In case there has been any hurt in the character of the child or adverse effect in his health or dismembering of physical organ due to the reason that any person has caused the child to engage in any prohibited business pursuant to section 16, 17 or 18 the officer hearing the case may cause to pay a reasonable amount of compensation in proportion to such damage to the child from such person in addition to the punishment to be given pursuant to sub-section. (1) or (4)

(7) In case the Guardian contravenes or does not follow anything mentioned in section 23, 24 or 25, he shall be punished with a fine up to three thousand rupees or with imprisonment for a term which may extend to three months or with both.

(8) In case the Guardian submits a report contrary to section 26 or the property to be returned pursuant to section 29 is not returned, he shall be punished with a fine up to six thousand rupees or with imprisonment for a term which may extend to six months or with both and the property misappropriated shall also be realisesd from him.

(9) In case the Chief of the Children's Welfar home shows or gives personal particulars maintained pursuant to section 41 to any unathorised person or any person publishes the particulars of a case contraty to section 49 or discloses the secrecy of the statistics relating to the child or brings it in use or publishes it contrary to section 52, he shall be punished with a fine upto three thousand rupees or with imprisonment for a term which may extend to three months or with both and all the papers and books relating to the offence shall also be seized.

(10) In case any person commits any offence in contravention to section 46, 47 or 48 he shall be punished with a fine upto three thousand rupees or with imprisonment for a term which may extend to three months or with both.

(11) Limitation : Complaints shall be filed within one year from the date of offence committed which is punishable under this Act.

Provided that, the complaint may be filed forever in case the property of a child is sold malafidely and within three years from the date of such happening in the case a child is caused to engage in an immoral profession.

55. Office hearing the case and procedures to be followed relating to the case : (1) His Majesty's Government shall, by publishing a notification in the Nepal Gazette constitute Juvenile court as required. The area and headquarter of such Court shall be as prescribed in the same notice.

(2) The Juvenile court constituted pursuant to sub-section (1) shall have the power to hear and decide the case of first instance in which the child is a plaintiff or defendant except in the situation of section 20.

Provided that, the juvenile court shall not hear and decide the case in which a child is involved along with a major person.

(3) The concerned District Court shall have the power to hear and decide the case pursuant to sub-section (2) until the Juvenile Court the case filed in the District Court shall be transferred to the Juvenile Court.

(4) There shall be a children's Bench in each District Court for hearing and deciding the case to be heard from the District Court pursuant to sub-section (3).

(5) His Majesty's Government shall prescribe the procedure relating to the constitution of the Children's Bench pursuant to sub-section (4) on the advice of the Supreme Court and may include social worker, child specialist or child psychologist besides the judges while prescribing the bench.

(6) The procedures to be followed by the Juvenile Court or District Court for hearing and deciding the cases shall be as prescribed and until such procedure is prescribed those Courts shall follow the procedures of the summary procedure Act, 2028.

Appeal : Any person not satisfied with the decision made by the Juvenile court of District Court pursuant to section 55 may file an appeal to the Appellate Court within thirty five days of such decision made thereto.

Priority to be given in hearing and deciding.

58. Power to frame Rules : His Majesty's Government may frame necessary Rules for implementing the objectives of this Act.

Repeal : (1) No. 1 and 2 of the Chapter "of Poor" of Muluki Ain (Law of the Land) are hereby repealed.

(2) The figure "1" after the word "mahal" (Chapter) contained in number 6 of the Chapter "of poor" of Muluki Ain (Law of the Land) is deleted.

(3) The words " the child below the age of 8 years or " appearing in No. 1 of the chapter "of punishment" of the Muluki Ain (Law of Land) and the phrases "if the age of of the child is 8 years or above 8 years and below 12 years and he commits an offence which is punishable with imprisonment, he shall be punished with imprisonment for a term which may extend to two months depending on the offence. if the child who is 12 years or above 12 years and below 16 years commits an offence he shall be punished with half of the penalty of the penalty to be imposed on a person who has attained maturity. The child or "appearing in the same No. have been deleted.

ANNEX-3

Child Labor (Prohibition and Regulation) Act, 2056

An Act to provide for Child Labor (Prohibition and Regulation)

Preamble: Whereas, it is expedient to prohibit engaging children in factories, mines or the like risky business or activities and to make necessary provisions with regard to their health, security, services and facilities while engaging them in other activities;

Chapter - 1

Preliminary

1. Short Title and Commencement; (1) The title of this Act is "(the) Child Labor (Prohibition and Regulation) Act, 2056."

(2) This Act shall come into force on such date as His Majesty's Government may appoint by a notification published in the Nepal Gazette.

2. Definition: Unless the subject or context otherwise requires, in this Act, –

(a) "Child" means a minor not having completed the age of sixteen years.

(b) "Enterprise" means any factory, organization, association, firm, company or their groups established as per prevailing law with objectives of operating any industry, business or service.

(c) "Entrepreneur" means the person taking final decision with regard to an activity of an enterprise and the word also includes the person appointed as chief of any part or unit of any enterprise having powers to exercise final authority or having final responsibility thereof.

(d) "Day" means a period of twenty-four hours beginning from midnight.

(e) "Week" means a period of seven days beginning from the midnight of Saturday or the midnight of any other day prescribed by the Department of Labor.

(f) "Medical Practitioner" means a medical practitioner prescribed by the Department of Labor.

(g) "Certificate of Qualification" means the certificate given pursuant to sub-section (4) of section 7.

(h) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules framed under this Act.

Chapter - 2

Prohibition on Engaging Child

3. Child not to be Engaged in work:(1) No child having not attained the age of 14 years shall be engaged in works as a laborer.

(2) No child shall be engaged in any risky business or work referred to in the schedule.

4. No Child to be Engaged in Works Against Will: No child shall be engaged in works as a laborer against his/her will by way of persuasion, misrepresentation or by subjecting him/her to any influence or fear or threat or coercion or by any other means.

Chapter - 3

Provisions Relating to Engaging a Child in Works

5. Information to be Given: (1) Entrepreneur who has been operating risky business or activities referred to in the schedule at the commencement of this Act shall, within thirty days of the date of commencement of this Act, furnish written information to the labor office having mentioned the following particulars;–

(a) Name and Address of the Enterprise;

( b) Name and Address of the Entrepreneur;

and

(d) Other particularly as prescribed.

(2) After the commencement of this Act, the Entrepreneur who operates risky business or activities referred to in the schedule shall, within fifteen days of the date of operation of such business or activities, furnish the information referred to in sub-section (1) to the labor office.

6. Approval to be obtained: (1) In case any Enterprise has to engage a child in works, an

approval has to be obtained from the concerned labor office or any authority or official prescribed by that office and form the father, mother or guardian of the child. Provided that no approval pursuant to this section shall be required to engage a child in cultural programs or any activity for greater protection of interest of children to be organized by an academic institution approved by His Majesty's Government or by an organization established according to the prevailing law for protection or of rights or interests of children.

(2) While giving approval to engage a child in work pursuant to subsection (1), the labor office may impose appropriate conditions with the objective of developing skills and qualifications of the child or providing education to the child, and the Enterprise shall have to follow it.

7. Qualification Certificate to be Obtained: (1) Prior to engage a child as a labor in an

enterprise, certificate of qualification has to be obtained that the child is able to work as a labor.

(2) In order to obtain the certificate pursuant to sub-section (1) the enterprise shall submit an application at the labor office having stated the nature of the work the child has to carry out and his/her age.

(3) Upon receipt of the application pursuant to sub-rule (2), the labor office shall cause to conduct medical test of the child by a medical practitioner.

(4) While conducting medical test by a medical practitioner pursuant to sub-section (3), the medical practitioner shall give qualification certificate in the prescribed format if such child seems fit for the work.

(5) The qualification certificate given pursuant to sub-section (4) shall be valid for one year.

(6) The qualification certificate given pursuant to sub-section (5) shall cause to be renewed by the enterprise by the medical practitioner.

(7) The fees to be paid for obtaining and renewing the qualification certificate shall be borne by the concerned enterprise.

(8) The enterprise engaging the children attaining the age of fourteen years at the commencement of this Act shall, within thirty days from the date of commencement of this Act, have to obtain the qualification certificate.

8. Particulars to be Given: (1) The Enterprise engaging a child in work after commencement of the Act shall, within fifteen days from the date of engaging in the work, submit the following particular along with photograph of such a child to the labor office: –

(a) Name and address of the enterprise

(b) Name and address of the entrepreneur

(d) Business or work conducted by enterprise

(e) Name, address and age of the child

(f) Name and address of the father, mother or guardian of the child

(g) Date of engaging the child in work

(h) Nature of the work the child has to do

(i) Amount of remuneration and other benefits the child is entitled to

(j) Qualification Certificate of the child

(k) Other Prescribed Particulars

(2) The enterprise engaging a child having attained the age of fourteen years at the commencement of this Act shall submit the particulars pursuant to subsection

(1) to the labor office within thirty days from the date of commencement of

this Act.

9. Time to Engage in works: (1) No child shall be engaged in work for a period after six

o'clock at the evening to six o'clock at the morning.

(2) No child shall be engaged in work for more than six hours in a day and more than thirty-six works in a week either giving or not giving additional remuneration.

(3) Every child is entitled to a rest time of half an hour after engaging in the work for a consecutive period of three hours and one-day leave given in every week.

(4) The half an hour rest time given in every day and one day leave in every week shall be deemed to be the duration of work.

(5) No child already engaged in one enterprise shall be engaged in the work of another enterprise on the same day.

10. Remuneration and Benefits: (1) An enterprise engaging children as workers shall not discriminate on the grounds of sex, race, religion, caste or tribe and shall give equal

remuneration and benefits for the same works.

(2) Remuneration, allowances, leaves and other benefits to be entitled to a child engaged in an enterprise shall be as prescribed.

(3) No entrepreneur shall engage a child in his/her enterprise providing less remuneration and benefits than the remuneration or benefits prescribed pursuant to sub-section 2.

11. Provisions Relating to Health and Safety of Child: The provisions to be made by an entrepreneur with regard to health and safety of the child engaged in an enterprise shall be as prescribed.

12. Disputes Relating to Age: (1) In case of dispute relating to age of a child engaged in an enterprise, his/her age as per the date of birth referred to in the birth registration certificate shall be deemed to be his real age.

(2) If any child is not having the birth registration certificate, the date determined upon examination by a medical practitioner shall be deemed to be his/her actual age.

13. Registration Book to be Maintained: (1) With regard to a child engaged in an enterprise, the entrepreneur shall maintain a registration book having stated the following matters: –

(a) Name and Address of the child,

(b) Name and Address of the father, mother or guardian,

(d) Date of engaging in work,

(e) Nature of work

(f) Time for engaging in work,

(g) Time for rest

(h) Remuneration and other benefits

(i) Other matters as prescribed

(2) The registration book referred to in sub-section (1) shall be given to the employees deputed from labor office as and when required.

14. Notice to be: The entrepreneur shall compulsorily affix notices in notice board about the matters relating to works in which a child should not be engaged, the remuneration and benefits which a child is entitled to, facilities and weekly holiday and punishment to be imposed if child is engaged in works against this Act.

Chapter - 4

Provisions Relating to Inspection

15. Inspection and Action: (1) The labor office may depute an employee from time to

time to inspect an enterprise engaging children.

(2) The entrepreneur shall have to allow the employee deputed pursuant to sub-section (1) to enter and to inspect in the enterprise at any time. The entrepreneur shall make available the matters required to examine and to know by the employee deputed for inspection in such a way.

16. Removing from Works: (1) While inspecting an enterprise pursuant to section 15, if a

child is found to have been engaged against sections 3 or 4, the employee inspecting

the enterprise shall immediately handover such child to his/her father, mother or

guardian and order the entrepreneur to remove the child from works.

(2) If a child does not have father, mother or guardian or if none of them are traced, the entrepreneur shall have to keep such child in any child welfare home or any organization providing care for children.

(3) The enterprise shall have to bear costs to be incurred while handing over the child to his/her father, mother or guardian or the costs to be incurred while keeping the child in a child welfare home or organization as per rules of such home or organization.

17. Inspection Report: (1) The employee inspecting an enterprise pursuant to section 15

shall, within fifteen days from the date of completion of the inspection, submit report to the labor office having stated in detail as to whether any enterprise is engaging children against the provisions of this Act or not whether or not the provisions to be made pursuant to this Act or Rules framed there under including provisions of health and safety of the child engaged in works are made the labor office may conduct inquiry as to whether or not the employee deputed in such a way has carried out works according to this section and whether the report submitted is realistic or not and may take action according to law if it is found otherwise.

(2) In case it is found, according to the report submitted pursuant to subsection

(1), that any enterprise has not made the provisions to be made as per this Act or Rules made there under, the labor office may order the entrepreneur to make such provisions as soon as possible within the appropriate time-frame.

(3) The entrepreneur shall have to make provisions as per the order within the time-frame prescribed by the labor pursuant to sub-section (2).

18. Suspension of Facilities: In case the concerned enterprise does not make necessary

provisions as per the order given by the labor office pursuant to section 17, the labor

office shall refer to in writing to the concerned agency to suspend the facilities to be

given as per prevailing laws to the enterprise for the prescribed time.

(2) If it is referred to from the labor with regard to any enterprise pursuant to sub-section (1), the concerned body shall suspend the facilities to such enterprise and given information thereof to the labor office.

Chapter - 5

Provision Relating to Punishment and Appeals

19. Punishment: (1) Whoever commits any act in contravention of sub-section (1) of

section 3 shall be liable to a punishment of imprisonment of three months in maximum or a fine of Rs. 10,000/- in maximum or the both.

(2) Whoever commits any act in contravention of sub-section (2) of section 3 and section 4 shall be liable to a punishment of an imprisonment of one year in maximum or a fine of fifty thousand rupees in maximum or the both.

(3) In case any entrepreneur commits any act in contravention to sections 6, 7, 9, 10 or 11, he/she shall be liable to the punishment of an imprisonment up to two months or a fine of five thousand rupees in maximum or the both.

(4) In case any entrepreneur commits any act in contravention of sections 5, 13 or 14, he/she shall be liable to a punishment of one month in maximum or a fine of three thousand rupees in maximum or the both.

(5) Whoever commits any act in contravention of this Act, except as referred to in sub-sections (1), (2), (3) and (4) this section or the Rules framed under this Act, he/she shall be liable to a punishment of imprisonment of 15 days in maximum or a fine of one thousand rupees in maximum or the both.

(6) Whoever commits the same act again after having been punished pursuant to sub-sections (1), (2), (3), (4) or (5), he/she shall be liable to double of the punishment referred to in the same sub-sections.

20. Complaints and Time limit: (1) With regard to an offence punishable under this Act,

the following person or organization may file complaint at the concerned labor office:

–

(a) Employees inspecting an enterprise pursuant to section 15,

(b) Police of the concerned area,

(d) The concerned VDC/Municipality,

(e) Trade union of enterprise level, or

(f) Any agency or non-governmental organization established

pursuant to prevailing law and engaged in protection of rights and interests of the child.

(2) With regard to an offence punishable under this Act, complaint shall be

filed within one year from the date of commission of the act.

21. Power to Impose Punishment: (1) The labor office shall have powers to impose

punishment pursuant to section 19 on persons violating this Act and Rules framed there under.

(2) While imposing punishment pursuant to sub-section (1), if the labor office has to impose punishment of imprisonment, it shall refer the matter to the labor court and do according to the decision of the court.

22. Appeal: The person not satisfied with the punishment imposed by the labor office

pursuant to section 21 may file appeal at the labor court within thirty five days from

the date of order of the punishment.

Provided that in case of punishment of imprisonment, appeal shall be filed at

the Appellate court.

Chapter - 6

Miscellaneous

23. Child Labor Prohibition Committee: (1) His Majesty's Government shall form Child

Labor Prohibition Committee in order to provide for health, safety, education, vocational training to children engaged in an enterprise; in order to provide for appropriate employment for children; to discourage to have children involved in works and to get necessary suggestions and opinions for prohibiting child labor.

(2) In such a committee, provision of appropriate representation of governmental and non-governmental organizations and experts engaged in child labor shall be made.

(3) The formation procedures, functions, duties and powers and procedures of the Child Labor Prohibition Committee shall be as prescribed.

24. Child Labor Prohibition Fund: (1) His Majesty's Government shall form a Child Labor Prohibition Fund for child working in an enterprise for their health, security, education, vocational training and for suitable employment of child to discourage to have children involved in works and to eliminate child labour.

(2) The following amounts shall be deposited in the Child Labor Prohibition Fund: -

(a) Grants amount received from His Majesty's Government,

(b) Grants, donation, fee and amount of assistance to be received

from various national and international organizations and associations,

(3) Amounts to be deposited in the Child Labor Prohibition Fund and operation of the fund shall be as prescribed.

25. Directives May be Issued: (1) His Majesty's Government may, in order to execute

objectives of this Act, issue necessary directives to the Entrepreneur, trade unions,

child welfare homes and child care organizations for protection of rights and interests

of the children.

(2) It shall be the duty of the all concerned parties to abide by the directives issued by His Majesty's Government.

26. Alteration in Schedule: (1) His Majesty's Government may add more risky jobs in the

schedule having published notice in the Nepal Gazette.

(2) While adding and risky job in the schedule, His Majesty's Government may, if it deems fit, seek opinion of the Child Labor Prohibition Committee.

(3) After 30 days from the date of publication of the notice pursuant to sub-section (1), the amendment shall be deemed to have been changed.

27. Power to Frame Rules: In order to enforce objectives of this Act, His Majesty's Government may frame necessary rules.

28. Repeal and Amendment: In the Labor Act, 2048, the following amendments have been made.

(a) Clause (i) of section 2 is repealed.

(b) The words "of sixteen years" are substituted by removing the earlier words "of fourteen years of age"

(d) After section 32, the following sections of section 32A and 32B

are

inserted: –

32A. Minor not to be engaged in Works without Adequate Guidelines or of Vocational

Training: (1) No minor shall be engaged in works without adequate directives about the concerned working areas or vocational training.

(2) Provisions with regard to adequate directives about the concerned working areas or vocational training to be given to minors pursuant to sub-section (1) shall be as prescribed.

(3) The entrepreneur engaging a minor in work against sub-section (1) shall be liable to a punishment of imprisonment up to three months in maximum or a fine of ten thousand rupees in maximum or the both.

32B. Disputes Relating to Age: (1) In case a dispute arises with regard to age of a minor engaged in an enterprise, the age as per the date of birth certificate of the minor shall be deemed to be his/her actual age.

(2) In case a minor does not have birth registration certificate after having carried out medical tests the age determined by a medical practitioner prescribed by the Department of Labor shall be deemed to be his/her actual age: –

(3) In the Children's Act, 2048 (1991)

(a) Sections 17 and 18 have been repealed.

(b) Chapter 5 has been repealed.

section 53 have been deleted.

(d) Sub-section (10) of section 53 has been repealed.

Schedule -1

(Relating to Sub-section (2) of Section 3)

Risky Business or Works

(a) Business relating to tourism including tourism, residence, motel, hotel, casino,

restaurant, bar, pub, resort, skiing, guiding, water rafting, cable car complex, Pony

trekking, mountaineering, hot air ballooning, parasailing, gulf course, polo, horseriding

and so on;

(b) Service-oriented business such as workshop, laboratory, animal slaughterhouse, cold

storage and so on;

(d) Works relating to manufacture of cigarette, biri; carpet, weaving, dying; wool cleaning; fabrics weaving, dying, washing and printing strips; leather tanning; cement manufacturing and packing; production, sale and distribution of matches, explosives and other flammable materials; production of beer, liquor and other drink items; production of soap; production of bitumen; production of pulp and paper; production of slate, pencil, insecticides, lubricating oils; collection of garbage; processing and electroplating; photo processing and works relating to rubber, synthetic, plastic, lid and mercury;

(e) Works relating to water resources, air, solar power, coal, natural oil or gas, bio-gas or

the like works relating to producing energy and its transmission and distribution;

(f) Works relating to mines, mineral substances, exploration, processing and distribution

of natural oil or gas.

(g) Works relating to rickshaw and carts pulled by human beings.

(h) Works relating to cutting machine.

(i) Works to be done in underground, under water or in excessive height.

(j) Works to be done having contact with chemical substances and

(k) Other risky works or business prescribed by the prevailing laws.

ANNEX-4

Interim Constitution of Nepal 2063 (2006)

PART 3

FUNDAMENTAL RIGHTS

12 Right to Freedom:

(1) Every person shall have the right to live with dignity, and no law which provides for capital punishment shall be made.

(2) Except for the provision in law no person shall be deprived of his/her personal liberty.

(3) Every citizen shall have the following freedoms:

(a) freedom of opinion and expression;

(b) freedom to assemble peaceably and without arms;

(d) freedom to form unions and associations;

(e) freedom to move and reside in any part of Nepal; and

(f) freedom to practice any occupation, be engaged in employment,industry and trade.

Provided that,

(1) nothing in sub-clause (a) shall be deemed to prevent the makingof laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among thepeoples of various castes, tribes, religion or communities, or on any act of defamation, contempt of court or incitement to an

offence; or on any act which may be contrary to decent public behaviour or morality.

(2) nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of Nepal .

(3) nothing in sub-clauses (c) and (d) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes religion or communities, or which may instigate violence, or which may be contrary to public morality.

(4) nothing in sub-clause (e) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities.

(5) nothing in sub-clause (f) shall be deemed to prevent the making of laws to impose restriction on any act which may be contrary to public health or morality, to confer on the State the exclusive right to undertake specific industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.

13 Right to Equality:

(1) All citizens shall be equal before the law. No person shall be denied the equal protection of the laws.

(2) There shall be no discrimination against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe, origin, language or ideological conviction or any of these.

(3) The State shall not discriminate among citizens on grounds of religion, race, caste, tribe, sex, origin, language or ideological conviction or any of these. Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement women, Dalits, indigenous ethnic tribes, Madeshi or peasants, labourers or those who belong to a class which is economically, socially or culturally backward, or children, the aged, disabled or those who are physically or mentally incapacitated.

(4) There shall be no discrimination with regard to remuneration and social security between men and women for the same work.

14 Right against Untouchability and Racial Discrimination:

(1) No person shall, on the ground of caste, descent, community or occupation, be subject to racial discrimination and untouchability of any form. Such a discriminatory act shall be liable to punishment and the victim shall be entitled to compensation as provided by the law.

(2) No person shall, on the ground of caste or tribe, be deprived of the use of public services, conveniences or utilities, or be denied access to any public place, or public religious places, or be prevented from performing any religious act.

(3) No person belonging to any particular caste or tribe shall, while producing or distributing any goods, services or conveniences, be prevented from purchasing or acquiring such goods, services or conveniences; or no such goods, services or conveniences shall be sold or distributed only to members of a particular caste or tribe.

(4) No one shall be allowed to purport to demonstrate superiority or inferiority of any person or a group of persons belonging to any caste, tribe or origin; or to justify social discrimination on the basis of cast and tribe; or to disseminate ideas based on caste superiority or hatred; or to encourage caste discrimination in any form.

(5) Any act contrary to the provisions of clauses (2), (3) and (4) shall be punishable in accordance with law.

17 Education and Cultural Right:

(1) Each community shall have the right to receive basic education in their mother tongue as provided for in the law.

(2)Every citizen shall have the right to receive free education from the State up to secondary level as provided for in the law

(3) Each community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civilisation and heritage.

18 Right regarding Employment and Social Security :

(1) Every citizen shall have the right to employment as provided for in the law.

(2)Women, labourers, the aged, disabled as well as incapacitated and helpless citizens shall have the right to social security as provided for in the law.

(3)Every citizen has the right to food sovereignty as provided for in the law.

20 Rights of Woman:

(1) No woman shall be discriminated against in any way on the basis of gender.

(2) Every woman shall have the right to reproductive health and other reproductive rights.

(3) No physical, mental or other form of violence shall be inflicted on any woman, and such an act shall be punishable by law.

(4) Sons and daughters shall have equal rights to ancestral property.

21 Right to Social Justice:

Women, Dalits, indigenous ethnic groups, Madheshi community, oppressed group, the poor farmers and labourers, who are economically, socially or educationally backward, shall have the right to participate in the state institutions on the basis of principles of proportional inclusion.

22 Rights of the Child:

(1) Every child shall have the right to his or her own identity and name.

(2) Every child shall have the right to be nurtured, to basic health and social security.

(3) Every child shall have the right not to be subjected to physical, mental or any other form of exploitation. Any such an act of exploitation shall be punishable by law and any child so treated shall be compensated as determined by law.

(4) Helpless, orphan, or mentally retarded children, children who are victims of conflict or displaced and street children at risk shall have the right to receive special privileges from the State [to ensure] their secure future.

(5) No minor shall be employed in factories, mines or in any other hazardous work nor shall be used in army, police or in conflicts.

29 Right against Exploitation:

(1) Every person shall have the right against exploitation.

(2) No person shall be exploited in the name of custom, tradition and practice, or in any other way

(3)No person shall be subjected to human trafficking, slavery or bonded labour.

(4)No person shall be subject to forced labour.

Provided that nothing in this clause shall prevent the enactment of a law requiring citizens to be engaged in compulsory service for public purposes.

30 Right Regarding Labour:

(1) Every employee and worker shall have the right to proper work practices.

(2)Every employee and worker shall have the right to form trade unions, to organise themselves and to engage in collective bargaining for the protection of their interests in accordance with law.

[1] The greatest festival of Tharu community which falls in mid January

[2] See introduction

[3] See

[4] Activities held to support the Kamlaris and ex-Kamlaris in the field of education, economic security, and enjoyment of their basic rights as a child

[5] The Giddhe Press

[6] INSEC report

[7] See annex

[8] See annex

[9] See annex

[10] Backward Society Education, an NGO working in the field of bonded labour

[11] Bardia, Kailali, Kanchanpur, Morang, Saptari and Jhapa districts

[12] See methodology

[13] Kamlaris are also a part of it

[14] A joint government/NGO body led by the CDO and with participation of NGOs Friends of Needy Children (FNC), SWAN and HELP-Nepal, which looks into child labor issues

[15] NYOF website

[16] Interview with SWAN coordinator

[17] Supported by over one dozen NGOs and INGOs including Friends for Needy Children (FNC) and SWAN

[18] OHCHR regional office, Nepalgunj

Confidential source

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Wednesday, February 2, 2011

A STUDY OF NEPALI PRINT MEDIA

CHAPTER ONE:

INTRODUCTION AND BACKGROUND

Introductory Remarks

Chapter- 1

Chapter 3

Provisions Relating to the protection of the child and relating to the guardian

Miscellaneous

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