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Child Policy Act 2075

This document summarizes the key aspects of the "Act Relating to Children, 2075 (2018)" in Nepal. It establishes 10 chapters that define children's rights, responsibilities towards children, juvenile justice processes, special protections for vulnerable children, institutional provisions, enforcement of children's rights, offenses against children, punishments and compensation, and miscellaneous provisions. Key areas covered include definitions of terms, rights of the child, responsibilities of families and the state, juvenile court processes, alternative care for children in need, standards for child protection, and establishing authorities to oversee child welfare.

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shreya Dahal
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131 views31 pages

Child Policy Act 2075

This document summarizes the key aspects of the "Act Relating to Children, 2075 (2018)" in Nepal. It establishes 10 chapters that define children's rights, responsibilities towards children, juvenile justice processes, special protections for vulnerable children, institutional provisions, enforcement of children's rights, offenses against children, punishments and compensation, and miscellaneous provisions. Key areas covered include definitions of terms, rights of the child, responsibilities of families and the state, juvenile court processes, alternative care for children in need, standards for child protection, and establishing authorities to oversee child welfare.

Uploaded by

shreya Dahal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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"Act Relating to Children,

2075 (2018)”
Discussion

Overview of the Act


Chapter -1
Prilimary
Definitions:
Orphan children
Investigating authority
Children in conflict with law
Juvenile Court
Guardian
Children in need of special protection
Child sexual harassment/abuse
Ministry
Chapter -2
Rights of the Child
Right to live
Right to name, nationality, and identity
Right against discrimination
Right to live and meet with the parents
Right to protection
Right to participate
Right to freedom of expression and information
Right to open an organization and assemble
peacefully
Right to privacy
Special rights of children with disabilities
Right to nutrition and health
Right to sports, entertainment and culture
Right to education
Chapter -3
Responsibility towards
Children
Priority to be given for the best interests of children

Responsibility of the family or guardian

Obligation of the State

Responsibility of the media sector


Chapter -4
Relating to Juvenile
Justice
Matters to be considered while dispensing the
juvenile justice
To take a child under control
Provision relating to establishment of observation
chamber
Special provision relating to investigation and
prosecution
Provision relating to trial
Rights of child victim

Rights available to child in the course of hearing

To divert

Matters to be considered in making diversion

Procedures to be followed while making diversion

Formation of the Juvenile Court


Exercise of jurisdiction of the Juvenile Court

Proceeding by the Juvenile Court

Cases to be transferred to the Juvenile Court

Cases to be transferred to the Juvenile Court

Provision relating to trial

Provision of in camera bench


Provisions relating to punishment
Period for disposing of the case
Reform period may be reduced or remitted
Restorative justice
Not to be considered disqualified
Punishment not to be counted
Not to be handcuffed, shackled or kept in solitary
confinement
Provision relating to child reform home

To shift children suffering from chronic or serious

disease to another place:

Psycho-sociological and psychological study report

Central Juvenile Justice Committee

District Juvenile Justice Committee


Chapter -5
Special Protection and
Rehabilitation of
Children
Children in need of special protection

Provision of alternative care

Protection of children

To appoint or designate guardian

Establishment and operation of children’s home

Duration of stay at children’s home


Family reunion to be made

Liability relating to rehabilitation and social

reintegration

Chief of the organization to be responsible

Standards relating to child protection

Monitoring and reporting


Chapter -6
Institutional
Provisions Relating to
Rights and Welfare of
the Child
National Child Rights Council

Provincial and Local Level Child Rights Committee

Child welfare authority

Social service provider and child psychologist

Child Fund
Chapter -7
Protection and
Enforcement of the Rights
of, and Liabilities Towards,
the Child
Local Level to enforce the rights of the child

To enforce the rights of the child


Chapter -8
Offences against the Child
Offences against the child

Not to be deemed eligible

To give information

Temporary protection service

Rescue, protection and health check-up to be made

Rehabilitation centre
Chapter -9
Punishment, Compensation
and Case Trying Authority
Punishment

Compensation

Statute of limitation

Power to try cases

Government of Nepal to be plaintiff


Chapter -10
Miscellaneous
Duties of the child

To maintain confidentiality

Provisions relating to probation authority

Case not to be tried and disposed of without legal

practitioner

Appeal

Priority to be given in proceedings of case


Basis for determining children’s age

Act to prevail

Power to frame rules

Power to frame guidelines and operational

procedures

Amendment, repeal and saving


Resource

Link:
https://lawcommission.gov.np/en/?cat=637
Thank You

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