Dear guardian

Almost a year back, I was having dahi puri at New road, when a small girl, roughly around 9-10 years of age came to me and asked for money. I asked her if she would have the dahi puri with me and she nodded. She ate it with great delight, at least it seemed so. Then she asked for money again. I asked her where her parents were and she ran away. 

Child beggary is a prominent problem in Nepal, especially in busy city areas. The Prime Minister has committed to ending child beggary in Nepal, but the plans and policies for this are either non- transparent or non-existent till now. 

State has provided the rights of children as fundamental rights in article 39 of constitution of Nepal. Child beggary itself is prohibited by section 66(2j) of child rights act 2075. Article 19 of CRC requires states to protect children from all forms of violence and exploitation, which must be a cardinal point to focus for street children who are highly vulnerable to abuse. Despite these laws, many children still end up begging due to difficult circumstances.

Beyond the specific differences of each case concerning the reason behind the children coming to streets that has been carried out by multiple empirical researches, most of the stories have a common issue that shows the intolerant families situation and the experiences of poverty. Witnessing constant violence and abuse in the home amongst parents, not being able to have a full plate meal are unimaginable experiences for children growing up to go through. So their desire to travel in the hope of finding a better life results in facing a slew of other problems, one of them being children of streets tackling more horrible situations such as being exploited, sexually assaulted, and prone to a number of diseases like malnutrition and injuries. This harsh environment exposes them to dangers like drug addiction, with some as young as nine years old regularly using marijuana and even more harmful substances like glue and benzene, poor living conditions, lack of access to food, education, and healthcare. Research published in the Journal of Health Promotion highlights that street children face numerous hardships, including lack of shelter, hunger, and exposure to violence, drugs, and criminal activities. Most of them are living, sleeping and working under the open sky and engaging to survive as they can without family support, for example, either by presenting themselves as rag pickers, dishwashers, shoeshine boys and others.

Poverty and marginalization of children are often associated with developing countries, but they also exist in the middle of Europe. However, they have time and again brought plans and policies to tackle this problem. The European Parliament’s Committee on Civil Liberties, Justice, and Home Affairs has emphasized the urgency of addressing this issue. In its Communication ‘Towards a Strategy on the Rights of the Child’, the Committee advocated for a decisive goal: ensuring that no child remains homeless or living on the streets in the EU. 

On the other side of the world, Brazil came up with the social welfare program called Bolsa Familia, where they provided financial aid to poor families, on the condition that they send their children to schools and get them properly vaccinated. 

In Nepal, various agencies like the National Child Rights Council and various NGOs are constantly working to find a quick solution to this problem, mostly by rehabilitating them with their parents. 

According to the Resource and Information Centre of Child Workers in Nepal (CWIN) there are approximately 5,000 street children, with around 1,200 to 1,500 residing in Kathmandu alone in Nepal. Krishna Thapa from Voice of Children (VOC) highlighted that sexual abuse of male street children by foreigners is a severe and rampant issue, and that over 40 such foreign individuals might have been involved.

The Government of Nepal, under Prime Minister KP Sharma Oli, launched a campaign in 2016 that rescued 574 street children, aiming to eventually eradicate street begging through continued efforts. Despite these initiatives, the Centre for Research on Education, Health and Social Science (CREHSS) notes that the problem remains inadequately addressed by political authorities, with Kathmandu and Birgunj experiencing growing numbers of street children. The core reason being unidentification of the in depth problem, mostly rooted with poverty and socioeconomic reasons.  

Foremost plan of the government must be primary identification of the issue; it could be done by forming a separate committee for its investigation. In current practices, the agencies ‘rescue’ the children  and reunite them back to the family then what? Major problem is poverty itself. Children run away from the family given their harsh socioeconomic background and they will run away once again. It is the responsibility of the state to ensure that parents are able to provide at least basic living standards to their children. One of the major steps for eradicating poverty could be by involving parents in employment generation programs. In the cases where their families are not traced, they are sent to child care homes that contribute to their education and basic services, but irregular inspection of these homes by the government causes them to be treated poorly. 

One of the other major problems that is rampant currently is beggary or using a child in beggary, by parents themselve. In Pashupati and various other religious sites, women carry their children in their lap and beg for money. If children are toddler, they roam here and there in the temple. Beggary prohibition act, though remains as a dead law, has restricted using child in any form of beggary. This is one of the forms of using a child in beggary. Many of them are the women who are breastfeeding the baby and begging or taking their children with themselves and begging.

Again, pushing everyone asking for the money from the temple out might not be a solution to this. Rather, the root socio economic cause behind this, i.e poverty needs to be addressed which was never reflected in the intent of the beggar prohibition act, probably one of the reasons it remains non-functional. Such an act defined as ‘crime’ by the law has a deep sociological problem embedded within, that is poverty. 

In terms of statistics, the population of street children are overlooked in census counting, one of the major reasons being their parents remaining untraced. But the constitution clearly provides that a child whose parents remain untraced and are found in the borders of our country are the citizens of Nepal. The vaccination programs to children, or various programs brought by the government for child’s welfare, never encompasses the street children. They are mostly deprived of state run programs and policies for children like health check ups or scanning of certain diseases. These vulnerable populations must be counted countrywide and on the government’s approach. Street children and their families should be included in national census data, health registries, and government welfare databases. This will ensure they are eligible for various welfare schemes, including healthcare, education, and financial support.

Every year, the budget allocated for social welfare programs is not properly utilized, while there are multiple areas for it to work on. KMC budget review of the ongoing fiscal year provides least utilization of the budget in the employment sector, after land management. If the metropolitan can integrate employment generation with coordination from social welfare programs, it could be beneficial. A robust solution for this issue must involve sustainable livelihood programs for families of street children, like creating programs regarding vocational training to the families and a linkage between child welfare programs and existing prime minister employment generation programs. Families of street children should be actively prioritized for these programs, ensuring a steady income source.

Many national and international organizations like NCRC, CWIN have been working to rescue these children from the streets, rehabilitate them or send them to their families. But rehabilitating them or uniting them with family could not be counted as a success rate. Whether or not they have again run away from the family, whether they are living in better condition and happier, promoting their physical, mental and emotional growth must be looked after.Tracking the success rate of children who are rescued, whether they remain with their families, their economic status after intervention, and their overall well-being is another essential way forward. Rescued children and their families should be regularly checked on for at least 2–5 years to prevent re-entry into street life. Partnerships with community-based organizations can help maintain this contact.

Simply rescuing and reuniting children with families or placing them in childcare homes cannot be the final goal. After initial rescue, children need continuous support, one of the crucial ones being Long-term psychological counseling to address trauma, abandonment, or addiction issues. This is another core area the government must focus on. 

Article 39 (9) of the constitution provides that the child who is helpless, orphan, with disabilities, conflict victim, displaced or vulnerable shall have the right to special protection and facilities from the State. To do any legal or administrative work or to carry responsibility for children, law demands a guardian, which in the case of the helpless children, whose home has been the streets, is state. So Dear Guardian, it's high time that you actually execute the laws you have committed to implement, not just surfacially and not just for the sake of showing you did good, but actually researching deep for actual solution of this problem, mostly embedded in economic factors. Efforts must go beyond superficial measures to address the root causes of poverty and provide comprehensive, sustainable support for families. The ‘best interest’ of children is not to be limited in legal provisions. After all, we all were children once. 

Monika Khatiwada

BA LLB IIIrd Year

Kathmandu School of Law 

Dear Maa,

what does it mean to be a woman?

to me, being a woman is to be divine,

to be the greatest embodiment of God's prolific powers.

to be a woman is to be it all, and more.

to be a woman is to be you, maa. 

 

most of what i’ve learned of the world

i’ve known from you, maa.

i’ve learned that knowledge is the greatest form of power one can acquire,

that to know is to be.

i’ve learned that freedom comes with boundaries, too,

that to be free is to be limited.

i’ve learned that faith should be bigger than fear,

that hope keeps us moving. 

 

i look at you everyday and,

everyday i find myself awestruck.

i look at you, maa.

i look at the courage in your beauty.

i look at the strength in your warmth.

 

i look at the force in your generosity.

i look at the zeal in your care. 

and i find myself everywhere.

 

you walk me through darkness,

while talking of light.

you push me down heights,

while talking of flight.

how do you do it, maa?

where did you learn?

how many courses did you take,

on how to be a mom. 

 

to be a woman is to be it all, and more.

to be a woman is to be you, maa.

 

Sadikshya Khadka

A-Level Graduate

Rato Bangala School

Analysis of legal landscape regarding internships in Nepal

Internship in Nepal is gradually gaining recognition as a critical link that connects academic study and professional careers, offering practical experience to students and fresh graduates. However, the legal framework of internships remains largely undefined and hence marked by inconsistencies and exploitation. This is particularly evident in professions such as law, chartered accountancy, and architecture, where the internship is often carried out without any clear oversight, and its linkage with learning objectives is sacrificed. Instead of being seen as learning opportunities, internships are sometimes used as a way to justify paying lower wages.

Existing legal framework and shortcomings 

While the issues of internship indirectly come under the Labor Act 2017, Nepal’s main legislation regarding employment, it does not specify regulations relating to internships. The Act deals with ‘trainees’ and provides certain protections, such as limitation of working hours, safety measures, and compensation in case of injury. Although these may include internships related to academic courses, the ambiguity of definition creates legal ambiguity. They are allowed to work for eight hours daily or 48 hours in a week. They are also provided with medical support, compensation for injuries; however, many tasks which are beyond the training they mostly get transferred or change their status into ordinary laborers which complicates the legal situation. 

Due to this lack of clear regulation, there have been many abuses of internships as a labor law loophole. Interns are often overworked and underpaid, with basic employee protections denied. Minimum wage issues, work hours, safety standards, and compensation for injuries 

are frequently disregarded, which places interns in a precarious situation. Many work long hours with neither formal agreements nor contracts, with little to no financial compensation, and undefined roles. 

Liability and workplace protections 

As no particular legislation exists concerning the matter, liability for work performed by the student will be quite undetermined. Such a legal vacuum provides uncertainty to who would be liable for any damage or loss resulting from performance of the interns, which arises rather typically in cases of legal disputes, especially negligence or misfeasance. In most instances, little protection from workplace harassment, discrimination, and mistreatment can be accorded to interns and limited ways of appeal against those hostile environments. These requirements do not extend to employers who must provide structured learning, mentorship, or adequate training, which often reduces internships to poorly paid work rather than an educationally enriching experience. 

Need for comprehensive regulation 

The urgent need exists for comprehensive regulation through legislation that can provide a clear definition of internships and the difference between them and regular employment or traineeships. Such a framework must detail both the rights and responsibilities of the interns and the employers, providing minimum conditions for work, including reasonable hours, fair

compensation, and safe environments. Also, educational institutions bear the responsibility to guarantee the quality of internships, specify agreements with host organizations, and monitor placements for their adherence to educational and professional standards. 

Stronger protections with clear definitions of what constitutes a genuine learning experience would afford better protection for an internship, making the job market more transparent as a result. Thus, moving ahead in the Nepalese employment landscape, more elaborated regulation of internships will be required to accompany economic growth and ensure that internships provide an actual route into professional careers. 

Manish Khadka 

BA LLB 4th Year 

Kathmandu School of Law

Rethinking disaster management in Nepal: Lessons from this monsoon

In the early hours of 12 July 2024, two buses tragically plunged into the Trishuli River at Simaltal, Chitwan, claiming several lives and testing Nepal’s disaster response capacity. Within hours, 52 trained members of Nepal's Armed Police Force (APF), along with more than 200 personnel deployed in rescue operations, arrived at the scene and started their work. However, in a move that has become all too familiar, the government sought international assistance, which led to the deployment of 12 personnel equipped with advanced technology like sonar systems and magnets—tools that Nepal lacked—for search operations.

The result? The APF divers, operating with limited equipment, outperformed the foreign team in terms of efficiency. The incident exposed the fact that Nepal's disaster response often relies on foreign assistance, even when capable local teams exist. This tendency raises critical questions about the country's dependency mindset and its failure to empower its own disaster management infrastructure. Despite facing frequent natural disasters—earthquakes, floods, landslides, and more—the country has yet to establish a comprehensive, well-resourced, and functional system, not just a lame institution, for disaster preparedness and response. 

International assistance can be a lifeline in moments of crisis, but relying all the time on it as the primary solution exposes Nepal's willingness and ability to protect its citizens. 

What the Simaltal incident teaches us

The Simaltal incident is a reminder of the need to shift our focus from reactive measures to proactive disaster management. If we are to quickly scan the current DRR regime in Nepal, at least five key actions can be said to be crucial to correcting our past mistakes and building a resilient DRRM system.

Firstly, let’s not just enjoy doing one after another workshops for response planning in star hotels. Instead, the Ministry of Home Affairs must invest in modern equipment and technology disaster risk reduction measures. The Study says if we invest 1 USD in preparedness, we could save 7 USD in post-disaster management. 

The APF divers’ performance highlighted their courage and commitment, but it also exposed the limitations of working without advanced equipment. The tools brought by the foreign rescue divers--such as sonar systems for underwater detection--are not luxuries but necessities for modern disaster response. Nepal must invest in acquiring and maintaining such equipment, along with training personnel in their use. 

 

Second, the Ministry will be at ease if it invests in empowering and equipping national forces and local governments. Nepal has competent agencies like the APF and Nepal Army, yet their potential is undermined by a lack of resources. We must provide these agencies with continuous training, better infrastructure, and the authority to act autonomously in times of disaster. Local governments, too, need to be integrated into the national disaster preparedness framework, enabling them to take the lead in disaster-prone areas.

Third, given the advancement in technology, we must invest to fully develop a robust multi-hazards early warning system. Let me bring up a case. The Department of Hydrology and Meteorology had projected above-normal rainfall for this year. By mid-monsoon, 70 percent of the rainfall had already occurred and by early August an average of 90 percent rainfall had been recorded. Early warnings are even more critical, where every second matters for saving lives and properties. 

On July 6, several villages in Bagmati and Lumbi were flooded due to heavy rainfall a day before (on July 5) and Kanchanpur of Sudurpaschim recorded 624 mm of rainfall in 24 hours which is extremely heavy rainfall.  The news media had published warning news including expert interviews two days in advance citing weather forecasts, but the National Disaster Risk Reduction and Management Authority (NDRRMA) failed to act promptly. All it did was upload an awareness song on its website only by late afternoon on July 6. 

The lack of an effective early warning system has exacerbated the impact of disasters in several such cases, including during the Bhotekoshi floods in 2016 and the recent Thame floods in Solukhumbu. Nepal needs a comprehensive, tech-enabled early warning system that can provide real-time data on natural hazards such as floods and landslides. One that is now run by the Department of Hydrology and Metrology (DHM) requires a massive upgrade in its current EWS

Fourth, it is time we prioritize Disaster-Resilient Infrastructure given the losses we have already faced with the multi-million-dollar Melamchi project constructed on ADB loan. Whether it's flood barriers, earthquake-resistant buildings, or safe roadways in landslide-prone areas, investments in infrastructure can dramatically reduce both the human and economic toll of disasters. Nepal’s geography is challenging, but modern engineering can mitigate these risks if prioritized. A  flood in the Koshi basin, for example, could wipe away investment made in the Hydropower sector (some already in construction, some in pipeline) worth over US 10bn. Climate-proofing this investment makes a business case.

Finally, Nepal needs to roll up its sleeves and work hard to institutionalize preparedness and response through policy and governance. Not much progress has been made in this sector despite the substantive support from international partners. 

The unfortunate reality is that the Ministry has no information on the impact of the 36 projects implemented in areas like DRR and urban resilience with donor's money. This reflects a potential misuse of donor funds.

While Nepal has made progress in policy-making, including setting up of NDRRMA, the implementation often falls short. It lacks full authority like the one enjoyed by India’s National Disaster Management Authority (NDMA). This also means creating a clear chain of command during emergencies. During the Simaltal tragedy, the state was in a doldrum as the parties were busy flexing muscles to form a new government. A strong NDRRMA would have come into action irrespective of any change in the political equation in Kathmandu. 

 All these failed disaster responses that we witness every monsoon, therefore, should not be remembered only for its loss of life but as a wake-up call. If Nepal fails to learn from these repeated incidents, we risk falling into the same trap of reactionary measures that only exacerbate the loss and damage.