Lalitpur District Court: Workshop on Juvenile Justice & Restorative Justice

On 8 June 2024, Nepal Forum for Restorative Justice, Lalitpur District Court and Voice of Children (VOC) organized an workshop on mainstreaming restorative justice in cases of juvenile justice in Nepal:

• To bring together broader stakeholders from government and non-government sectors working in areas of children and juvenile justice and discuss implementation of sec 39 of The Act Relating to Children, 2018 and rule 29(3) and (4) of the Rules (procedures) relating to implementation of juvenile justice. 
• To explore ways to further restorative justice principles within the ambit of the juvenile justice system as espoused in Nepal’s laws, especially the Act Relating to Children, 2075 (2018)

The Nepal Forum for Restorative Justice (NFRJ) has been working to promote and establish restorative justice and practices in Nepal through its various initiatives such as conferences, training, workshops, research and publications. The Section 39(1) of the Act Relating to Children, 2075 (2018) states that the juvenile justice system must be administered in accordance with the restorative justice principle, and Section 39 (2) states that any additional restorative justice-related requirements must be prescribed. Despite the constitutional and statutory provisions, the real translation into practice is yet to be seen. There is a role of both governmental agencies and non-governmental organizations in materializing a restorative justice that is child-friendly and juvenile-sensitive.

A total of 41 participants including the organizers had attended the conference representing government organizations, non-government organizations and individual level. Participants included justices/judges/government attorney /senior judicial officers (registrar & probation officers), officials of the Supreme Court and Lalitpur District Court, Lalitpur Bar Association, District Police Circle,Lalitpur, CCJC, UCEP, social workers and psycho-social counselors.

Sessions

Welcome ceremony and speech

The conference kicked off by welcoming all the guests to the conference hall by Ms. Kabita Luitel, NFRJ continuing the opening session by introducing the Chief Guest, Special Guest and all the participants. At the end of the session, Mr. Durga Prasad Bhattarai, Registrar of Lalitpur District Court took the event forward by delivering a warm welcome speech which also shed light on the rationale of the program before all. Later, the session was taken ahead simultaneously by Krishna Magar Thapa, Executive Director of Voice of Children and Ram Tiwari, Executive Director of Nepal Forum for Restorative Justice providing a brief introduction of their organization and the works of their organizations. 

Presentation on “The fundamental principles of restorative justice and the application of restorative justice in juvenile justice.’’  by Hon. Til Prasad Shrestha, Justice of Supreme Court of Nepal 

Hon. Til Prasad Shrestha’s presentation on restorative justice has emerged as a paradigm shift in the way we perceive and respond to crime and harm within our communities. His presentation aimed to provide a comprehensive understanding of restorative justice, its historical roots, theoretical underpinnings, and practical applications across various jurisdictions. Additionally, it explored the legal framework in Nepal, the benefits of restorative justice, and its potential integration with the criminal justice system. Some of the major points from his presentation: 

Presentation on “Legal provisions related to juvenile justice in Nepal (regarding restorative justice)” by Former Judge, Hon. Dharma Raj Poudel 

Hon. Dharma Raj Poudel’s presentation had highlighted Legal Provisions, the Difference between Criminal Justice and Restorative Justice, the Difference between Criminal Justice and Juvenile Justice, Issues Addressed by Restorative Justice, Prevalent Best Practices, the Current Situation, Challenges and the Way Forward, and the Application of Restorative Justice in Juvenile Justice Administration. 

Presentation on “State of juvenile justice implementation at the Lalitpur District Court and Case Study” by Hon. Pushpa Raj Thapaliya, Judge, Lalitpur District Court. 

Hon. Pushpa Raj Thapaliya’s presentation had covered a review of various types of cases filed under Section 66 of the Children’s Act, 2075 (2018) at Lalitpur District Court involving children. The cases with numbers were provided including; theft-27, disorderly conduct-26, assault/willful killing-10, rape/sexual abuse-12, drugs-4, traffic accidents-4, sexual exploitation of children-13, banking offenses and others-2.

• Brief summaries of several cases were provided, highlighting the circumstances, offenses, and judgments rendered. These cases involved issues such as lack of parental supervision, exploitation of children, teenage relationships, substance abuse, sexual harassment, and traffic accidents caused by minors employed illegally.
• Challenges faced in handling child bench cases were discussed, such as delays due to absconding co-accused, lack of legal guardians for juveniles, unclear provisions on fines, inadequate psychosocial reports, and lack of post-sentencing monitoring reports.

Keynote remarks and insights on restorative justice by the Acting Chief Justice and CCJC, Hon. Justice Dr. Ananda Mohan Bhattarai:

• Addressed the judiciary’s role in the preparation, implementation, and execution of legal codes related to juvenile justice in Nepal. 
• Nepal’s pioneering position as the first South Asian country to have a sentencing act that distinguished between adult and juvenile offenders.
• According to Nepalese law, individuals above 18 years of age who committed crimes should be sentenced to imprisonment, while youth offenders should be given an opportunity and segregated in correctional homes. 
• Serious concern on the separation of the drug/substance abusers in the juvenile homes for better justice to all, stating that if they were not segregated, then more recidivism would be seen in the near future.

Conclusion

The event had highlighted the complementary nature of restorative justice and the criminal justice system. Through case studies, it was demonstrated that restorative justice practices could be successfully integrated into the criminal justice process with the support of civil society organizations (CSOs), the willingness of courts to collaborate, and legal aid facilitated by organizations like NFRJ. There was a clear need for guidelines and directives to formally incorporate restorative justice into the juvenile justice system. This would provide a framework for implementing restorative approaches in a consistent and effective manner for youth offenders. Few suggestions and key takeaways:

1. Restorative justice principles needed to be adopted in the administration of juvenile justice.
2. Guidelines should be issued.  
3. Discussion on restorative justice should be opened at any stage of juvenile justice proceedings.
4. While preparing guidelines on restorative justice, all cases handled by juvenile courts/benches should remain open, based on the potential punishment according to the severity of the offense.
5. It would be appropriate to have provisions for utilizing facilitators and mediators for better management.

Moving forward, NFRJ was well-positioned to assist the Lalitpur District Court in pioneering restorative justice initiatives. With its expertise in legal aid and facilitation, NFRJ could help build the capacity of the court system to embrace restorative practices alongside traditional criminal proceedings.