Jagriti Child Club

A profile of Jagriti Child Club Nepal (JCCN): First registered child club of Nepal Pragatinagar VDC, Nawalparasi

Compiled by:

Roseena Gautam

Reporting and documentation assistant

Jagriti Child and Youth Concern (JCYC) Nepal

Introduction

Jagriti Child Club Nepal (JCCN) was established in 9 April 1992 in Pragatinagar VDC in Nawalparasi district. Initially the club was named as Nawa Prabhat Child Club. Later the name was changed into Jagriti Child Club Nepal in 1995. It was established with seven children. The club was formed for the right and welfare of children to make them active as per Convention on Rights of a Child, 1989. Children used the club as a vehicle for the right and welfare of children and to make them active according to CRC. It is the organization, which has arisen the voice demanding the rights for the children to set up a club without citizenships. It is the first registered child club of Nepal.

Background

Jagriti Child Club Nepal has been working for welfare and rights of children in Nawalparasi district since 1992. During a protest of opposition in April 6, 1992, an innocent seven year old onlooker was shot at in Kathmandu and many innocent children were wounded. Against that tyranny, a child club was set-up aiming to protect children and child rights. When the club sought for formal registration in 1997, it was denied by District Administration Office, Nawalparasi stating that children below 16 years don’t have citizenship so they could not allow JCCN’s registration. Later JCCN went to Home Ministry for its formal registration but they were denied by Home Ministry as well in 1998. Consequently, a case was filed, with the help of CWIN, on the Supreme Court of Nepal on January 18, 1999 by Mr. Tilottam Paudel, who was the president of the club at that time. The case was filed on the basis of section 12 of United Nations Convention on the Rights of a Child (UNCRC), 1989. The particular section makes clear provision for children’s right to open organizations and their participation in such organized activities. According to the law of Nepal any ratified international law is equally valid as the law of the land. Ultimately, the Supreme Court of Nepal decided in the favor of child club in August 9, 2001 and making JCCN first child club of Nepal to registered formally. After the legal battle of eight years, District Administration Office of Nawalparasi finally registered the club in September 9, 2007. It was possible because the Supreme Court gave its verdict in the favor of .Jagriti Child Club. The verdict of Supreme Court has opened doors for child clubs across Nepal to get formal registration. All child clubs are encouraged to form networking and share problems, experiences and organize together. It was affiliated in District Children Welfare Board (DCWB no. 1) in 2001, registered in District Administration Office Nawalparasi (DAO no. 1203) in 2007 and affiliated by Social Welfare Council (SWC no. 23781) in 2007. But, affiliation to DCWB has no legitimacy. It was done, after the case was filed, only for registration even though law did not allow then.
Similarly, it is one of the members of Pragatinagar Village Child Club Network. Meanwhile, the club is presiding the network. As of June 25, 2011, there were 1500 members around the country; and, 150 members in Pragatinagar VDC alone. The club is one of the pioneers to pressurize stakeholders for declaration of child-friendly VDC since 2005. Eventually, Pragatinagar VDC has been declared as first child-friendly VDC in 24 December, 2013.

Objectives

To make children, their parents, and other family members aware about child rights
To foster the creativity of children
To advocate, promote, implement and usage of major four rights mentioned on Convention on Rights of a Child (CRC), 1989 which was passed by UN member countries and ratified by Nepal on September 14, 1990. The major four rights mentioned on CRC, 1989 are:
1. Children’s right to live
2. Children’s right to protection
3. Children’s right to development
4. Children’s right to participation
To organize various programs on local level to ensure welfare and rights of children
To raise voice for protection of arts, literature, social harmony, native language, native culture, and education; and raising voice against social evils and incidence of child rights violation
To lead meaningful participation of children from local level to national level

Features of the club

Nepal’s first and historical child club established in April 6, 1992
Partner to build nationally and internationally recognized child-friendly Village Development Committee
Regular auditing
Bank account in its own name
Regular publication of “Bal Indreni” every year
Backbone for shaping independent youths
Students of Bachelors in Law have to study about the club case

List of club presidents

S.No.	Name	Convention	Date	Remarks
	Tilottam Paudel	1^st meet	2048-2051	Founder
	Sanju Sharma	2^nd meet	2052-2053
	Tikaram Acharya	3^rd meet	2053-2054
	Tilottam Paudel	1^st Annual General Meeting (AGM)	2054-2055
	Tilottam Paudel	2^nd AGM	2056-2057
	Bijay Laxmi Sapkota	3^rd AGM	2058-2060
	Geeta Sharma	4^th AGM	2061-2063
	Lilaballab Bhusal	5^th AGM	2063-2065
	Narayan Dhakal	6^th AGM	2065-2067
	Raju Khatri	7^th AGM	2068-2069
	Pratima Dhakal	8^th AGM	2070-2071	Running

During 2059/60 JCCN have had many branches. Conglomeration of these branches held a national conference on 2059/02/11 (May 25, 2002) to 2059/02/16 (May 30, 2002) at Chitwan and formed a central committee under the presidency of Sushil Panta. Additionally, 90 participants- 70 JCCN members and 20 observers- from 16 districts and 21 branches attended the program. However, all the members and concerned stakeholders demanded that JCCN at Pragatinagar VDC should be centered rather than other branches. To make matters worse, the more branches there is the more difficult it became to manage those branches. The members of central committee of 19 members held a conference when they were over 18 years in Kathmandu. This committee has played vital role to make JCCN known in Kathmandu. But, handing over of duties and responsibilities for newcomer was tough; therefore, the committee was deactivated. Since then, all the activities of JCCN have been organized by JCCN of Pragatinagar.

JCCCN has been organizing various activities with the support from concerned stakeholders. Some of the regular activities are given below:

Organizing regular birth registration campaign every year
Promotion of regular immunization campaign
Organization of peace, human rights, and civic education training to children with assistance from DCWB and UNICEF in 2011
Annual color publication of “Bal Indreni” magazine since 2001
Organization of special program, every year, on the occasion of National Children Day in 14 September, International Children Day (20 November), and Children Freedom Day[1] (9 August), Eid on August 9 when the Supreme Court of Nepal decided in the favor of establishment of child clubs
Organization of special program, every year, to exchange wishes during Vijaya Dashami, Deepawali, Eid, and Chhat
Raising issues for and helping to declare Pragatinagar VDC as first child-friendly VDC in Nepal
Providing at least two trainings related to child rights every year
Organization of VDC level children assembly every year
Organization of sanitation programs in communities and schools
Running school enrollment campaign on every academic session
Participation on activities organized by various governmental and non-governmental organizations
Organization of working committee meetings and its office every month
Auditing every year
Organization of annual general meeting in every two year and leadership handover to newly elected president
Educational support to at least 25 school students every year. Until this year, 250 students has received support through approach of JCCN.
Organization of afforestation program every year
Organization of discussion programs; training; folk song, speech, essay writing, story writing, and poem competition; and painting and drawing competition on the issues relating for welfare children
Organization of rallies and interaction programs among stakeholders from Pragatinagar and its surrounding VDCs to make Pragatinagar a chemical fertilizer-free VDC
Volunteering during social, religious and cultural programs
Organization of smoking and substance abuse restriction in schools campaigns

In order to support the child participation campaign organized by JCCN Nawalparasi voluntarily established branches along with their establishment date are given below:

Establishment date (in B.S.)	District
2056	Bhimeshwor, Dolakha
2056	Tadi, Chitwan
2056	Shakti Khor, Chitwan
2056	Bhokasingh, Parbat
2057	Gaidakot, Nawalparasi
2057	Belkot, Nuwakot
2058	Katunje, Bhaktapur
2058	Bhanu Chowk, Chitwan
2058	Sripur, Kailali
2059	Pratappur, Nawalparasi
2059	Tribhuvan Basti, Kanchanpur
2059	Baletaksar, Gulmi
2059	Deurali, Gorkha
2059	Argali, Palpa
2060	Rukum, Chiwang
2060	Rangaethanti,Syangya
2061	Jana Jyoti Higher secondary school, Nawalparasi
2063	Syuchatar, Kathmandu
2064	Kolhoowa, Nawalparasi
2064	Shiva Basti, Nawalparasi
2070	Nashikasthan, Kavre

Aforementioned branches are keeping in touch with JCCN Pragatinagar.

Awards received

CWIN has awared JCCN with best child club in the country in 20 November 2008 on the occasion of International Children Day. Its certificate contains signatures of political leaders including Pushpa Kamal Dahal (Prachanda), Madhav Kumar Nepal, and Grija Prasad Koirala.
District Child Club Network has awarded JCCN with excellent child club on 12 Mangshir 2062.

Leadership of JCCN

Village Child Club Network (VCCN), Pragatinagar VDC

S.No.	Fiscal year	Name	Position at VCCN	Position at JCCN
	067/068	Sanju Dhakal	President	Secretary
	068/069	Sri Krishna B.K.	President	Vice-president
	070/071	Pratima Dhakal	President	President

District Child Club Network (DCCN), Nawalparasi

S.No.	Fiscal year	Name	Position at DCCN	Position at JCCN
	060/061	Geeta Gautam	Vice-president	Member
	069/070	Arman Miya	Secretary	Vice-president
	069/070	Yogita Bhusal	Member	Secretary

District Child Welfare Board (DCWB)

S.No.	Fiscal year	Name	Position at DCWB	Position at JCCN
	060/061	Bijay Laxmi Sapkota	Member	Member

Other representations
1. Child-Friendly Local Governance Village Committee (CFLGVC), Pragatinagar
2. Pragatinagar Village Child Right Conservation and Promotion Sub-committee

Achievements of former child club members

Founder and patron of JCCN, Mr. Tilottam Paudel, has been elected as central general secretary in Association of Youth Organizations Nepal (AYON); as president in Jagriti Child and Youth Concern Nepal; and as coordinator of Community Managed Disaster Risk Reduction Forum Nepal ;
Former presidents Mr. Raju Khatri and Narayan Dhakal and former vice-president Shree Krishna B.K. have been elected in working committee of Pragatinagar Youth Network;
Former president of JCCN and current member of Pragatinagar Child-friendly Governance Committee, Mr. Narayan Dhakal, has been elected as secretary of Student Welfare Forum, Jana Jyoti Multiple Campus, Pragatinagar;
Former joint secretary Mr. Sagar Neupane has been elected as president of Student Welfare Forum, Jana Jyoti Multiple Campus, Pragatinagar.

Aforesaid achievements are some of the examples. Members of JCCN have been working and have been established as researcher, teachers, political workers, social worker, business person, journalist in national and international arena.

Participation

Regular participation on Village Council since 2060
Former president Ms. Geeta Sharma has participated in children and human rights meet held in New Delhi, India on August, 2005
Participation in ward civil forum Pragatinagar VDC since 2062

Working Committee of 2070/72

Working committee formed after eighth General Meeting held on 2070/2/18:

S.No.	Position	Name
	President	Pratima Dhakal
	Vice-president	Arman Miya
	Secretary	Yogita Bhusal
	General Secretary	Nisan Ranabhat
	Treasurer	Sunita Sapkota
	Members	Reet Bahadur KhatriGhanshyam SubediPoonam BhusalSaraswati ShresthaDeema B.K.Amrit BhujelGrishma Ghimere

This team will work from 2070/02/18 to 2072/02/18.

Founder working team formed on 2052/7/2 comprised of following members:

Tilottam Paudel
Sanju Sharma
Surendra Bhatta
Suresh Gautam
Tika Ram Acharya
Ishwor Pandey
Shyam Acharya
Krishna Prasad Sapkota
Surya Bahadur K.C

Annual calendar

JCCN has been preparing and following an annual calendar since a decade. It has been following this calendar for performing its various activities.

Calendar of Fiscal Year 2070/71

S.No.	Month	Activities	Occasion
	Shrawan	VDC level Child conference	Children Freedom Day
	Bhadra	Folk songs and dance competition	National Children Day
	Ashwin	Baal Indreni publication	National Children Day, Dashain
	Kartik	Deusi-Bhailo, and greetings sharing program	Tihar, Chhat, and Eid
	Mangshir	Child rally and training	International Children Day
	Poush	Quiz contest	Christmas, New Year
	Magh	Field visit organized by the club	Martyrs Day
	Falgun	Campaign against violence	Holi Purnima
	Chhaitra	Painting competition and elocution	Regular
	Baisakh	Primary level school enrollment campaign program	New Year 2071
	Jestha	Poem competition and quiz contest	Republic Day
	Ashar	General assembly and meeting	Regular

Support to JCCN

In order to make the movement related to child participation, JCCN received support from different individuals and institutions. A list of individuals who supported JCCN is given:

Mohan Gautam, former VDC President,Pragatinagar VDC
Late Purna Kanta Parajuli, former Vice-president, Pragatinagar VDC
Late Karna Bahadur Thapa, former secretary, Pragatinagar VDC
Rajendra Devkota, former secretary, Pragatinagar VDC
Govinda Khanal, former secretary, Pragatinagar VDC
Gauri Pradhan, founder, CWIN; and former member, National Human Rights Commission (NHRC)
Sushil Pyarkurel, founder, INSEC; and former member, NHRC
Subodh Pyakurel, president, INSEC; and former member, NHRC
Tarak Dhital, CWIN; and then spokesperson, CCWB (current director)
Kumar Bhattarai, CWIN, current spokesperson
Subha Raj Porkhreal, CWIN
Madhav Lohani, CWIN
Prekshya Ojha (Aryal), INSEC
Kabita Aryal, INSEC
Dettatraya Roy, UNICEF
Bhanu Pathak, UNICEF
Sarad Sharma, child development society
Mohan Krishna Sapkota, former deputy Chief District Officer (2055/56), Nawalparasi
Bal Krishna Prashai, former Chief District Officer (2055), Nawalparasi
Khima Nanda Bhusal, school teacher
Tanka Panta, Journalist and editor, Nepal Samachar Patra
Tilak Mahat, district level politician
Bijay Saiju, Concern Nepal
Hom Nath Jaisi, local teacher
Khem Nath Bhattarai
Mahatama Ghimire, and many other personalities

Meanwhile, a list of institutions that supported JCCN is given:

Pragatinagar VDC
CWIN Nepal
Informal Sector Service Center (INSEC)
Central Children Welfare Board (CCWB)
District Children Welfare Board (DCWB)
United Nations International Children’s Emergency Fund (UNICEF)
Jagriti Children and Youth Concern Nepal (JCYCN)
Asian Resource Foundation (ARF) Nepal
Asian Resource Foundation (ARF) Thailand
Patt Porn Thailand
Child organization Nepal
Indreni Samaj Palpa
HECODEF
Vijay Development Research Center, Gaidakot, Nawalparasi
Base Palpa

News Coverage

A copy of historical decision of Supreme Court of Nepal

in the favor of JCCN Supreme Court, Full Bench

Justice Kedar Nath Upadhyaya

Justice Kedar Nath Acharya

Justice Rajendra Raj Nakhwa

Order

Writ No. 174 of the year 2057 (B.S.)

Petitioner: Mr. Tilottam Paudel

Versus

Respondent – Ministry of Home Affarirs and Others

Case: Mandamus with Certiorari

Legal/Constitutional issues

Whether or not children can form an association under the prevailing laws.

The Court heldUnless specifically prohibited by law it shall not be proper to opine that children can be deprived of the fundamental right relating to freedom of association guaranteed by Article 12(2)(c) of the Constitution of the Kingdom of Nepal, 1990 only for the sole reason of minority.Even in the inconsistency with prevalent Nepal laws, the provisions of the Convention on the Rights of the Child, 1989, to which Nepal is also a party, shall prevail as per Section 9(1) of the Nepal Treaty Act, 1990.As an act of registration of the association of the children shall acquire artificial or legal personality there shall be no question of the citizenship or age for such an artificial or legal personality at par with a natural person.

As minors can also be citizens of Nepal by birth and there shall be no legal complication regarding representation of such legal person by a competent major person to carry out the transactions made on behalf of the legal person of which minors are members, the decision of the respondents denying registration of the association is herby quashed.

The facts and order in detail

The facts and orders issued in this writ petition brought before this bench under Rule 3(1) of the Supreme Court Rules, 1992 are as follows:

In order to protect the basic rights of the Children the UN Convention on the Rights of a Child was unanimously adopted by the General Assembly of the United Nations on November 20, 1989 and was ratified by Nepal on September 14, 1990. Article 15 of the Convention has guaranteed the children the right to form their own association and the freedom to participate in its activities.

With the objective of protecting the basic rights of the children by rising public awareness against social malpracties through various programs, some children including the petitioner applied to Nawalparasi District Administration Office (CDO) along with a recommendation letter issued by the concerned Village Development Committee for registration of an association called “Jagriti Child Club”. The Nawalparasi CDO sought for the necessary instructions from the Ministry of Home Affairs whether it was possible to register their association even without their citizen certificates. The Ministry of Homes Affairs, communicating its decision, informed that the proposed Jagriti Club could not be duly registered since a person below the age of 16 has been described as a minor under the Nepal law and such a person could not be competent in the eyes of law. When this decision was challenged by the petitioner under Section 4(3) of the Association Registration Act 1977, the Home Ministry was adamant on its earlier decision.

The petitioner contended that the UN Convention on the Rights of the Child, 1989, after ratification by Nepal, is binding upon all such states parties to the Convention. Under Section 9 of the Treaty Act, 1990 such a convention shall be applicable as the Nepal law. Denying the children’s freedom to form an association as provided by that Convention but also contrary to the right guaranteed by Article 12(3) (c) of the Constitution of the Kingdom of Nepal, 1990. There is no provision regarding the requirement of being a Nepali citizen in the Association Registration Act, 1977 and the concerned Rules. The petitioner and his colleagues have not been able to acquire citizenship only because of the age factor. But one should not be treated as a non-citizen only because s/he does not possess a citizenship certificate. While deciding against the registration of an association it must be categorically mentioned as to which Section of the law prohibited its registration. Notwithstanding the children’s right to get their association registered as per Article 15 of the Convention, the denial shall tantamount lack of honesty regarding the implementation of the Convention if it is held that their association could not be registered for want of law or lack of citizenship or for any other reason.

Therefore, the petitioner prayed for invalidation of the impugned decision and the instruction of the instruction of the respondents, as they violated the UN Convention on the Rights of the Child, 1989 which had acquired the legal status of the Nepal law, and the rights granted by Section 1 and 2 of the Registration of Association Act, 1977 and also asked for issuance of an order to the respondents to register the Jagriti Club of the petitioner.

Filling separate rejoinders the respondents justified their refusal to register the Jagriti Club of the petitioner solely on the ground that all the prospective members of the said club were only minors below 16 and thereby could not be deemed as competent in the eyes of the prevalent Nepal law. Hence, they could not be held liable in case.

The writ petition which had been earlier heard by a Division Bench of Justice Laxaman Prasad Aryal and Justice Gopal Prasad Khatri could not bring unanimity of opinion between the learned judges. Justice Laxman Prasad Aryal, allowing the writ petition, held that the refusal to grant registration to the above mentioned club of the minors shall not only be contrary to Article 15 of the UN Convention on the Rights of the Child,1989 but shall also render it erroneous. On the contrary, Justice Gopal Prasad Khatri, dismissing the writ petition, held that as minors below 16 were not generally competent to discharge their duties they did not have a right to obtain registration of that association. As a result the writ petition was, under Rule 3(1)(A) of the Supreme Court Rules, 1992 presented before the full Bench for final disposal.

Disposing the writ petition the Full Bench held that it was main contention of the petitioner that Article 15 of the UN Convention on the Rights of the Child, 1989 has guaranteed children’s right of to freedom of association and freedom of peaceful assembly; and as the said Convention has already been ratified by Nepal, it has acquired legal status as Nepal law; and therefore, the refusal of the respondents to register the proposed association i.e. the Jagriti club on the sole ground that the applicant’s age was below 16, violated the rights guaranteed by Article 12(2)(C) of the Constitution of Nepal. Therefore, the impugned decision and activities of the respondents are deemed to be void regarding children’s right to freedom of association. In the written rejoinders of the respondents it was submitted that as persons below the age of 16 were treated as minors under the prevalent Nepal law; and since such minors could not be deemed as competent in the eyes of law to discharge any function, the officials of such an association, after its registration, would not have undertaken the liabilities caused by theirs failure to abide by the prevalent laws. Hence, the petitioner had been informed of the decision expressing their inability to register the association.

The instant issue needs to be divided in context of the petitioner’s claim and the pleas raised by the respondents in their rejoinders, and the prevalent prevalent Nepal law as well as the Convention on the Rights of the Child, 1989 which has secured legal recognition as a Nepal law and to which Nepal is also a party. Although the UN Convention on the Rights of the Child, 1989 had been ratified by Nepal on September 14, 1990, the provisions of the Child Act, 1991 enacted by Parliament after the ratification of the above and alike. Nevertheless, the Children’s Act, 1991 does not seem to impose any restriction on setting up any association of the children. It is entirely a different matter to make special provisions by law regarding the conduct of the minor children for the protection of their interests as well as the acts of delinquencies committed on account of immaturity. While providing for the fundamental right in part 3 of the Constitution of the Kingdom of Nepal, 1990 it has also been envisaged to make such special provision by law for the protection and promotion of the children as compared to other citizens. The purpose of such special provisions made by the law for the protection and promotion of the children cannot be interpreted to have a meaning for imposing restrictions on the fundamental rights in contravention of the rights and interests of the children. Only because the activities undertaken by the children cannot be legally taken into consideration against them due to the age factor it shall no be proper to say that they could not be treated as citizens. Unless specifically prohibited by the law children cannot be deprived of the fundamental right relating to the freedom of association guaranteed by the Article 12(2)(C) of the Constitution of the Kingdom of Nepal, 1990 only for the sole reason of their minority. Article 15(1) of the Convention of the Rights of the Children, 1989 ratified by Nepal, has guaranteed the children’s right to form association and peaceful assembly. Even as in case of conflict with the prevalent Nepal law, the provisions of the above mentioned Convention, to which Nepal is also a party, shall prevail pursuant to Section 9(1) of the Nepal Treaty Act, 1990. It does not tends to impose restrictions on the children’s right to form association and peaceful assembly. The States parties to that Convention also seem to be specifically obliged to respect such a right.

In this context under Article 15(2) of the aforesaid Convention the authority empowered to register associations may discharge its duty in accordance with the law by taking into consideration on factors as to what type of provisions are there in the Jagriti Child Club Statute, 1997 and whether or not those provisions are in tune with the prevalent Nepal law, and which of those provisions need to be subjected to necessary restrictions for the protection of national security or for safeguarding the rights and freedom of others. But without paying any heed to the performance of the aforesaid work, the respondent Home Ministry appears to have decided not to register the association by simply raising the issue of age and citizenship of the child club members associated with the proposed association. As the act of registration of the children’s association. As the act of registration of the children’s association shall acquire artificial or legal personality, there shall be no question of citizenship or age for such an artificial or legal personality at par with a natural person, and as minors can also be citizens of Nepal by birth and as there shall be no legal complication regarding representation by a competent major person in respect of the transactions made in the name of the association of which they are members, the opinion of Justice Laxman Prasad Aryal dated January 28, 1998 (Magh 15, 2054) quashing the decision of the respondent Home Ministry refusing permission for the registration of the association of the petitioner solely on the account of being an association of minor children and the letter dated February 1998 (Magh 21, 2054) of the respondent District Administration Office, Nawalparasi intimating about its inability to register the Jagriti Child Club of the petitioner on the very of that decision is held, to that very extent, justified. A writ of mandamus is also hereby issued in the name of respondents to register and cause to be registered the Jagriti Child Club as sought by petitioner. A copy of this order be sent to the office of the Attorney General for the knowledge of the respondents and the case file be deposited as per the Rules.

Justice Kedar Nath Upadhyaya

We concur the aforesaid opinion

J. Kedar Nath Acharya

J. Rajendra Raj Nakhwa

Done on 25th day of the month of Shrawan 2058, (August 9, 2001)

JCYC Nepal

Jagriti Child Club

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Jagriti Child Club

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