The government of Nepal announced to free from bond and ‘Sauki’ on 2000/07/17 (2057/04/02 B.S). The government announced mainly about free from bond and ‘Sauki’. There was not any point about the real data and number of the women, child or elder person who were directly affected from the decision.
There was no policy to protect and establishment for children’ dignity as a human being. The children are facing so many up and downs in their life with their parents. They have not own land or residency and their parents have no job to survive and no support from the counter-culture. They are growing with facing so many struggles like poverty, hate, torture from police, no way to go to school and they went to with their parents to protest, strike, ‘gherau’, ‘bandh’ and so many tortures by police in their schooling age.
The ‘freed-kamaiyas’ had a special kind of culture before they have announced to free. They faced a different type of problem after they have freed. Now a days they have not own land or residency. They have no job and no access for sending their children to school. The children have been in trapped on policy of the government their former culture and their beliefs, values. The government have no policy for the children even ten years after of the ‘kamaiyas’ have been freed. This very research is started on this issue and based on the examination of Albert Cohen’s theory of juvenile sub-culture.
Because of this very research is about sub-culture; any unique, values or behaviour; on children of ‘freed kamaiyas’ of Dhangadhi municipality ward number one. This very research is focuses only on values, norms and beliefs in children which makes them differ from dominant culture existed in the society. The general area of this study is children of forcefully situated “siveer” of Dhangadhi-1; Kailali under the broad frame-work of the Albert Cohen’s theory of Sub-Culture theory. So, the researcher has designed this study as an examination Albert Cohen’s theory of Sub-Culture with the children’s behaviour, believe, and activities against dominant culture as well as existing law. Because of, the government argues that the “Siveer” has been forcefully situated and illegal in other hand the “Freed-Kamaiyas” claims that they were actual “Kamaiyas” not fake, they has been protesting for their minimum rights which the government has provided the other “Freed-Kamaiyas”. In the situation of conflict the children of Freed-Kamaiyas facing major two types of problems. The first is right based various issues; now in the research which is actually not the study area whereas it is a most for them and the second and the actual and genuine area of this study is to examine with the Albert Cohen’s theory of Juvenile Sub-culture with the children of “Freed-Kamaiyas” who were freed from slavery 2000/07/17 (2057/04/02 B.S) and not settled yet.
Case 1
Mr. A (Name edited) is a founder president of Kamaiya Pratha Unmualn Samaj, (KPUS) Kaiali. He was also been a Kamaiya (a bonded labor) for a long time, now he is working as an activist for Freed-Kamaiyas rights. He says “after announcing by the government on 2000 about the free from being Kamaiya was the really a very good and a new age for the Kamaiyas. The happy situation was not stay for a long time for them. There were various problems they faced after being free. They were not only freed from their slavery they totally freed from house, job and other daily needs. Some of the Kamaiyas were arranged by government but several of them have not been yet. The children has been facing most of problems by the time of their parents were freed, they are facing all of the problems with their parents like; protesting, strike, they faced police as well as society when they lived forcefully during 2000. This is a time of 16 years, every child of newly born at the time of freed is now 15 to 16 years of age, and every child has developed in anti-social as well as dominant situation. I think the whole generation may get negative beliefs. There is various problems faced the children of Freed-Kamaiyas; we the NGOs have only right basic programs on the children. They are involves now a days on various delinquent activities among them; like theft, school bunking, alcoholism, domestic violence, and protesting. We haven’t any programs on juvenile justice and we don’t formally do any programs on the area but informally the cases were comes.”
Case 2
Mr. B (Name edited) is a program co-coordinator of the Kamaiya Pratha Unmualn Samaj (KPUS), Kailali he shares his experience as “Obviously, the children have got anti-social as well as anti legal perception on their beliefs they were strikes by birth because their parents were announced to freed when they were infants and they were seen strike, bandh, geharau of CDO Office and Land Reform Office. They are living forcefully and fight for their own land and home, the children automatically got and developed the anti-social beliefs. Actually, we have not any programs related the juvenile justice but sometimes we settles the disputes by mediations like; theft, sometimes they arrested during strike, etc.”
Case 3
Mr. C (Name edited) the central vice-chairman of Freed Kamaiya Society, Kailali; says that “we constitutes two sister organization of the Freed Kamaiya Society, Kailali named Baal Jagaran Manch and Mukta Kamaiya Yuva Samaj. We organized the children through these two organizations which were functions as non-formal organization. The “Mukta Kamaiya Yuva Samaj” functions normally but the “Baal Jagaran Manch” has not get a good response from the society so, we’ll think about it now. We have found the problem on the dominant society as well as the whole system so, we constitute our own legislation and we also constitute the body. It applies on the “Tharu” community. Now days it functions on freed-kamaiyas siveer and settles some small type of disputes related the siveers as well as “Tharu” community. The “bhalamanccha” has; as a judge; settles the disputes related the siveer under the legislation, recently we settled the case on theft under the legislation, a child has involves in the case of theft a gold ring of the neighbor of the siveer. Generally, the boys were found on the case of theft, disputes relating wedges, alcoholism and girls were found on involvement in prostitutions. Because of we are developing our own legislation and institutionalizes, we often organize the children into the organization because the state and the law has not favor of them.”
Case 4
According to Mr. D (Name edited) the district coordinator of the Backward Society Education, Kailali; they have facing mainly the problem on their residency and bounded labor as named “Kamlari” (a domestic labor). We are working only on abolition of the “Kamlari” system and data. We have not any program on the anti governmental policy as well as especially for juvenile justice and so on.
Conclusion:
The research found the following conclusions on this study:
The government have not made the policy for the children whatever the provisions like right to live with human dignity, right to live etc. The provisions of the CRC and Children act, 2048 BS were totally ignored by the government. As a guardian it is a duty of the government to protect and regulate the child rights guaranteed by the convention and acts. The government only announced to free from the bond.
Most of the children and their parents supporting source of income is farming.
Children have been neglected and their issues undermined even in today’s society. Application of such negligence when dealing with children in conflict with the law is not only disastrous to the child but also equally disastrous to society as wrong treatment of juveniles will produce hardened criminals in the days to come.
“Freed-kamaya’s siveer” of dhangadhi-1, Kailali is one of the disorderly habitant area of Nepal which born by foible and poor decision of government. The people of slum are from different origin, culture and community. The children of the areas are not easily adopted or accept the culture where the slums were situated. They feel dominating from the locality and they make their own sub-culture and comes to conflict with laws.
Their right to food, right to education, right to resident are ignored by the government is clearly seen in their ‘siveer’. The policy makers and the prime minister of the time of they were freed has also accepted the issue which the researcher has emerged.
Respecting the all right of every person with dignity is the main source of every democratic country in the world. The protection and advancement of all of the disadvantaged people who were economically, socially or educationally backward is the main task of the modern government and stakeholders. The task will recognizes in the real sense of justice. This kind of protection to women and children and backward and disabled sections of the society is universally recognized. This may a real sense of justice for the people who were victims of previous inequality and unfairness by the law, government, and court as well as by the dominant society.
In short, does not have positive impact in the educational development of the children.
Most of the children and their parents supporting source of income is farming.
Children have been neglected and their issues undermined even in today’s society. Application of such negligence when dealing with children in conflict with the law is not only disastrous to the child but also equally disastrous to society as wrong treatment of juveniles will produce hardened criminals in the days to come.
“Freed-kamaya’s siveer” of dhangadhi-1, Kailali is one of the disorderly habitant area of Nepal which born by foible and poor decision of government. The people of slum are from different origin, culture and community. The children of the areas are not easily adopted or accept the culture where the slums were situated. They feel dominating from the locality and they make their own sub-culture and comes to conflict with laws.
Their right to food, right to education, right to resident are ignored by the government is clearly seen in their ‘siveer’. The policy makers and the prime minister of the time of they were freed has also accepted the issue which the researcher has emerged.
Respecting the all right of every person with dignity is the main source of every democratic country in the world. The protection and advancement of all of the disadvantaged people who were economically, socially or educationally backward is the main task of the modern government and stakeholders. The task will recognizes in the real sense of justice. This kind of protection to women and children and backward and disabled sections of the society is universally recognized. This may a real sense of justice for the people who were victims of previous inequality and unfairness by the law, government, and court as well as by the dominant society.
In short, does not have positive impact in the educational development of the children.
Recommendations:
This research recommends that:
ü The parents of children should be given the some options for their survival.
ü There should be education to the parents for the education of children.
ü The schools staffs (teachers, head teachers and officials should be) well trained since the drop out of students is high.
ü The early-marries and child- marries should be stop right now since there were some females students holding their child.
** Kamaya: Bonded Labour of Tharu community.
