Aman, 16, is confined to a Juvenile Correction Home in Kathmandu, Nepal, after being arrested for a murder case. Far from his family, he battles anxiety, depression and unprocessed trauma. His story sheds light on the grim realities of Nepal’s juvenile justice system, where the urgent need for mental health care and rehabilitation is often overshadowed by an emphasis on discipline.
Nepal’s law, including the Convention on the Rights of the Child (CRC) and the Act Relating to Children, 2018 emphasise the importance of rehabilitation over punishment, and stress on the mental and emotional well-being of children in custody. But these principles are rarely implemented. As Aman’s story demonstrates, there is a critical need for correctional facilities to approach recovery by prioritising mental health.
Why Mental Health Support is Essential
Addressing mental health issues in correctional facilities is not just compassionate – it’s transformative. Many young people in these centers are at a pivotal stage of their lives. Without proper intervention, unresolved trauma and emotional distress can hinder development and increase the likelihood of individuals becoming repeat offenders. Research reveals that 60–70% of detained youths experience mental health disorders, yet most lack access to appropriate care. Tackling these issues head-on can help them break free from cycles of destructive behaviour.
When young people are given the tools to process their experiences and rebuild their lives, they are far less likely to return to the justice system. By prioritising their mental well-being, we can empower them to reintegrate into society as confident, capable individuals ready to contribute positively to their communities.
Nepal’s Legal Obligations
Nepal’s legal framework mandates the provision of mental health care and rehabilitation for incarcerated youths. As a signatory to the Convention on the Rights of Child (CRC), the country is legally obligated to prioritise the well-being of children in conflict with the law. Article 3 and 37 of the CRC stress the humane treatment, dignity and the best interests of the child while Article 40 advocates for rehabilitation and reintegration into society.
The Act Relating to Children, 2018, further emphasises recovery over punishment, underscoring the need for correctional facilities to provide mental health support, adequate living conditions, and meaningful rehabilitation programs.
Additionally, Nepal’s obligation under the Economic, Social, and Cultural rights (ESCR) framework affirms that mental health is an integral component of the right to health, requiring correctional homes to provide therapy and psychological care.
A Vision for Change: Aman’s Hopes for a Better Future
So what would meaningful reform look like for Aman? He dreams of a space to speak freely and be heard, and receive the help he needs to heal. He envisions counselors who provide guidance and support, and safe environments that foster trust and recovery.
Correctional homes must employ trained therapists to help young people process trauma and manage anxiety. Staff and rehabilitation programs should focus on creating supportive spaces where juveniles feel comfortable discussing their struggles. Additionally, the physical environment should include activities that promote healing and growth. The goal is not merely to detain these young individuals but to guide them towards a better future.
