Child Soldiers in India (Wikipedia Article)

Child Soldiers in India
From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Child_soldiers_in_India

According to Peter Singer the use of child soldiers in India is a common occurrence and that up to seventeen militant factions use child soldiers in the Kashmir region.[1]

Radha Kumar says that nations which have massive poverty and are heavily reliant on an agricultural economy will produce militants which are usually uneducated and that in a region where a conflict is protracted, the use of child soldiers becomes a common occurrence.[2]

According to a report from the Conflict Study Center, child soldiers are used in Assam, Manipur, Nagaland, Andhra Pradesh, Chhattisgarh, Jharkhand, Karnataka, Maharashtra and Jammu and Kashmir; and that children were used by both the state and insurgents.[3]

Child soldiers also serve in the Indian armed forces.[4]

The use of child soldiers by the state and by non state actors is a violation of the Geneva convention and the Convention on the Rights of the Child[5]

References:

[1] Singer, Peter Warren (7 April 2006). Children at War. University of California Press. p. 27. ISBN 978-0520248762.

[2] Kumar, Radha (19 January 2012). Julian Lindley-French, Yves Boye, ed. The Oxford Handbook of War. Oxford University Press. p. 610. ISBN 978-0199562930.

[3] Marg, Rohini; Purano Baneswar (16 December 2009). Child Soldiers: Crime against Humanity (PDF). Conflict Study Center. p. 13.

[4] Aronowitz, Alexis A. (20 March 2009). Human Trafficking, Human Misery: The Global Trade in Human Beings. Praeger. p. 104. ISBN 978-0275994815.

[5] Whitman, Shelly (19 June 2012). W Andy Knight; Frazer Egerton, eds. The Routledge Handbook of the Responsibility to Protect. Routledge. pp. 152–153. ISBN 978-0415600750.

Peter Singer on Kashmiri Child Soldiers

See CHILDREN AT WAR (page 27) by Peter Warren Singer (Google Books)

Children at War
by Peter Warren Singer
http://www.ucpress.edu/book.php?isbn=9780520248762

Book Description:

From U.S. soldiers having to fight children in Afghanistan and Iraq to juvenile terrorists in Sri Lanka to Palestine, the new, younger face of battle is a terrible reality of 21st century warfare. Indeed, the very first American soldier killed by hostile fire in the “War on Terrorism” was shot by a fourteen-year-old Afghan boy. Children at War is the first comprehensive examination of a disturbing and escalating phenomenon: the use of children as soldiers around the globe. Interweaving explanatory narrative with the voices of child soldiers themselves, P.W. Singer, an internationally recognized expert in modern warfare, introduces the brutal reality of conflict, where children are sent off to fight in war-torn hotspots from Colombia and the Sudan to Kashmir and Sierra Leone. He explores the evolution of this phenomenon, how and why children are recruited, indoctrinated, trained, and converted to soldiers and then lays out the consequences for global security, with a special case study on terrorism. With this established, he lays out the responses that can end this horrible practice. What emerges is not only a compelling and clarifying read on the darker reality of modern warfare, but also a clear and urgent call for action.

According to Peter Singer the use of child soldiers in India is a common occurrence and that up to seventeen militant factions use child soldiers in the Kashmir region.

[Source: Child Soldiers in India, from Wikipedia article. https://en.wikipedia.org/wiki/Child_soldiers_in_India] 

Give children books and toys not guns says Nobel Prize winner Kailash Satyarthi

Give children books and toys not guns says Nobel Prize winner Kailash Satyarthi

Published: February 18, 2015
[Source: http://www.aworldatschool.org/news/entry/give-children-toys-not-guns-says-nobel-prize-winner-kailash-satyarthi-1602]

He was awarded his Nobel Peace Prize for helping to rescue more than 80,000 from lives of servitude. Now Kailash Satyarthi has called for an end to the hideous practice of recruiting child soldiers.

In a video message, the Indian founder of the children's rights movement Bachpan Bachao Andolan told how he met a boy soldier who was forced to kill friends and family members as part of his training.

Kailash added: “Almost 300,000 children in the world have been given guns in their hands instead of books and toys and, instead of taking and giving care for them, these children are misused as child soldiers."

He recorded his message to mark International Day Against the Use of Child Soldiers on February 12. Kailash added: “We must protect them.  We must give them dreams. We must give them promising futures. We must give them opportunities and we must give them their childhood back.”

Inside Kashmir's Home For Juveniles

Inside Kashmir's Home For Juveniles
Javaid Trali
Srinagar, Publish Date: May 2 2016

[Source: http://www.greaterkashmir.com/news/kashmir/inside-kashmir-s-home-for-juveniles/216353.html]

The area beyond the razor wires is part of a touristic spot, usually thronged by picnickers to the nearby famed Mughal gardens of Harwan, some 20 km from here.

On the outskirts of the city lies an expansive but shabby-looking complex with beige colour walls beside the banks of a mountain stream. This is Kashmir's only correctional facility for juvenile offenders.

There are at least 19 "offenders", including two alleged stone throwers, inside this highly fortified compound, surrounded by concertina wires with round-the-clock police security.

The area beyond the razor wires is part of a touristic spot, usually thronged by picnickers to the nearby famed Mughal gardens of Harwan, some 20 km from here.
The kids -- accused of various offences like rape, sodomy, murder, theft and drug-peddling -- usually peep out from windows fitted with long iron grills.

If by chance, picnickers outside this famed spot happen to be schoolchildren playing on the pebbled banks of the brook that flows from the Dachhigam National Park, the plight of these juveniles can only be imagined, as also the sharp contrast. Questions are being raised over the efficacy of the facility manned by overworked and untrained officers who often resort to shortcuts to run it.

"They usually get irritated when they see children playing outside. They give vent to their anger and frustration by resorting to violence against each other," an employee working at the facility told this correspondent.

"Some even try self-inflicting injuries," said the employee, admitting that the complex has nothing "correctional" about it except in its name. The home has no recreation or sports facilities for the psycho-social care of these kids, as prescribed in the juvenile justice act of the state.

"We need facilities. These kids need counseling by trained professionals. We do not have that. We cannot reform them like this."

The structure, which was established in 2011, seems to be falling apart due to leaking water pipes. "We fear it may crumble at any time", the official said.

The facility doesn't even have any transport facility. "Imagine some inmate taking ill during the night. We don't know what to do but thank God that such a situation has not arisen so far."

The state government passed the Juvenile Justice Act in 2013 after the 2008 agitation that saw hundreds of kids detained for taking part in violent protests. The act calls for corrective measures like establishing a Juvenile Justice Board, special police units, children protection units, observation homes, special homes and a panel to manage these facilities.

The measures, though, have not been implemented so far despite repeated court directions.

Farhana Latief, a Srinagar-based child activist and lawyer, said the facility at Harwan was "just another jail".

She said instead of helping these kids to transform, the so-called home "frustrates and annoys them even more, making them angrier and more prone to crimes when they come out."

She said such facilities "are not for punishments but for counseling and reformation. Unfortunately that is not happening here."

Irshada Ayoub, who manages the facility with a long experience of serving in government-run orphanages and the Central Jail in Srinagar, said she had been "trying her best" to help these children to reform.

"It is not only the government which has a responsibility. The onus also lies on society," Ayoub said.

Sarita Chauhan, secretary, Social Welfare Department, appeared to be aware of the lack of facilities, pledging to change things.

"The government is committed to providing every facility to the juvenile home. In the coming months you will see a lot of change happening there," Chauhan said.

She said they were expecting more funds to develop the facility that has so far been home to some 680 juvenile offenders since 2011.

IANS

Srinagar’s Juvenile Home is Anything But Home!

Srinagar’s Juvenile Home is Anything But Home!
Zeenat Zeeshan Fazil
Published on December 21, 2015

[Source: http://dailykashmirimages.com/Details/98961/srinagars-juvenile-home-is-anything-but-home]

Srinagar, Dec 20: From the fortified windows of the two-storey building, some children are seen watching the hustle outside. They wave at the people they see moving around freely. These children, undergoing imprisonment for diverse crimes, are locked behind the iron doors of this ‘Juvenile Observation Home’ in the outskirts of Srinagar city.

For a commoner, entering into this ‘home’ is quiet disturbing. The white-washed building, nestled among mountains, is highly fortified and fenced by mesh and concertina wires.

The compound wall is just three feet high -- thus the risk of inmates escaping is quite high!

Though supposed to be a ‘juvenile home’, but the place is no different from a jail.

In these winters, the building lacks proper heating arrangements. Marble floor is unfurnished, iron doors and windows are without curtains. So the chill comes in from one side and leaves from the other!

The building has 18 rooms for minors and every door and window is always locked. The ground floor houses the office of the Superintendent, a dining hall, recreation hall and a kitchen.

All the doors to the first floor, which house the minor prisoners, are made of iron, and remain locked. The keys are with the police personnel.

The floor has 18 rooms and each room has six beds with old, worn-out beddings.

Sitting on their beds in a room, the children looked quite scarred when this reporter tried to speak with some of them. First they were hesitant to talk, but later a few of them opened up.

“It pains us all to see young buds here, but we have no choice but to keep them like this,” says Afroza Irshad, Superintendent at the Juvenile Observatory Home.

 “I try to counsel these children to desist from their wrong acts. I cannot help them beyond this.”

Afrooza says she took charge of the home some 11 months ago and since then she is not only the Superintendent, but also works as a guard (‘Chokidar’) here.

As per her, there is immense dearth of the staff in this observatory home; the home doesn’t have any night guard (chokidar), store-keeper, caretakers, orderlies, case-workers, medical and nursing staff, etc.

“It’s me, one junior assistant and an orderly who look after an entire affair of this home,” Superintendent said, adding, “I have few (10) police guards from district police lines (DPL) to assist me, which is not enough.”

Though the  ‘daily routine’ or ‘time-table’ of these juveniles talks about the counseling sessions, group discussions, health education, group activities and singing et. al., but the Superintended admits that nothing is being done here.

“We don’t have teachers who could teach them.  Even the counselor, which is the main component to run any such home, is not available here. Whenever I (Superintended) get time after finishing routine office work, I conduct their counseling sessions,” she said.

This Juvenile home doesn’t have any vehicle. So in case of any emergency, they have to hire private vehicle from outside.

“Yes, we have no official vehicle; whenever there is any emergency ( in case any of them falls  ill or is hurt by other inmate ) and we have to him them to a doctor, we hire private vehicles and pay from our pockets as no funds for such purposes have been allotted to us  by the department, “ says Afrooza Irshad.

A visit to this juvenile home is enough to understand that how neglected it is. Though the authorities, particularly the Law and the Social Welfare departments make tall claims about the issue, fact of the matter is that this juvenile home is anything but a home.

Despite repeated attempts, Director Social Welfare, Kashmir, couldn’t be contacted for comments.

Meanwhile, Valley-based social activist and lawyer, Abdul Rashid Hanjoora told ‘Kashmir Images’ the home is against the spirit of theme on which it was set up. The purpose of home is reformation so that these juveniles don’t commit further offences.

However, he says “this home has nothing to offer them.  How do you expect them (inmates) to change? This way their mindset will be same, their behavior will be same, and this way their future activities will be same.”

“This home is simply a jail, nothing else,” he added.

Hanjoora says that the Social Welfare Department (under which the home functions) violates the directions of the High Court on how to keep these inmates. The rules are there, but they are not implemented on the ground. 

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The 12-Year-Old Who Stopped Our Car And Threw Stones At Us In Kashmir

The 12-Year-Old Who Stopped Our Car And Threw Stones At Us In Kashmir

by Sudhi Ranjan Sen

Published: September 21, 2016 00:35 IST

[Source: http://www.ndtv.com/blog/the-12-year-old-who-stopped-our-car-and-pelted-stones-at-us-in-kashmir-1464397?site=full]

Our vehicle screeched to a halt. We were returning from Uri where 18 soldiers were killed in a terror attack a day before. Security forces deployed along the highway were pulling back for the day.

From the front seat of the car, I could only see the top of a head.  A boy, no older than 12, had forced our vehicle to stop. With him was a group of another dozen, all in the same age group - 12 to 14 years old.

These are the "stone-pelters" of Kashmir, mostly minors, groups of young boys who take over the streets and highways as the security forces withdraw each day. 

Our driver Ashiq, in his mid-fifties, apologised profusely to the boys for having broken an unofficial lock-down imposed by separatists in Kashmir. They were not listening and threw stones at our vehicle.

Sheikh Momin, our camera person, jumped out to reason with the group. Momin is local boy who has studied in Srinagar and now works with NDTV in New Delhi.

As he tried to talk to the boys, they zeroed in on a band he was wearing. "Why the band on your hand, it is un-Islamic?" a boy, about 12, said.

Momin, in his mid-20s and who wears faded jeans, loves apps on his phone and listens to pop music, was stumped. As he searched for an answer, the young boys said, "You are a Hindu."

And then, pointing to the camera slung across Momin's shoulder, another accusation - "Indian media."

A few adults watched from a distance as the boys conducted their inquisition. No one made an attempt to stop them.

Sensing trouble, Ashiq bowed and touched the feet of the 12-year-old to ask for forgiveness for having violated the lock-down orders issued by the Hurriyat and being enforced by its band of child soldiers.

He then had to listen to a long sermon and a heap of abuses from the boy, younger than his grandson. He did so quietly and was finally allowed to go after he promised never to violate the lock-down again.

Along the highway, an elderly man who keeps his small shop open on the sly, said "I don't believe Burhan Wani's killing triggered this, something doesn't match."

At night, slogans of "Azaadi" or freedom blare out from a mosque in the heart of capital Srinagar, where we are staying.

Over the last few months, it is groups of boys like the ones we met who have been holding the streets of Kashmir to ransom. Since July 8, when Hizbul Mujahideen terrorist Burhan Wani was killed by security forces, the Valley has been on the boil. Union Home Minister Rajnath Singh has visited the Valley several times, even leading an all-party delegation. Mobile and internet services have been snapped many times and restored as many times.

New Delhi has pointed at Pakistan and there is strong proof. The National Investigative Agency or NIA is probing slush funds landing in the Valley and being used to prop up the protesters. But there are no clear answers to who and how these young boys are being organized and motivated.

(Sudhi Ranjan Sen is NDTV's Editor Security and Strategic Affairs)

Defining "Child" and "Child Soldier"

Children pelting a police vehicle with stones . KT Photo: Imran Ali

Defining "child" and "child soldier"

[Source:  Child Soldiers: Victims or War Criminals? — Regional Academy on the United Nations
http://www.ra-un.org/uploads/4/7/5/4/47544571/child_soldiers_-_victims_or_war_criminals.pdf]

Before we are able to analyze criminal responsibility of child soldiers, we need to firstly determine what definitions of "child" and "child soldier" are. According to the Convention on the Rights of the Child, a child is "every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier".[1] Taking into consideration that this treaty is the single most ratified human rights treaty in the world, we shall take this definition as the operative for the use of this paper. However, definitions of child soldiers have varied and could have been deduced only indirectly from international conventions, treaties or national legislation.

Although there are differences in the initial age threshold for taking part in hostilities and being recruited by the armed forces, all of the international instruments are generally leaning toward the age limit of 18, some explicitly while others advise the same practice. The operative definition of child soldier that the UNICEF is using, and that is based on the Cape Town Principles from 1997, is that "a ‘child soldier’ is any child – boy or girl – under 18 years of age, who is part of any kind of regular or irregular armed force or armed group in any capacity, including, but not limited to: cooks, porters, messengers, and anyone accompanying such groups other than family members".[2] The Paris Principles from 2007 state that "A child associated with an armed force or armed group” refers to any person below 18 years of age who is or who has been recruited or used by an armed force or armed group in any capacity, including but not limited to children, boys and girls, used as fighters, cooks, porters, messengers, spies or for sexual purposes. It does not only refer to a child who is taking or has taken a direct part in hostilities".[3] As we can see, the Paris Principles have changed the phrase "child soldier" to "a child associated with an armed force or armed group", but the essence of the definition is the same. 

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[1] Convention on the Rights of the Child 1989 s 1 (1)

[2] Cape Town Principles 1997 Definitions

[3] Paris Principles 2007 Definitions