The career prospects of five-year-old Simran are bleak. A daughter of an ex-Kamalari (indentured female laborer), she was conceived in the house her mother was sent to serve. Simran does not know who her father is: her mother was sent back to her ancestral home when she got pregnant. Hema, Simran’s 55-year-old grandmother, is now running from pillar to post to give her granddaughter a family name, which is a must for Simran’s recognition as a Nepali citizen. Like Simran, hundreds of young children born to women who were sexually exploited in servitude, are fighting what appears to be a lost battle for justice and recognition. Under the Kamalari system, thousands of young women have been tortured; many have simply disappeared, a few even found dead under mysterious circumstances. Although the country outlawed the Kamaiya (indentured labor) system as far back as 2000—with the final Supreme Court ruling against the Kamalari system in 2006—thousands of women continue to be exploited. Thousands more await justice even after being freed.
Despite legal provisions, continuous pressure of rights activists and international community, the Kamalari system is far from being abolished. One would assume that the first step towards that goal would be proper documentation of Kamalaris. Traditionally, Tharu girls as young as six have been handed over by their families to high caste landlords by way of paying back loans taken by their parents or grandparents. Although its form might have changed, the practice endures. Much of the evidence is anecdotal, since the government has taken no initiative to properly document former and serving Kamaiyas. But Tharu activists believe more than 5,000 Tharu girls are still working as Kamlaris in various parts of the country. This suggests that the legal measures in place —like Kamaiya Labor (Prohibition) Act 2002, Children’s Act 1992, Child Labor (Prohibition and Regulation) Act 2000 and Human Trafficking and Transportation Act 2007—have proven inadequate, and not necessarily because they are inherently flawed. It is more likely that the political will to implement them has been found wanting.
Again, there has been some progress. Thousands of Kamlaris have been rescued and put in makeshift shelters in recent times. But even there, they face dire livelihood and career prospects. Many of them don’t have any identity. Often, they are victims of sexual exploitation and inhumane torture, and as a result are in poor mental and physical health. As if to add salt to their wounds, those found guilty of exploiting and torturing them tend to get away with their crimes, either by using their ‘high-level connections’ or bringing the right officials.
The head of the Interim Election Council Khil Raj Regmi recently met a delegation of ex-Kamalaries and assured them that the government would, among other things, take ‘concrete measures’ to punish the guilty, rehabilitate the victims, provide young Kamalari girls with scholarships and set up a separate fund for their welfare. Hema, the 55-year-old grandmother, has heard enough of these pledges. She will only be convinced when her young granddaughter gets justice, starting with her recognition as a Nepali citizen.
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