A state overloaded with orphans and half orphans

In an humanistic expansion formula, society is the preponderant parameter that germinate the human values, beliefs and their acceptance. The stakeholders of humankind are the pillars upon which society thrive its existence and children are the base in this construction. Further, in an attempt to educe a just and equitable future, one has to start with its base. That, in fact, reflects the role of children in the futurity of society, state and its development.

Jammu and Kashmir, famously known as Kashmir, a state once acknowledged as Paradise, has transited its history of picturesque and now is a heavan of disappeared, raped, stone   pelting young bloods, mass graves, half widows and indeed, a playground of orphans and ‘half orphans’.

Half orphans in Kashmir, often, refers to those children whom parents (mostly father) have been disappeared during the saga of political struggle akin to half widows and are living their life in a twilight zone. They cannot be pronounced as orphans since they are still unaware that whether their parent is alive or not (Mirani 2007).

Furthermore, considering the principles enunciated in United Nations (UN) Charter and recognising the inherent dignity, equitable and inalienable rights of all members of human family, the UN convention on the Rights of Child (UNCRC) has obligated state parties to take all appropriate measures to promote physical, psychological, social reintegration of a child who are victim in any form of neglect, exploitation, torture as well as of ‘Armed conflict’ and such measures shall be taken in an environment that ensure the health, self-respect and dignity of a child (1989, Article 39).

Moreover, the Part IV, Directive Principles of State Policy (DPSP) in the Constitution of Jammu and Kashmir whilst taking these principles as fundamental in the governance and delineating it as state’s duty to apply these principles to make laws, has stated state’s responsibility to secure and ensure all the children, the right to have a happy childhood with an adequate medical care and an attention ( 2003, Article 21).

However, one can argue, after such lawful aspects and other similar Acts and ordinances, that it is the state, that plays imperative role in shaping the conflict zone into peace and  prosperity and truly, taking care of children in such zones. Since 1947, Kashmir is the one of the ineluctable conflict areas between the three nuclear powers. Kashmir, after 90s is witnessing a large political and armed struggle where people have their concern for the right to self determination. However, children always have less role in such struggle but they are the utmost sufferer of such situations and the state must have to obligate itself for their proper care and attention both morally as well as legally as stated earlier.

But, Kashmir has different history and figures. Along with killings of near one hundred thousand civilians, 8000 disappearances, Ironically, Kashmir has been overloaded by orphans and half orphans.

According to a report, around six lac children are orphans in the state, which is, in fact, more than the population of states like Luxemburg and Maldives. The failure of state has forced 80% of orphans in the valley to quit their studies after matriculation due to extreme poverty, family pressure and lack of quality education in charitable orphanages. The increasing depression has led 55.3 % children under extreme depress conditions whereas 54.25 % cann’t sleep properly. Moreover, only poverty and depression is not only concern. The children are also used as “Human Shield” in encounter and search operations of security forces. Moreover, one of the objectives as mentioned in Result Framework Document (2012-2013) for social welfare department of Jammu and Kashmir government affirms the establishment of residential facilities for orphans in the form of Bal Ashrams (2013: 2). But, the social welfare department’s website has averred the establishment of a few Bal Ashrams only in Jammu province having maximum numbers in Rajouri District. That, in fact, raised a question mark about these residential facilities in Kashmir valley where maximum of these orphans are present. Also, as mentioned in National Commission for Protection of Child Rights Report, those childen living near Line of Control in border districts like Rajouri and Poonch are also the victims of ‘mine blast’ where they are getting seriously injured or indeed, losing their lives and there is no social security schemes provided to them by the state (2012: 9).

The principal debate focussing the negligence of these orphans revolves around the social, political and vested will. Since these orphans/children have no role in the political game play,   they are not bothered much by mainstream political leaders and parties. On the other side, without having proper regulatory mechanism and watch (both socially and legally), a few vested people have made it an industry of about 120 crores in term of charity outfits. Many years are going to pass, but, the Kashmir is still thinking to initiate Integrated Child Protection Schemes and establishment of ‘ State Child Commission for Protection of Child Rights’. It, in fact, reveals that all the laws and international conventions cannot be effectuated until the state power allows them.

A zone of world’s largest military presence slapped by draconian laws, impunities and fenced by mines across its boundaries, need a proper and special intervention to take care of its children by all of its stake holders. These orphans/ children are also in quest of ‘Azaadi’. An azaadi (freedom) to have quality education, access to their dreams, from poverty, from discrimination, from alienation, to have a dignified and peaceful life, to live life without fear and depression, to take part in leisure activities, to decide about their future and an ‘Azadi’ from innocent killings and disappearances of their birth givers whom they need the most at this age.

Children are like dividends that are returns to its stakeholders in future. It’s an investment in building the edifice of humanity. If not properly invested and taken care, they, perhaps, will give bad results and losses. The use of Public Safety Act to arrest hundred children, imposing curfews, huge presence of military with impunity, impotent Juvenile Justice laws and the increasing phenomenon of disappearances is not a good investment. It has deteriorated and will further corrupt the system. Then, the most sufferer of this corrupt and oppressive system will again be none than the children of Kashmir and then we will have more figures of such orphans and killings. Mahatama Gandhi once said, “If we are to teach real peace in this world, we shall have to begin with the children”. Indeed, present intervention for welfare of orphans in Kashmir require an immediate need to oblige UN Human Rights laws, UNCRC and to focus on its DPSP in making and amending laws by the state. The establishment of State Child Commission for Protection of Child Rights, if implemented properly, can be proved as a good asset in protecting child rights and ensuring child development.

However, conclusions and arguments can be many. But, the principle debate should be to think and work for children especially orphans and half orphans in Kashmir along with the people’s different aspirations. In solidarity with the child girl who was holding a placard saying ‘I want to go to school with my father’, in a recent protest against enforced disappearances and in solidarity with lacs of orphans and half orphans, the people of Jammu and Kashmir are clamouring intervention and have louded their voices that the state has been overloaded by orphans and half orphans. So, no more please! Countercurrents.org

(The writer is a student, Centre for Community Organisation and Development Practices, School of Social Work, Tata Institute of Social Sciences, Mumbai)

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