Detentions, Lack Of Justice, Environment Promoting Mental Health Has Taken Childhood Joy From Kashmiri Kids: Report

The abrogation of Article 370 has contributed to structural and social changes that may have been most keenly felt by children – a section that has the least amount of wherewithal to respond and protect itself, a new report has noted.

The report by the Forum for Human Rights in Jammu and Kashmir comprising Justice AP Shah, former Chief Justice of the Madras and Delhi High Courts, Gopal Pillai, former home secretary and many other judges, lawyers and activists, has highlighted violations of human and child rights in the region with particular attention to the latter.

The Forum is an independent initiative that tries to focus on continuing human rights violations in the Union Territory. The report mentions real-life case studies of teenagers and minors whose lives are marked by conflict and fewer opportunities.

Further, it notes that an alarming deficiency in the distribution of critical resources, including a protective justice delivery system and an environment promoting mental health, has taken away the joys of childhood from many kids in J&K, The Wire reported.

Teenagers Questioned And Illegally Detained

It added that teenagers continue to be harassed, picked up for questioning, and illegally detained, violating the Juvenile Justice (Care and Protection of Children) Act, 2015. In addition, police illegally imprisoned around nine minors between 14-17 years old, and many of them were beaten up or jailed for weeks.

The report says that the Juvenile Justice Board (JJB) remains impuissant in the face of high-handedness by the Armed Forces. Despite the Jammu and Kashmir Public Safety Act, 1978 (PSA), which categorically forbids the detention of minors, several minor boys were reportedly detained under the statute as police officials misattribute the ages of children and continue to assault them.

Children as young as 1.5 years old have become victims of the weapons used by security forces for alleged crowd control, prompting the United Nations Security Council (UNSC) to express concern over 'grave violations against children'. Even though they are protected against arrest or detention, the report notes that the armed forces use minors in the Cordon and Search Operations (CASO).

Children Turning To Militancy

Even before the reading down of Article 370, the perceived threat of children turning to militancy was severe.

A new study by the University of Kashmir cited that in 21 per cent of studied cases, a person has joined militancy after killing a member of his family who was a militant. Thus, the report stated that Kashmiri children endure two types of violence-directly affected by killings, arrests and torture, and second when they see their families suffering.

The overall atmosphere of violence, constant military presence, and disturbances created by militant forces severely impact children's mental health.

A recent doctor survey found that 94.2 per cent of respondents who reached out to professional help experienced anxiety issues due to continuous conflict in the region and the COVID-19-induced lockdown.

The report says there is a severe infrastructure deficiency in supporting mental health amongst children in the valley.

Increase In Children With Mental Health Issues

Institute of Mental Health and Neurosciences (IMHANS) is the only resident inpatient facility in Kashmir valley for mental health and support. Reportedly, the child psychiatry section receives 30-40 cases daily, and 5,400 sessions with minors have been recorded in a year until mid-2021. Doctors at the institute have reported an extremely alarming 1,500 per cent increase in patients seeking treatment for substance abuse in the preceding three years.

While there has been a constant improvement in health and nutrition indicators from 1998-99 onwards up to 2015-16, data from 2019-20 reveals a downward trend. Since the abrogation of Article 370, many Primary Health Centres (PHCs), tertiary hospitals, schools, and anganwadis have reportedly been closed.

Also, children continue to be educationally disadvantaged due to a lack of resources. As per Ministry of Education (MOE) data, Jammu and Kashmir had a nearly 17 per cent dropout rate amongst kids at the secondary level. Teachers attribute this rising number to lack of access and the expenses involved in providing kids with amenities to access digitally delivered education.

There has also been a significant decrease in the enrolment ratio from the primary to the upper primary level in government schools as a majority drop out after Class 5. The dropout rates of girl students in secondary and elementary education levels have risen to 16.6 per cent and 3.7 per cent in 2019-20, from 1.6 per cent and 2.5 per cent, respectively in 2017-19, the report notes.

Dropout rates at the primary level have increased from 6.41 per cent in 2014-15 to 10.96 per cent in 2018-19, whereas at the secondary stages, it has gone from 20.85 per cent to 29.03 per cent over the same period.

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