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Vol- 2(4), October 2015
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I.A. Irshad (2015) Int. J. Soc. Sci. Manage. Vol-2, issue-4: 327-332
DOI: 10.3126/ijssm.v2i4.13538
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KASHMIRI ORPHAN: FRAGILE SECTIONS OF SOCIETY
Irshad Ahmad Irshad
Department of Education, Barkatullah University, Bhopal, India
Email: irshadeducation@gmail.com
Abstract
The future of child wholly and solely depends upon parents their mentality, their behavior, their assets etc. A family with sound economy can
make their children sound in all walks of life. But unfortunate thing for an orphan is that he/she lacks this valuable guardian i.e, parents. The
children lost the parental support while as thousands of families lost their bread earners. How an orphan can survive smoothly in this expensive
and cunning world. So far as orphan of Jammu and Kashmir are concerned, they are in constant strain, anxiety, stress due to the situation of
armed conflict from last two decades and Kashmir region in particular has been the most affected. The conflict has led to the loss of human
resource and caused infrastructural damage to some of the important institutions. Here the orphan number is far beyond than normal as
compared to other states of India. In this paper it is an attempt to showcase the condition, challenges and the position of orphans in Kashmir
region. It also mentions the role of government in attempting to reduce the number of orphans and in the rehabilitation of conflict affected
victims.
Keywords: Orphan; Educational loss; Exploitation; Orphanages; Armed conflict; NGO.
Introduction
In Kashmir, the initiation of armed conflict in late 1980’s
has witnessed of life. The every section of society got
affected either through the death of bread winner, injury,
torture or disappearance. Most families of Kashmir fall
within the middle class, the primary bread winner being
particularly the professional or skilled labor and it becomes
difficult for a family to run livelihood option, if there
happens any infirmity to earner. Most of the adults
including youth were abused, dishonored and brutally
treated. The women being second most victims after
children. (Victoria, 2004) In most families here, especially
among the middle class, the husband was the skilled
professional or labor and therefore the bread winner for the
family. If he became unemployed or loses work hours, his
wife can take on a menial job to help and get the families
through the difficult period. However, if he lost his wife and
children are almost certainly leave woman destitute and
children orphaned. (Dabla, 1999)
Definition of Child
A child is primarily defined by age, with most common
agreement being less than 18 years. (Ibid) In some cases, it
was increased to 21 years. However, it is concerned with the
respondent like the state. The age range 18-20 years is being
considered as early adulthood. (Adil, 2010) Census of India
defines persons below the age of 14 years as children.
According to the Article-1 UN Convention on Rights of
Child 1989, a child means every human being below the age
of 18 years, under the law applicable to the child, majority
is attained earlier. Hence, the word child has been used in
various legislation as a term denoting relationship and term
indicating capacity. (Dabla, 2010)
Definition of Orphan
According to the online Encyclopedia Britannica and
Merriam-Webster dictionary on orphan is:-
A child deprived by death of one or usually both
parents.
A young animal that has lost its mother and
One deprived of some protection or advantages-
e.g. orphans of the conflict.
Most accepted definition of orphan is a child who has lost
both parents through death. This definition is extended in
most of the groups including the loss of parents through
absconding or the parents are unable or unwilling to provide
care. (Skinner, 2004)
UNICEF and numerous International Organizations
adopted the broader definition of orphan in the mid 1990’s
as the AIDS Pandemic began leading to the death of
millions of parents worldwide, leaving an ever increasing
number of children growing up without one or mere parents.
So, the terminology of a single orphan-the loss of one parent
and a double orphan-the loss of both parents was born to
convey this growing crisis.
The absence of guardian’s certainty increased the potential
of the vulnerability of the child especially orphan. In many
Research Article
327
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countries, orphans are divided into two groups, one with
guardians and another without guardians. This refers that
being an orphan doesn’t necessarily mean being a
vulnerable. (Skinner, 2004)
Vulnerable Child
A vulnerable child is seen as someone who has no or very
restricted access to basic needs. They may have both
parents, but the child rights might to segregate. The
definition of vulnerability is felt to reflect certain aspects in
the context of the child. Thus, the vulnerability is
contextualized as a child not having certain basic rights
fulfilled and identification of problems in the environment
of the child. (Dabla, 2010)
UNICEF estimates that Kashmir has a 100,000 special or
orphaned children- a sizable percentage of the population
and one whose fate will determine the overall development
of Kashmiri society. Before the 1990’s, a relative or
neighbor in accordance with religious and social practice
would adopt an orphan. (Machel, 2005)
Thousands of single parent orphans of Kashmir strive in
their own way to survive. Majority of them struggle for
funding themselves and their dependents. Those who are
lucky manage to gain entry in orphanages and secure their
physical survival. However, majority are beyond the four
walls of orphanages. (Dabla, 2010)
Challenges to Orphans in Kashmir
With the increase in number of orphans in Kashmir, which
had a direct impact on the meager resources allocated to
them hence, resulted in manifold challenges and challenges
increasing day to day? The challenges can be
conceptualized as follows: (Dabla, 1999)
Accommodation Problems: This type of
vulnerability exists to the orphan children who have
lost their parents. Since Kashmiri society allows
widows remarriage which has a direct ramification
on the orphan, making them dishonored from
maternal support. (Dabla, 2010) Hence, orphans
were felt with one option that was orphanages. The
second factor that makes the orphan to approach
orphanages was little support from relatives, friends
and community members. The third factor is the
economic dependency of orphans making them
vulnerable to get shelter at orphanages.
Educational Loss: The frequent attacks on
education institutions had an alarming impact on
children’s education. Security forces have used
school buildings as barracks, thus putting them out
of bounds. 2297 adults and non-formal education
centers have closed in the region since 1990 due to
financial constraints and staff shortages. But, the
orphan in Kashmir has different story in-terms of
their educational status. (Madhosh, 2000) Due to
economic and social debasement, these orphans
were all together unable to study in schools.
(Jayratha, 2001) Moreover the educational
curriculum followed by different orphanages was
not based on modern pattern; many orphanages were
only focusing on religious education only. Thus,
disparity and deprivation exists in-terms of
education of orphan.
Psychological Problems: Most of the orphanages
were the victims of armed conflict in Kashmir. It
doesn’t matter where they live; the impact on their
mental health has been inevitable phenomenon.
There is presence of anxiety, stress, PTSD among
the children in Kashmir and orphan in particular.
(Prasad, 2000) It has remained evident as a result of
conflictual situations, that these orphans have
experienced in past. The need of an hour has resulted
in an institutional care for orphanages, but these
orphanages are not desirable for orphans, as they are
the result of armed conflict with strong
psychological trauma. (Margoob, 2006)
Social Dis-organization: Due to the parental loss,
the orphans in Kashmir had suffered on social
grounds like family, marriage and kinship. The
primary socialization of orphans has got dis-
organized, with dis-organization of family as a unit.
In this social environment whether the traditional
patriarchal authority couldn’t be established nor
could the traditional norms and values be
maintained. As a result, there was significant degree
of erosion to the valuation ethos and social control
mechanism with the outside their families. (State
Government of Jammu and Kashmir, 2009)
Health Problems: The conflict in Kashmir has led to
increase in neurological, cardiological,
psychological and oncological diseases. (De-Jong,
2000) The pathetic aspect of this situation is that
orphans are not in a position to get proper treatment.
The lack of service access in the health sector also
poses threat to the health scenario of orphan. The
absence of balanced nutrition has also the direct
consequences on the health of orphan like fatigue,
constipation, eye burning etc. are the common health
issues. (Voluntary Health Association of India-
VHAI, 2000)
Dependence: Most of the orphans have either
become partially dependent or totally dependent on
others, who include relatives, friends, neighbor and
community members. The orphans residing
indifferent orphanages are entirely dependent on
orphanages resources. However the material
dependence is fulfilled in orphanages but the
psychological dependence in a big lacuna.
(Mohammad, 2009)
Governmental Response
Indian constitution highlights the need and significance of
providing orphan protection and assistance. It mentions,
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“All citizens have equally before law” Article-10 of it states
that, “A child permanently or temporarily deprived of his
family environment for any reasons shall be entitled to
special protection and assistance provided by the state”.
Article-39(e) and (f) of the Indian constitution says, “ That
state must direct its policy towards securing that the
children are not forced by economic necessity to enter
vocation unsuited to their age and strength and that
childhood and youth are protected against exploitation and
against moral and material abandonment”. (CRC, 1998)
There are four major guidelines given by United Nations
Convention on Right of Child, ratified by India in 1992. The
need for such guidelines is of utmost importance for
orphans of Kashmir. The state government showed a feeble
role in promoting the interest of orphans. There is no
comprehensive policy of state government for the orphans.
The earlier response that the state government started
providing a job and exgratia financial payment of
Rs.50.000/= which later on raised to Rs.100,000/= to the
next of kin of deceased person.
The Jammu and Kashmir council for Rehabilitation of
Victims of Militancy Scheme (VOM) under which the
orphans for the conflict are assisted financially. The
financial assistance helps under the scheme to orphans in
following ways:
Orphans studying from Ist. Standard to 5th
standard, primary Rs.200/= per-month.
Orphans studying from 6th Standard to 8th standard,
started Rs.250/= per-month.
Orphans studying from 9th Standard and 10th
standard, started to Rs.300/=per-month.
(State Government of Jammu and Kashmir, 2009;
UNICEF, 1999)
International Response
The United Nations Declaration presents a code for the
wellbeing of every child, “Without any exception
whatsoever” and “Without distinction or discrimination on
account of race, colour, sex, language, religion, political or
other opinion, national or social origin, property, other
status whether of himself or of his family”. (Elisabeth,
2003)
The United Nations, in the Declaration of the Rights of the
Child again says, “The child by reason of physical and
mental immaturity needs special treatment, education and
care required by his particular condition. The child shall be
protected against all forms of neglect, cruelty and
exploitation. (Bhavan, 2000)
The United Nations adopted the Comprehensive
Convention of the Rights of Child in 1989. The preamble to
the convention, recognizes that, “The child, for the full and
harmonious development of his/her personality, should
grow up in a family environment, in an atmosphere of
happiness, love and understanding” and considers that,
“The child should be fully prepared to live an individual life
in society brought up in the spirit of the ideas proclaimed in
the charter of the United Nations and particular in the spirit
of peace, dignity, tolerance, freedom, equality and
solidarity. (State Government of Jammu and Kashmir,
2009)
Need of Study
The orphan and orphanages in Kashmir have developed into
a challenge in Kashmir. There was little number of orphans
prior to two decades. Such orphans were under the
traditional support system, which involved the guardianship
of joint family system; within such system orphans weren’t
facing the problems of food, shelter, clothing etc. The other
component that was in traditional support system was the
local community, taking care of these orphans in absence of
guardians.
The two decades long conflict has made a paradigm shift in
relation to care and protection of orphans. There has been
increased number of orphans as a result of loss of life due
to armed conflict. Since it has also led to disruption in entire
social, economic and political spheres. Hence it has
rendered the orphans without care and protection.
With the arena NGO’s stepped in and thus led to the
establishment of orphanages. The establishment of
orphanages was the only immediate support system for
orphans with the passage of time not only the number of
orphans increased but also the number of orphanages. Over
a period of time it rendered the orphanages as indispensable
part of society.
In the present context the need emerges to the study, the role
of orphanages, social stigma of orphanages and economic
problems. It becomes incumbent to assess the role of
orphanages through their basic services like
accommodation, food, clothing, education, recreation etc.
The need is also to identify whether there are inconformity
with the minimum standard, whether these are at par with
national and international standard.
The orphanages in Kashmir are altogether lacking the
licensing system, which is the key indicator guaranteeing
basic service up to certain standards by their regulatory
nature. The orphanages are however found to be having the
legal status, being registered under the Trust Act and
Societies Registration Act, but such legal status doesn’t
prescribe and regulate the role of orphanages.
Moreover the social stigma that is related to such
orphanages has a direct impact on psychology of orphan and
needs to be given a critical assessment. The economic
problems of orphanages and their impact on their role
becomes subject of study.
Objectives of Study
To carry out investigation about nature of conflict
situations in Kashmir and its implications to the
childrens of Kashmir.
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To carry out the objective study about the life and
living conditions of orphans due to conflict
situation.
To analyze objectively the response of the society
and of the state towards the problems of orphans in
Kashmir.
To make an objective assessment of the role of
orphanages in Kashmir in responding to the critical
problem of orphans in the social, psychological,
economic, cultural, health and other related fields.
To make a presentation of suggestions for policy
formulation and its implication on the part of
government and specific realistic suggestions to be
implicated by local orphanages.
Tools and Techniques of Data Collection
After understanding some ideas and understanding the field
and working out of universe the research plans, how to
assess the field. These main techniques of data collection;
one is intensive field work method and other is survey
method. Intensive field work method include observation,
interview, case study etc. often the researcher uses one as
more methods to collect data, taking into consideration the
nature of investigation, objectives and scope of inquiry,
financial resources and the availability and degree of
accuracy. The data to be collected would need to adequate
and dependable.
The present study was empirical one; the data was collected
from both primary as well as secondary sources. The
primary collection of data included the employment of
Structural Interview Schedule (SIS) and observation. The
Structural Interview Schedule (SIS) was with orphans,
sponsors of orphanages and managers of orphanages.
However, a separate schedule was prepared for orphans.
The schedule included both open ended and closed ended
question and was employed with great precisions to get
accurate and unbiased data. The observation was also
followed, assessing the services and activities of
orphanages like lunch, prayers, playing. The collection
included direct participation in the activities of orphanages
and also interviewing in between with other activities. Since
the Structural Interview Schedule (SIS) was to be employed
with the 20 orphans in each orphanage, hence the orphans
were selected in randomly. The employment of Structural
Interview Schedule (SIS) continued for 4-5 days in each
orphanage.
The secondary sources include books, journals, research
papers, official reports, evaluation reports of orphanages
etc. this secondary information was also report writing.
Results
Finding-1
The findings of present work are divided into two sets. The
first set deals with opinion of sponsors and managers of
orphanages. The second set deals with the opinion of
orphans regarding their respective orphanages. The five
orphanages were selected for the purpose of study. Hence,
for both the sections of findings; the sample for data
collection remained same. The interview schedule was
employed with sponsors and managers of the particular
orphanages.
From five orphanages, two persons each from orphanage
were taken in the study. The designation of these personnel
was varying from orphanage to orphanage. In the random
sample, five persons were taken with designation as
manager, three as warden and two as chairman. Among the
sample of 10 respondents only one respondent was female
with designation as warden; all the respondents were in the
age group of 30 years to 65 years. The educational status of
the respondents was, five studied up to bachelor’s level,
three up to 12th standard and two up to 10th standard. All the
five orphanages showed absence of professionals for care
and protection of orphans.
The duration of work of the respondents at orphanage varied
from 3 years to 15 year in these or different orphanages. The
nature of work, these respondents was ranging from
management of orphanage affairs, administration of
orphanage and care taking supervision of orphans.
In these 5 orphanages, 4 are registered under Trust Act or
Societies Registration Act, and only one orphanage is un-
registered. Among five, only one orphanage has been
established prior to 1990, while rest 4 were established after
1990.
Finding-2
The part second of the findings deal with the opinion of
orphan about services provided to them by orphanages. The
five orphanages were selected for the purpose of study.
Hence for both the sections of findings; the source for data
collection remained same. Each orphanage was given unit
size for sampling equal to twenty in order to collect data
from orphan’s opinion, thus in total, this chapter involves
the sample size that is 100 orphans. The various orphanages
which were taken under the study were J&K Yateem
Khanna Gulshan Mahal Hawal, Al Mahmud Children
Home, Banat Gopalpora, Gulshan Mahal B Soura.
The total number of orphans, which is hundred, had been
taken within the age group of 6-18 years. This was taken in
view to have an orphan who has completed the 6 years of
age but not completed the 18 years. Further the orphans
were categorized into following age groups:
I. 6-12 years.
II. 13-18 years.
After the collection of data it is found that 32% of orphans
were in between the age group of 6-12 years and 58% of
orphans were in the age group of 13-18 years. Among the
selected orphanages only one orphanage was for the
females (Banat). The representation of orphans on the basis
of sex ratio was 80% males and only 20% females. The
disproportionate representation in terms of sex ratio was
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due to the fact that only few orphanages are accommodating
girl child orphans.
The original residence of orphans was assessed in terms of
rural and urban. After the data collection, it was found 94%
of the orphans were from rural areas and only 6% from the
urban areas. The rural urban categorization was done on the
municipal categories, which has already categorized the
rural and urban areas in terms of the population density.
All the respondents were found to be school going,
however, the nature of schooling is varying from
orphanages to orphanages, which will be explained in the
proceeding tables and inferences. Further it was found in the
study that 28% of the respondent was studying below 5th
standard; this shows the disparity between the age of orphan
and his standard in which he/she studies. Only 10% of the
respondents were found studying in 5th standard, the 37%
were studying in the 6th, 7th, 8th and 9th standard. It was also
found that 24% of the orphans were studying in the 10th
standard and only one orphan was studying in the
intermediate level. The other fact that number of orphans
being low in higher class was due to their maximum
residence age 17-18 years at orphanage. Consequently, such
orphans leave the orphanages.
The present study divulges that 52% of orphan had father in
either skilled labour, causal labour and self-employed
which showed the economic background of such orphans
who were residing in such orphanages. About half of
orphans in such orphanages are the direct victims of
violence. Another reason that has made these orphans to get
shelter in such orphanages in the poverty of their relatives,
with the absence of primary breadwinner consequently,
only option for such orphans remain to get haven at
orphanages.
The education of orphans at orphanages entirely depended
on the private institutions. Either the schooling of orphans
was done at orphanage or at private schools. Very little
number of orphans was getting education at government
schools. It reveals the role of government orphanages. The
number of orphans who receive the benefits from Social
welfare Department was also little. Moreover, these
beneficiaries receive very less monetary assistance which
makes it hard for such orphans to be self-sufficient and self-
reliant.
It can be thus said that the role of orphanages in mixture of
success and failures, the success they meet in rehabilitating
the orphans and meeting their basic necessities of life. The
failures are in the sense that services were not confirming
the standards as prescribed by the society, state and
International Legal Instruments
Recommendations
The fulltime case worker must be present in each
orphanages with a least one case worker for 50
orphans. The case worker in such setting shall
facilitate orphans having varied number of
problems and will address those problems
individually.
The stake holders should trace the orphans beyond
18 years of age and necessary policy must be
followed for their continuity of education or
vocational trainings.
Since orphans being vulnerable children, hence
their sound development depends in their
recreation, leisure and play; a proper focus should
be given.
The orphanages must need to track the health
records of each individual and need to be
maintained that. Since most of the orphanages
were found to be using the unbalanced diet. It
becomes thus necessary to have balanced diet chart
prepared with expert consultation and there is need
for such chart to be strictly followed. It will have
positive implication on the decrease in number of
physical and mental health problems.
Orphans must be allowed to interact with the world
outside their orphanages. Thus need is to foster
orphans for interaction with people outside
orphanage. Further, they being considered as
vulnerable and susceptible to deviant behavior the
proper regulatory atmosphere can be followed to
check such behavior.
The locally used names of orphanages like Yateem
Trust and Yateem Khanna must be replaced by
more attractive names, which will reduce the
stigma among the orphans.
Most of orphanages are registered under Trust Act,
but only mere registration under trust doesn’t serve
the purpose of regulating such orphanages thus the
need is to have a comprehensive policy from state,
which will fix the minimum standards for
orphanages so far as the house activities are
concerned.
The policy must ratify the various National and
International Rights of children. The focus of such
activity will make orphanages in conformity with
International standards and International Rights
like Convention on Rights of Children.
Conclusion
Armed conflict is the use of armed violence to resolve local,
national or international disputes between individuals and
groups that have a political, economic, cultural or social
origin. Hence conflict has been an inevitable phenomenon
in every society and has various causes to erupt any point of
time. The 20th century has witnessed hundreds of armed
conflicts ranging from international, national and at local
levels.
The two decades long armed conflict in Kashmir has
involved the combination of both high-tech war fare and
traditional weaponary”. This verity has led to heavy toll of
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civilians in wide range of situation. Consequently, either the
causality lead to direct death of child or rendered the child
as orphan. The factors such as separation of children’s from
families, poverty, death of family member and discord have
made it mandatory for orphans to get shelter at every
expense.
The earliest response to problems of orphans came from
family and kin groups members. But, this type of help
neither remained sustainable nor organized for huge number
of orphans. The governmental response was also feeble as
it lacks comprehensive policy for them. Thus, one of the
outcomes of last two decades armed conflict in Kashmir has
been large number of orphanages.
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