The government of Prime Minister Balendra Shah in Nepal is preparing to amend the country's statutory rape laws by incorporating a so-called 'Romeo-Juliet' clause. This provision would prevent consensual relationships between teenagers of similar age from automatically being classified as rape. The proposed reform, currently under review, aims to create a three-year age-gap exemption for adolescents aged 16 to 18, while maintaining strict penalties for sexual abuse, coercion, and exploitation.
Current Law and Its Criticisms
Under Nepal's existing legal framework, any sexual relationship involving a person below the age of 18 is considered rape, irrespective of consent. Meanwhile, the legal marriage age in the country is 20. Critics argue that this has led to situations where teenage boys have been imprisoned following consensual relationships, often after complaints from families who oppose the relationship—including those involving inter-caste unions or elopements. The debate has intensified as Nepal also considers lowering the legal marriage age to 18, a proposal that has garnered support from some quarters but raised concerns among child rights activists.
Momentum from Recent Cases
The proposal gained traction after several controversial cases involving teenage couples reached Nepal's courts. Law Secretary Udaya Raj Dhungana stated that the government is drafting a 'Romeo and Juliet law' in response to an increase in such cases. 'The intention is not to weaken rape laws. The intention is to separate exploitation from natural adolescent relationships,' he explained. Dhungana noted that one suggestion under consideration is to apply the exemption when the age difference is up to three years, while cases with a larger age gap would continue to be prosecuted under regular criminal law.
Support from Legal Experts and Activists
Senior advocate Meera Dhungana, who participated in discussions surrounding the reform, told the Times of India that families often use rape complaints to break relationships they disapprove of. 'We found cases where the law was being used to punish young couples rather than protect minors from abuse,' she said. The debate has also found support among younger activists and students, who argue that the law does not reflect the realities of adolescent relationships in Nepal. Samikshya Karki, a youth rights activist and law student based in Kathmandu, told TOI: 'Two teenagers in a relationship should not automatically become a criminal case. The law must distinguish between abuse and consensual relationships among peers.'
Concerns from Child Rights Groups
However, the proposal has raised alarm among child rights organizations and women's rights activists, who warn that any relaxation of statutory rape provisions could weaken protections for girls in a country still grappling with child marriage and gender-based violence. Former National Human Rights Commission member Mohna Ansari urged caution, stating: 'There must be broad discussion and understanding of social realities before changing the law. Otherwise, there is a risk of misuse.'
The government is expected to continue consultations before finalizing the reform, balancing the need to protect minors from abuse while avoiding criminalization of consensual teenage relationships.
