Kathmandu: Nepal is preparing for a significant reform of its sexual offence laws as the government led by Balen Shah considers introducing a “Romeo and Juliet clause” aimed at distinguishing consensual teenage relationships from criminal sexual assault cases.
Under the proposed amendment, consensual relationships between teenagers aged 16 to 18 would not automatically be treated as rape cases if the age gap between the two individuals is within three years. However, authorities have clarified that cases involving coercion, abuse, manipulation, or exploitation would continue to attract strict criminal penalties.
At present, Nepal’s existing law classifies any sexual relationship involving a person below 18 years of age as rape, regardless of consent. The country also maintains a legal marriage age of 20 years, a provision that has increasingly sparked public debate.
The proposed legal shift comes after growing criticism that the current law has led to the criminalisation of consensual adolescent relationships. In several reported cases, teenage boys were jailed after families opposed relationships, particularly in inter-caste relationships or elopement-related disputes.
According to Nepal’s Law Secretary, Uday Raj Dhungana, the government began reviewing the law following a rise in controversial cases reaching the courts. He stated that the objective is not to weaken protections against sexual violence, but to create a legal distinction between exploitation and consensual teenage relationships.
Officials are reportedly considering a provision that would exempt relationships with an age gap of up to three years, while cases involving larger age differences would continue to fall under existing criminal statutes.
Senior advocate Meera Dhungana, who has participated in discussions surrounding the reform, said the current law has sometimes been misused by families attempting to break up relationships they disapprove of. She noted that the legal framework should focus on protecting minors from abuse rather than punishing consensual relationships between adolescents.
Social activists in Kathmandu have also expressed support for the proposed change. Social worker Samikshya Karki argued that the law should differentiate between genuine exploitation and mutual teenage relationships instead of treating both as identical criminal offences.
The proposal has simultaneously reignited a broader national debate over reducing Nepal’s legal marriage age from 20 to 18. While some groups support the move as a realistic adaptation to social realities, others fear it could weaken safeguards intended to protect young people from early marriage and exploitation.
Legal experts believe the final shape of the reform will likely face intense political and social scrutiny before any amendment is formally introduced in Parliament.
