Nepal is considering a major change to its rape law through a proposed “Romeo-Juliet Clause” that aims to separate consensual teenage relationships from cases involving abuse or exploitation.
According to a report by The Times of India by Vishant Agarwala, the proposed amendment would ensure that consensual romantic or physical relationships between teenagers aged 16 to 18 are not automatically treated as rape if the age difference between the two individuals is three years or less.
However, the proposed law would continue to impose strict punishment in cases involving sexual assault, coercion, pressure, blackmail, or exploitation.
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What Nepal’s current law says
At present, Nepal’s law treats any sexual relationship involving a person below 18 years of age as statutory rape, regardless of consent. The legal marriage age in the country is currently 20.
Critics of the existing law say it has led to situations where teenage boys were jailed over consensual relationships after complaints were filed by families opposed to the relationship. In some cases, the opposition reportedly involved inter-caste relationships or teenage elopements.
Why the ‘Romeo-Juliet law’ debate started
The discussion gained momentum after several cases involving teenage couples reached courts in Nepal. Officials say the growing number of such cases pushed the government to consider reforms.
Law Secretary Udaya Raj Dhungana said the government’s intention is not to weaken rape laws but to distinguish between exploitation and consensual adolescent relationships.
“The intention is not to weaken rape laws. The intention is to separate exploitation from natural adolescent relationships,” he said.
Under one proposal currently being discussed, the exemption would apply only if the age gap between the teenagers is up to three years. Cases involving a bigger age difference would still fall under criminal law.
Families allegedly misusing rape complaints
Senior advocate Meera Dhungana, who has been involved in discussions around the reform, said some families were allegedly using rape complaints to separate couples they disapproved of.
“We found cases where the law was being used to punish young couples rather than protect minors from abuse,” she said.
Supporters of the reform argue that the current law does not reflect the reality of teenage relationships and can sometimes criminalise consensual relationships between minors.
Young people back the proposal
Many students and youth activists in Nepal have supported the proposed reform. They believe consensual teenage relationships should not automatically become criminal cases.
Kathmandu-based youth rights activist and law student Samikshya Karki said the law should clearly differentiate between abuse and consensual relationships among teenagers.
“Two teenagers in a relationship should not automatically become a criminal case. The law must distinguish between abuse and consensual relationships among peers,” she said.
Child rights groups raise concerns
At the same time, the proposal has triggered concern among child-rights organisations and women’s rights activists. Critics fear that easing statutory rape laws could weaken protections for girls in a country that still struggles with child marriage and gender violence.
Former National Human Rights Commission member Mohna Ansari urged the government to proceed carefully before making changes to the law.
“There must be broad discussion and understanding of social realities before changing the law. Otherwise, there is a risk of misuse,” she said.
(With TOI inputs)
