The Balendra Shah government in Nepal is planning to amend its statutory rape law by introducing a “Romeo-Juliet” clause that would prevent consensual relationships between teenagers close in age from automatically being treated as rape cases.
The proposed reform, currently under review, seeks to create a three-year age-gap exemption for adolescents aged between 16 and 18, while continuing to impose strict punishment for sexual abuse, coercion and exploitation.
Under Nepal’s existing law, any sexual relationship involving a person below 18 is considered rape regardless of consent, while the legal marriage age in the country is 20.
Critics of the current law argue that it has resulted in teenage boys being jailed after consensual relationships, often following complaints by families opposed to the relationship, including inter-caste relationships or elopements.
The debate is unfolding alongside wider discussions in Nepal over whether to lower the legal marriage age to 18 — a proposal that has drawn support in some sections of society but concern from child-rights activists.
The reform proposal gained momentum after several controversial cases involving teenage couples reached Nepal’s courts.
Law secretary Udaya Raj Dhungana said the government was preparing a “Romeo and Juliet law” after observing a rise in such cases.
“The intention is not to weaken rape laws. The intention is to separate exploitation from natural adolescent relationships,” he said.
Dhungana added that one proposal under consideration would apply the exemption only where the age difference between the teenagers is up to three years, while cases involving larger age gaps would continue to be prosecuted under regular criminal law.
Senior advocate Meera Dhungana, who has participated in discussions around the reform, said families were often using rape complaints to break up relationships they disapproved of.
“We found cases where the law was being used to punish young couples rather than protect minors from abuse,” she said.
The proposal has gained support among younger activists and students, many of whom argue that the current law does not reflect the realities of adolescent relationships in Nepal.
Kathmandu-based youth rights activist and law student Samikshya Karki said, “Two teenagers in a relationship should not automatically become a criminal case. The law must distinguish between abuse and consensual relationships among peers.”
However, the proposed changes have also raised concern among child-rights groups and women’s rights activists, who warn that any relaxation of statutory rape provisions could weaken protections for girls in a country still struggling with child marriage and gender-based violence.
Former National Human Rights Commission member Mohna Ansari urged caution, saying, “There must be broad discussion and understanding of social realities before changing the law. Otherwise, there is a risk of misuse.”
