KATHMANDU, May 19: A growing debate has emerged in Nepal over how the law treats relationships between teenagers, with child rights activists and legal experts questioning whether current legal provisions reflect today’s social reality.
In December 2021, a 14-year-old boy was arrested in Bardibas Municipality of Mahottari on charges of attempted rape after a verbal complaint was filed by the family of a 14-year-old girl. The family alleged that the boy had attempted to sexually assault the girl while they were cutting grass together. However, no written complaint was submitted by the victim herself, yet the boy was arrested, and the investigation proceeded.
Such incidents, experts say, are not isolated in Nepal.
Child rights advocates argue that the law often fails to distinguish between genuine sexual violence and consensual relationships between adolescents of similar age.
According to child rights activist and legal expert Indu Tuladhar, Nepal’s existing legal framework defines all individuals under 18 as children, effectively criminalising even consensual relationships between adolescents. “We made these laws to protect children,” she said, “but now even natural relationships between adolescents of similar age are being criminalised.”
She added that many teenagers end up in correctional facilities due to romantic relationships. “On one hand, we talk about adolescents’ sexual rights, and on the other, we are criminalising them,” she told Republica.
Changing society, outdated laws?
Nepali society is undergoing rapid transformation. Increased access to technology, social media, global cultural influence and a more open social environment have significantly changed how today’s adolescents think, behave, and form relationships compared to previous generations.
However, experts say the legal and social systems remain rooted in outdated perspectives.
A key point of contention is the National Penal Code Act 2017, which considers any sexual relationship involving individuals under 18 as rape, even if it is consensual and between peers.
As a result, teenagers involved in consensual relationships often face criminal charges, are sent to correctional homes, or become socially ostracised.
The harsh reality of the law
Section 219 of the National Penal Code Act 2017 states that sexual relations with anyone under 18 is considered rape. While the provision was introduced to protect children, its implementation has raised concerns.
Even adolescents aged 16 or 17 are not exempt. In consensual relationships, they can still be treated as offenders and sent to correctional facilities.
Experts argue that adolescence is a period of hormonal change and natural sexual curiosity, which should be understood as part of normal human development rather than criminal behaviour.
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Consent or crime?
Child rights activist Devaki Acharya argues that treating consensual relationships between peers as criminal is not appropriate from a child rights perspective.
“From a human rights and especially child rights perspective, consensual relationships between peers should not be criminalised,” she said.
She further noted that current legal practices may be doing more harm than good. “If it is to be criminalised, both sides should be treated equally. But right now, only the boy is prosecuted and labelled an offender, while the girl is always seen as a victim,” she said.
Acharya also pointed out that parental pressure and social stigma often transform adolescent relationships into criminal cases. “Even a small relationship leads families to file complaints, involve police, and send boys to correctional homes. This is not in the best interest of children,” she said.
She also highlighted the growing trend of “living together” among young people and said laws need to address changing realities. “Marriage laws exist, but there is silence on living together. Society has changed, and the law must reflect that,” she added.
The case for a “Romeo–Juliet clause”
Legal expert Tarak Dhital said adolescent attraction and sexual curiosity are natural biological processes and cannot be addressed only through punitive laws.
“First and foremost, the state must provide proper sexuality education,” he said. “Without it, adolescents rely on misinformation and may make wrong decisions.”
He noted that many countries have adopted a “Romeo–Juliet clause", which does not criminalise consensual sexual relationships between adolescents close in age.
“In many countries, consensual relationships between peers or those with a small age gap are not treated as rape,” he said.
However, he emphasised that coercion, bullying, pressure, or manipulation must still be taken seriously.
“Even within peer groups, there can be pressure or psychological influence. So it is important to determine whether real consent exists,” he added.
He also said Nepal’s Supreme Court has shown signs of evolving interpretation in such cases, including rulings distinguishing between child marriage and rape charges in specific contexts.
Education system still lagging
Despite inclusion in the curriculum, comprehensive sexuality education in Nepal remains largely ineffective in practice.
According to Tuladhar, while sexuality education exists on paper, it is rarely taught properly in classrooms. “It is in the curriculum, but not taught in practice,” she said.
Experts say comprehensive sexuality education should include not only reproductive biology but also consent, safe behaviour, gender diversity, sexual violence, and online safety.
Dhital added that silence around sexuality leaves adolescents vulnerable to misinformation. “We cannot treat this as a taboo. Teenagers need accurate information,” he said.
Child marriage and social pressure
Child marriage remains a persistent issue in Nepal, particularly in rural and marginalised communities. Adolescents often elope due to social pressure or lack of acceptance of their relationships.
Dhital said society’s inability to accept adolescent friendships contributes to the problem. “If a boy and a girl are friends, people start making comments. This pushes them toward elopement and early marriage,” he said.
He stressed the need to normalise adolescent friendships. “This is not the old era. Boys and girls should be able to talk freely without stigma,” he said.
Legal reform under discussion
Section 173 of the National Penal (Code) Act 2017 is currently under review, with discussions ongoing on possible amendments.
Child rights activist Acharya believes legal reform could reduce the number of adolescents sent to correctional homes.
“If we can manage peer relationships practically, many problems can be resolved,” she said.
Tuladhar also stressed the need to update laws in line with changing times.
“The law should protect children, but it should not criminalise their lives,” she said.
The road ahead
Although Nepal has committed to implementing United Nations recommendations, challenges remain in practice. Adolescents today are growing up in a digital world, with values and relationships significantly different from previous generations.
Experts say the state must stop viewing adolescents as offenders and instead recognise them as individuals in a changing social reality.
Providing proper education, a safe environment, and legal protection could help adolescents grow into responsible citizens. However, continued criminalisation of consensual peer relationships, they warn, may have long-term consequences for both young people and society.
A 2023 study by the Centre for Reproductive Rights and YoSHAN found that in several cases, families file rape charges in consensual adolescent relationships, often driven by social pressure or caste differences. Critics argue that the legal system rarely accounts for the psychological impact on young people.
International recommendations
Various countries and international bodies have urged Nepal to improve adolescent sexual and reproductive health rights, expand comprehensive sexuality education, and reconsider laws criminalising consensual relationships among peers.
During Nepal’s Universal Periodic Review (UPR) at the UN Human Rights Council, several member states raised concerns and issued recommendations.
Mexico, for instance, recommended decriminalising consensual relationships between adolescents close in age.
Countries such as Iceland and Norway also urged Nepal to expand access to reproductive health services and sexuality education both inside and outside schools.
Human rights experts argue that instead of relying solely on punitive laws, strengthening education, counselling, and youth-friendly health services is a more effective approach.
These recommendations, they say, offer Nepal an important opportunity to align its legal framework with international human rights standards while ensuring both protection and dignity for adolescents.
