KATHMANDU, Jan 15: In a move sparking national debate, a parliamentary sub-committee under the Law, Justice, and Human Rights Committee of the House of Representatives has proposed lowering Nepal’s legal age of marriage from 20 to 18 years.
The recommendation comes after a detailed study and monitoring of the law's implementation in districts of Madhesh, Lumbini and Sudurpaschim Provinces, where the realities of rural life have highlighted a growing disconnect between legal stipulations and social practices.
Advisory task force recommends keeping marriage age at 18
Currently, the Civil Code, 2074 BS, sets the legal age for marriage at 20 years. However, the sub-committee observed that rigid enforcement of this law has led to unintended consequences, particularly in cases involving young couples who choose to live together before reaching the legal age. Often, such relationships, when reported to authorities, result in legal actions such as charges of rape or kidnapping, further complicating the lives of those involved.
The sub-committee’s report underscores the complex realities of child marriage in Nepal. While child marriage is a punishable offense under the law, societal norms in some regions continue to accept or even encourage early unions. In these cases, when disputes arise or relationships come to an end, accusations of serious crimes such as rape are filed, leading to legal battles that could have been avoided with a more pragmatic approach to the age of consent.
“Given the ground realities, we believe that lowering the marriage age to 18 will reduce legal complexities and reflect the social realities of rural Nepal,” the report states. The sub-committee has argued that this adjustment could also help in cases where mutual consent exists, protecting young couples from being caught in the web of stringent legal provisions.
However, the suggestion has not been without controversy. Advocates for children’s rights argue that lowering the marriage age might inadvertently encourage child marriage, undermining years of advocacy and policy aimed at protecting adolescents from premature unions and their associated risks.
The sub-committee’s report also highlights the complex issue of consent and its interpretation under the law. In some cases, young couples living together consensually have later found themselves embroiled in legal battles when disagreements arise, with one party accusing the other of rape. The subcommittee has recommended clearer provisions in the law to distinguish between consensual relationships and criminal offenses.
