Blanket criminalisation of minor relationships needs revision

**Stakeholders Call for Revision of Nepal’s Laws on Consensual Minor Relationships**

*Kathmandu, August 30* – A group of child‑rights advocates, legal experts and health professionals warned that Nepal’s current legal framework, which treats any sexual contact with a person under 18 as statutory rape, may be overly punitive for consensual relationships between adolescents.

The concerns were voiced at a recent discussion organized by Youth Lead Sexual and Reproductive Health Rights Advocacy Nepal (YOSHAN) in Kathmandu. Participants highlighted a lack of comprehensive sexuality education (CSE) as a contributing factor to both unsafe sexual practices and involvement of adolescents in criminal incidents.

**Legal provisions under scrutiny**

YOSHAN director Durga Sapkota cited a study conducted by the organization across several districts, noting an increase in sexual activity among adolescents despite prevailing social restrictions. She referenced government data indicating that 47 percent of Nepali adolescents under 18 have engaged in sexual activities. Under Article 219 of the Nepalese Criminal Code, any sexual contact with a person under 18 is classified as statutory rape, irrespective of mutual consent or the age of the male partner.

“The rigid provision can lead to young boys being imprisoned for consensual relationships, while young girls may face social stigma, shame and exclusion,” Sapkota said. She added that these outcomes can be exacerbated by social biases related to caste, religion and class.

**Calls for education and nuanced legislation**

Advocate Roshana Shrestha argued that the issue has intensified because recommendations from various organizations, including United Nations guidelines on comprehensive sex education, have not been fully implemented. “Providing adolescents with comprehensive sexuality education at the school level is essential to promote safe boundaries and emotional health,” Shrestha said.

Legal advocate Sabin Shrestha addressed the broader legal debate surrounding the decriminalisation of consensual minor relationships, particularly where the age gap between partners is small. He warned that treating such cases as “heinous crimes like rape” undermines the human dignity and autonomy of adolescents. Shrestha suggested that the law should differentiate between a young child and a teenager, reflecting the concept of an evolving capacity of consent rather than applying a blanket age threshold.

**Next steps**

The panel urged the government and relevant authorities to review Article 219 and consider reforms that balance the protection of minors with recognition of consensual adolescent relationships. They also called for the swift adoption of comprehensive sexuality education curricula in schools, aligned with international best practices, to address the underlying drivers of unsafe sexual behavior among Nepal’s youth.

Article and image source: risingnepaldaily.com