KATHMANDU: On March 23, 2025, during a session of the Law, Justice, and Human Rights Committee, Home Minister Ramesh Lekhak proposed two potential changes to Nepal’s marriage age laws as part of ongoing amendments to the Child Act. These options include setting the legal marriage age at 18 or adopting the Romeo-Juliet model, which would allow consensual relationships between individuals aged 16 to 18 without criminalizing them as statutory rape. This model requires mutual consent and no coercion.

Minister Lekhak emphasized that both proposals have international precedents and called for further deliberations before finalizing any changes. Currently, in Nepal, sexual activity between individuals under 20 is treated as statutory rape, regardless of consent, sparking concerns about criminalizing teenage relationships. The proposed Romeo-Juliet Law would offer a more nuanced approach, exempting 16- and 17-year-olds in consensual relationships from such charges, but its implementation may face challenges, particularly in rural areas, as seen in cases from Lalitpur and Saptari.

The following explainer dives into the potential impact of the Romeo-Juliet Law in Nepal, drawing from real-life case studies, including those in Lalitpur, Morang and Saptari, to illustrate the challenges and need for such legal reform.

What is the Romeo and Juliet Law?

The Romeo and Juliet Law is a legal provision designed to address situations where underage individuals engage in consensual sexual relationships with peers close in age. The law aims to prevent teenagers from being penalized under strict statutory rape laws, which could lead to severe consequences, such as being labeled as sex offenders. It acknowledges that not all sexual activity between teenagers should be treated with the same severity as cases involving adults and minors.

Typically, the law applies when the age difference between two individuals is minimal, usually within 3 to 5 years. It exempts the older individual from being classified as a sex offender, ensuring that teenagers are not burdened with lifelong penalties for consensual relationships. Although it doesn’t legalize underage sex, it offers a more context-specific approach, protecting minors from harsh legal repercussions.

The Romeo-Juliet Law is particularly relevant in countries like Nepal, where teenagers may engage in consensual relationships but face penalties under statutory rape laws. In Lalitpur, for example, a 17-year-old boy and a 16-year-old girl faced legal action after their relationship was reported by the girl’s parents. In this case, the Romeo-Juliet Law could have protected the boy, highlighting the need for legal reform that differentiates between consensual teenage relationships and abusive behavior.

What is the background and origin of the Romeo and Juliet Law?

The Romeo and Juliet Law, inspired by Shakespeare’s play about two young lovers, addresses cases where teenagers engage in consensual relationships but face legal consequences due to statutory rape laws. In the play, Juliet and Romeo, around 14 and 15 years old, defy their feuding families. Their tragic story has influenced real-world perceptions of young love and its complexities.

British actor Richard Driscoll coined the term “Romeo and Juliet effect” to describe situations where teens in consensual relationships face legal charges. This led to the creation of the Romeo and Juliet Law, first passed in Florida, USA in 2007. The law protects teenagers (typically aged 16 or 17) who engage in consensual relationships with peers 3 to 5 years younger, preventing severe consequences like being labeled as sex offenders.

The law doesn’t legalize underage sex, but it shields teens from lifelong penalties, such as mandatory sex offender registration. Over time, variations of the law have been adopted in several U.S. states, each with different provisions. The law’s influence has also sparked legal debates in other countries, including Nepal, highlighting the need for fairer legal frameworks addressing teenage relationships.

What are some notable incidents that led to the debate about the law?

The debate around the need for a Romeo and Juliet Law in Nepal has been fueled by several high-profile cases involving consensual relationships between minors, where one or both parties were underage. These cases often involved young couples facing criminal charges due to their romantic relationships, leading to the call for legal reforms to prevent the criminalization of consensual love between close-aged individuals.

One of the most widely discussed cases was that of Santosh Kumar Yadav and Sangita from Saptari, who were in a romantic relationship for a year despite facing caste-based opposition from their families. In 2016, the two decided to run away and get married, planning to go to India. However, after spending time at a relative’s house in Udaypur, Sangita’s family reported her as kidnapped, accusing Santosh of abducting her and committing rape. Although initially acquitted by the district court, Santosh was later convicted by the High Court for kidnapping and sexual assault, and sentenced to seven years in prison. The case took a significant turn when the Supreme Court, after reviewing the details, cleared him of the charges, citing their consensual relationship despite the young ages involved. This case raised questions about whether criminal charges should apply to consensual relationships between minors.

Another case involved Ramesh, a 15-year-old boy from Lalitpur, who was accused of sexual assault after engaging in a consensual physical relationship with a 14-year-old girl in 2022. The girl’s mother filed a complaint alleging that Ramesh had forced her daughter into a sexual relationship. However, the girl later testified that the relationship had been consensual. Despite this, the case highlighted the legal complications faced by young lovers in Nepal, where the law does not differentiate between genuine consensual relations and instances of exploitation.

In another case from Morang, Sanjiv (name withheld), a 16-year-old boy, was accused of abduction and sexual assault after eloping with his 13-year-old girlfriend. The couple had met via social media and were in a romantic relationship. Sanjiv took the girl to his relative’s house, but her family later filed a complaint. The girl’s statements revealed that the relationship had been consensual, but this did not stop the legal proceedings. This case again brought attention to the need for legal reform to address situations where young people in love are caught between the law’s protective measures and their consensual actions.

A similar case involved Nikita (name withheld), a 17-year-old girl from Morang, who had been in a consensual relationship with a boy named Yogesh (name withheld). They had been meeting secretly and even traveling together, but when her parents found out, they accused him of kidnapping and sexual assault. Even though Nikita later stated that her relationship with Yogesh had been consensual, the case illustrated how the existing legal system failed to accommodate such situations where young couples were penalized for consensual relationships.

Why is there a need for the Romeo-Juliet Law in Nepal?

Nepal’s existing laws on statutory rape fail to acknowledge the complexities of teenage relationships, often leading to severe legal consequences for consensual relationships. This has been evident in high-profile cases like that of Santosh Kumar Yadav, a young man from Saptari, who was accused of abduction and rape despite the fact that his relationship with the 15-year-old girl involved mutual consent. Under the current laws, any sexual activity involving individuals under the age of 20 is automatically considered statutory rape, even if the relationship was consensual.

This legal gap highlights the need for reform. The Romeo-Juliet Law would offer protection for teenagers who, despite being underage, engage in consensual relationships with peers of similar age. In the case of Santosh and Sangeeta, the criminalization of their relationship led to unnecessary legal complications, public shaming, and long-term social repercussions. The law would help prevent such cases from escalating and instead focus on ensuring that there is no coercion or abuse. Furthermore, the law would address the fact that many teenagers, especially in rural areas, are entering relationships earlier than legally allowed but in a safe, consensual manner.

By adopting such a law, Nepal would better reflect the realities of teenage relationships while still protecting minors from potential harm and exploitation. This law would focus on cases involving genuine abuse, rather than penalizing adolescents who are engaged in consensual acts.

How did the Home Minister’s statement spark the conversation?

In March 2025, Nepal’s Home Minister, Ramesh Lekhak, made a statement in Parliament that reignited the conversation surrounding the Romeo-Juliet law. His remarks focused on the importance of finding a balance between protecting minors from exploitation while also acknowledging the natural course of teenage relationships.

Minister Lekhak highlighted concerns over the increasing number of young people being criminalized under the existing statutory rape laws, particularly in cases where the relationships were consensual. His comments came in response to mounting public concerns about the legal framework’s harsh application.

Minister Lekhak proposed that the government review and amend the law to ensure that teenagers involved in consensual relationships are not unjustly punished. His statement triggered widespread public discussions about the fairness of the current law and whether it is time for legal reform that better reflects contemporary social realities, where teenage relationships are common but often misunderstood or misrepresented in the eyes of the law.

How does the Romeo-Juliet Law differ from current laws?

Under the current laws in Nepal, any sexual activity between minors—defined as individuals under the age of 20—is considered statutory rape, even if it is consensual. This creates an issue, particularly when the individuals involved are close in age. For example, the case in Saptari, where a 16-year-old girl and a 17-year-old boy were involved in a consensual sexual relationship, saw the boy charged with statutory rape despite no evidence of coercion. This reflects the overreach of current legal definitions that do not distinguish between coercive acts and mutually agreed-upon actions.

The Romeo-Juliet Law differs by introducing exceptions for consensual relationships between minors who are close in age. It would allow individuals aged 16 and 17 to engage in relationships without facing statutory rape charges, as long as the age gap between them is minimal. In the case of Lalitpur, where a 16-year-old girl’s family accused her 17-year-old boyfriend of statutory rape despite their consensual relationship, the Romeo-Juliet Law would have prevented such an unfair charge. The law does not absolve perpetrators of abuse, but it ensures that consensual relationships between young people are not criminalized without cause.

Such a shift would also alleviate the burden on the judicial system by filtering out cases where no harm or exploitation occurred. This adjustment reflects a more nuanced understanding of teenage relationships, in line with modern social norms.

How does the Romeo-Juliet Law protect minors from exploitation?

The Romeo-Juliet Law protects minors from exploitation by ensuring that any sexual activity occurring between close-in-age teenagers is consensual, and that there is no coercion or manipulation involved. This distinction is crucial because many teenagers, especially in rural parts of Nepal, engage in relationships with peers, often without malicious intent. Current laws fail to differentiate between these consensual relationships and those involving abuse, which can lead to severe legal consequences for teens.

In the case of Santosh from Saptari, his relationship with Sangeeta was consensual, yet he was still charged with abduction and rape due to their age difference. The Romeo-Juliet Law would have eliminated this issue by recognizing their mutual consent and focusing on cases involving clear abuse or coercion. In this way, the law would provide legal protection for teens like Santosh, who find themselves caught in a legal system that fails to distinguish between genuine love and criminal behavior.

This approach also ensures that cases of exploitation or coercion are still addressed by the law. The Romeo-Juliet Law would not protect abusive or coercive behavior but would instead focus on creating a more appropriate legal framework for handling teen relationships. Ultimately, the law ensures that the criminal justice system targets real cases of abuse while not punishing consensual, non-abusive relationships.

What role does consent play in the Romeo-Juliet Law?

Consent is the cornerstone of the Romeo-Juliet Law. Under this law, the legal definition of consensual sex is crucial in determining whether a relationship falls within the boundaries of the law. Unlike current statutory rape laws, which do not differentiate between consensual acts and those involving force or coercion, the Romeo-Juliet Law specifically protects those minors who willingly engage in sexual activity without manipulation or pressure from another party.

For example, the case of Lalitpur involved a 17-year-old boy and a 16-year-old girl who were in a consensual relationship. Despite the mutual consent, the girl’s parents reported the incident as statutory rape, which led to the boy being arrested. Under the Romeo-Juliet Law, the relationship would have been treated differently, focusing on the issue of consent rather than automatically labeling it as abuse.

Consent, however, must be proven in every case. If one party claims coercion or manipulation, thorough investigation is needed. This ensures that the law does not protect abusive relationships under the guise of consent. In this context, the Romeo-Juliet Law would allow teenagers in consensual relationships to avoid criminal penalties, provided there is no evidence of coercion, violence, or manipulation, as seen in the case of Santosh in Saptari.

How would the Romeo-Juliet Law impact Nepal’s juvenile justice system?

The implementation of the Romeo-Juliet Law would have a significant positive impact on Nepal’s juvenile justice system by alleviating the burden on courts and law enforcement agencies. Currently, many minors who engage in consensual relationships face serious legal consequences due to the blanket application of statutory rape laws. Cases like that of Santosh Kumar Yadav in Saptari highlight how the law often criminalizes innocent relationships between close-in-age teenagers, leading to unnecessary arrests and trials.

If the Romeo-Juliet Law were implemented, the justice system would have a clearer framework for handling cases of sexual activity between minors, focusing on relationships where consent is present and the age difference is minimal. This would allow law enforcement to devote more time and resources to cases involving actual abuse or coercion, rather than spending time prosecuting consensual teenage relationships.

For example, in the case of Santosh, the application of the Romeo-Juliet Law would likely have led to a dismissal of the charges, as the relationship was consensual. Similarly, in Lalitpur, the law would protect both parties by clarifying that the sexual relationship between the 16-year-old and 17-year-old was consensual and did not involve exploitation. This reform would ultimately reduce the number of minors incarcerated for non-abusive relationships, focusing on rehabilitation and education rather than punishment.

How do other countries implement the Romeo-Juliet Law?

Countries such as the United States, the United Kingdom, and Canada have successfully implemented versions of the Romeo-Juliet Law to address the issue of consensual sexual relationships between minors. In the U.S., many states have adopted close-in-age exceptions, which allow teenagers of similar ages to engage in sexual activity without facing statutory rape charges. These laws generally apply to individuals within a 3-4 year age difference, acknowledging that teenagers who are close in age may engage in consensual sexual relationships, which should not automatically be treated as criminal acts.

Similarly, the UK has established a legal framework that provides leniency for young people engaging in consensual sexual activity within a similar age range. The goal of these laws is to avoid the criminalization of normal teenage behavior, as long as the relationship is consensual.

The implementation of such laws is also seen in countries like Canada, where a close-in-age exemption exists to ensure that teenagers in relationships with similar age differences are not unfairly prosecuted. Nepal could learn from these international examples to create a legal framework that distinguishes between consensual relationships and coercive or abusive acts, ensuring fair treatment for adolescents involved in mutual relationships, such as the cases seen in Lalitpur and Saptari.

What impact would the Romeo-Juliet Law have on the judicial system in Nepal?

The Romeo-Juliet Law would reduce the number of cases related to consensual relationships between minors, allowing the judicial system in Nepal to focus more on serious criminal offenses. Currently, the law’s broad application of statutory rape charges to teenagers involved in consensual relationships puts a strain on Nepal’s already overloaded judicial system. In cases like Santosh from Saptari, the boy was imprisoned and faced charges for a relationship that involved no coercion. Such cases flood the courts with unnecessary trials and create a backlog in the judicial system.

By narrowing the scope of statutory rape to only include cases of coercion or manipulation, the Romeo-Juliet Law would streamline the judicial process, ensuring that courts are focused on cases that truly involve abuse. In the case of Lalitpur, the law would prevent an innocent teenager from being criminalized for a relationship that was mutually agreed upon by both parties.

Moreover, this legal reform would also allow law enforcement and judicial authorities to devote more time to cases of actual exploitation or abuse, creating a more efficient justice system. This shift would benefit both the legal system and society, ensuring that minor cases are handled appropriately while keeping the focus on serious crimes.

How would the Romeo-Juliet Law address social concerns in Nepal?

Nepal, like many countries, is home to deeply ingrained cultural and societal norms that often govern teenage relationships. In rural areas, relationships between teenagers of similar ages, especially those from different castes or communities, are sometimes subject to social scrutiny, family disapproval, and legal intervention. The Romeo-Juliet Law seeks to address these concerns by ensuring that consensual teenage relationships, even if frowned upon by society, are not criminalized if they do not involve exploitation or coercion.

For instance, in the case of Santosh in Saptari, the couple’s inter-caste relationship faced heavy social opposition, but the legal system treated their consensual relationship as a criminal act. With the introduction of the Romeo-Juliet Law, such relationships would no longer be subject to the heavy-handed application of statutory rape laws. Similarly, in Lalitpur, the law would protect a 17-year-old boy from being unjustly punished for engaging in a relationship with his peer, which was consensual.

By creating exceptions for minors in similar age groups, the Romeo-Juliet Law would help reduce the stigma attached to young love and promote more balanced and informed societal views on relationships. The law would ensure that societal pressures and family conflicts do not lead to the unfair criminalization of consensual relationships between teenagers.

What are the potential challenges in implementing the Romeo-Juliet Law in Nepal?

Implementing the Romeo-Juliet Law in Nepal would face several potential challenges. One significant concern is ensuring that the law does not become a tool for perpetrators of abuse to justify their actions. For example, a perpetrator could falsely claim that the relationship was consensual, potentially leading to abuse being overlooked. Strict guidelines would be necessary to protect minors from coercion, manipulation, or exploitation.

Additionally, societal resistance in more conservative areas could present obstacles. Many rural communities may still hold traditional views that view teenage relationships as taboo, especially when the individuals involved belong to different castes or communities. Educating both the public and law enforcement about the law’s intent would be critical in overcoming this resistance.

Lastly, the legal framework would need to be clear about the specific criteria for consent and age differences. Without proper guidelines, there may be confusion or inconsistent application of the law. However, with proper safeguards in place—such as thorough investigations into consent, clear definitions, and awareness campaigns—the Romeo-Juliet Law could greatly benefit Nepal by addressing the nuances of teenage relationships while protecting vulnerable individuals from abuse.