Kathmandu — Legal experts and rights advocates have stressed that consensual sexual relations between minors of similar age groups should not be criminalized. The issue was discussed in a recent legal dialogue focused on adolescent relationships and the proposed legal provisions surrounding them.
The discussion was jointly organized by the Forum for Women, Law and Development (FWLD) and the Center for Reproductive Rights. Advocate Nabin Kumar Shrestha, focal person of the program, emphasized the need for widespread and inclusive consultation before enacting the proposed “Romeo and Juliet” law. He asserted that such laws should adopt a decriminalization approach, especially considering the social context and evolving needs of the time.
FWLD Executive Director Advocate Sabin Shrestha remarked that the utility and implications of the proposed amendments to the Muluki Criminal Code must be carefully studied. While acknowledging some progressive elements in the draft, he warned that criminalizing sexual activity among adolescents could increase the risk of girls being unfairly labeled as victims.
Shrestha also pointed out that although adolescents are developing the capacity to give informed consent to sexual activity, the law continues to treat such acts as criminal. He warned that redefining rape and passing the proposed legal reforms without due consideration could lead society toward greater complexity.
He noted that 341 cases of sexual violence were reported to the police in the fiscal year 2081/82 (2024–2025). He argued that any amendment to the Criminal Code should be informed by recent developments and cases in sexual violence.
Praveena Bajracharya, director at the Center for Reproductive Rights, emphasized the importance of first understanding why a Romeo and Juliet law is necessary. She stated that placing consensual physical relationships between peers under criminal law does not resolve underlying problems.
She further explained that it is important to distinguish between sexuality and marriage, and that revised legislation should address protection and awareness. Bajracharya also noted that international legal practices can offer important lessons when crafting domestic laws.
Advocate Roshna Pradhan, also from the Center for Reproductive Rights, shared findings from a Kathmandu-based survey that supported the need for such legislation. “Recent studies show that school-going adolescents are sexually active,” she said. “We need laws that address the emotional and developmental realities of teenagers.”
She underscored that any new legal provision should be based on international standards and court rulings that have addressed similar issues of consensual adolescent relationships.