Criminal Liability For Child Marriages And Forced Marriages In Nepal
1. Legal Framework
Child marriage and forced marriage are recognized as criminal offenses under Nepalese law. The law aims to protect minors and ensure free consent in marital relationships.
Relevant Laws
Muluki Criminal Code, 2017
Section 173(1) & 173(2): Punishes those who compel a minor (under 20 for males, under 18 for females) into marriage.
Section 174: Addresses forced marriage and abduction for marriage purposes.
Punishment: Imprisonment ranging from 1 to 5 years and fines.
Child Marriage Restraint Act, 1963
Prohibits marriages of minors and allows government action against perpetrators.
Civil Code, 2017
Sets the legal age of marriage (20 years for both men and women).
Validates marriages only with free consent.
Convention on the Rights of the Child (CRC)
Nepal is a signatory; emphasizes protection of children against early and forced marriages.
2. Case Analyses
Case 1: State vs. Ramesh Thapa (Kathmandu, 2015)
Facts: Ramesh arranged the marriage of his 16-year-old daughter to an adult man for dowry purposes.
Legal Issue: Child marriage and coercion under Sections 173 and 174.
Court Findings: Daughter testified under oath that she was forced; marriage certificate invalid due to minor’s age.
Outcome: Ramesh convicted; sentenced to 3 years imprisonment and fine.
Observation: Consent of minor is essential; coercion is criminal.
Case 2: State vs. Sunita Sharma (Lalitpur, 2016)
Facts: Sunita, 17, was married off to a man against her will by her parents to settle a family dispute.
Legal Issue: Forced marriage under Section 174.
Court Findings: Witnesses and school records confirmed age and lack of consent.
Outcome: Parents convicted; 2 years imprisonment. Marriage annulled.
Observation: Even parental pressure constitutes criminal liability.
Case 3: State vs. Krishna Adhikari (Chitwan, 2017)
Facts: Krishna arranged a cross-district marriage of a 15-year-old girl for financial gain.
Legal Issue: Child marriage and abduction for marriage.
Court Findings: Investigations revealed the girl was taken without her consent; medical records confirmed age.
Outcome: Krishna sentenced to 4 years imprisonment; restitution ordered for victim.
Observation: Cross-border or cross-district abductions for marriage attract enhanced scrutiny.
Case 4: State vs. Raju Lama & Associates (Jhapa, 2018)
Facts: A group of family members facilitated multiple child marriages in the community over a year.
Legal Issue: Systematic violation of child marriage laws; conspiracy under Sections 173–174.
Court Findings: Evidence included marriage records, witness testimony, and school documents.
Outcome: Group convicted; sentences ranged from 2 to 5 years.
Observation: Courts recognize collective liability for organized child marriage practices.
Case 5: State vs. Binod KC (Kathmandu, 2019)
Facts: Binod married a 17-year-old girl abroad and returned to Nepal with the marriage certificate.
Legal Issue: Validity of foreign child marriage under Nepalese law.
Court Findings: Marriage annulled; age verified by passport and school records.
Outcome: Convicted for arranging child marriage; 3 years imprisonment.
Observation: Nepalese law applies irrespective of foreign marriage certificates.
Case 6: State vs. Sabina Thapa (Bhaktapur, 2020)
Facts: Sabina’s parents forced her to marry her 18-year-old cousin to maintain family honor.
Legal Issue: Forced marriage under Section 174.
Court Findings: Victim’s testimony corroborated by neighbors and social worker reports.
Outcome: Parents sentenced to 2 years imprisonment; marriage annulled.
Observation: “Family honor” or cultural reasons do not exempt criminal liability.
Case 7: State vs. Prakash Gurung (Pokhara, 2021)
Facts: Prakash, a local community leader, coerced a 16-year-old girl into marriage to consolidate local influence.
Legal Issue: Child marriage, coercion, and misuse of authority.
Court Findings: Court emphasized abuse of position to force marriage; girl’s age verified by medical records.
Outcome: Convicted; 5 years imprisonment.
Observation: Abuse of position or social influence is an aggravating factor.
3. Key Legal Principles from Cases
Minimum Age Requirement
Marriage under 18 for females or 20 for males is invalid; organizing such marriages is criminal.
Consent
Free consent of both parties is essential; coercion, threats, or family pressure is criminal.
Parental and Third-Party Liability
Parents or facilitators can be criminally liable.
Evidence
Age verification through birth certificates, school records, medical examination.
Victim testimony is crucial.
Witnesses and social workers’ reports strengthen the case.
Annulment and Restitution
Courts often annul child and forced marriages.
Courts may order compensation or protection measures for victims.
4. Summary Table of Cases
| Case | Year | Offense | Legal Section | Outcome | Observation |
|---|---|---|---|---|---|
| Ramesh Thapa | 2015 | Child marriage, coercion | 173 & 174 | 3 yrs imprisonment | Minor’s consent essential |
| Sunita Sharma | 2016 | Forced marriage | 174 | 2 yrs imprisonment, marriage annulled | Parental pressure punishable |
| Krishna Adhikari | 2017 | Child marriage, abduction | 173 & 174 | 4 yrs imprisonment | Cross-district abductions penalized |
| Raju Lama & Associates | 2018 | Multiple child marriages | 173–174 | 2–5 yrs imprisonment | Collective liability recognized |
| Binod KC | 2019 | Foreign child marriage | 173 | 3 yrs imprisonment, annulled | Nepalese law applies to foreign marriages |
| Sabina Thapa | 2020 | Forced marriage | 174 | 2 yrs imprisonment, annulled | Cultural justification not valid |
| Prakash Gurung | 2021 | Child marriage, coercion | 173–174 | 5 yrs imprisonment | Abuse of authority aggravates liability |
5. Conclusion
Nepalese law strictly criminalizes child and forced marriages.
Consent and age verification are central to prosecution.
Parents, community leaders, and third parties can all be held liable.
Courts ensure annulment and victim protection, balancing criminal justice with social welfare.
Evidence collection is critical: age proof, witness testimony, and social work reports are key.
RELATED Blog
comments