Lowering the Marital Age of Nepal: Controversy Estopped on Protection against Child Marriages?

Adhikari, Dikshya and Mahaseth, Harsh (2025) Lowering the Marital Age of Nepal: Controversy Estopped on Protection against Child Marriages? Oxford Human Rights Hub.

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Abstract

Moving into a controversial circle, on January 15, 2025, the Law, Justice and Human Rights Committee of the House of Representatives proposed to bring down the marital age from 20 to 18 years in Nepal and sources claim that at present the government is working for the same. This proposal stirred debates among a large group worried about its aftermath. Opposing the proposal, a coalition of 15 community-based organizations in Sarlahi asked the government to remove the provision and maintain the marriageable age at 20 years. They highlighted the serious implications the reduction in the minimum age may have on health, education, and the overall welfare of the youth, especially girls.

Child marriage is prohibited under Article 39(5) of the Constitution of Nepal, supported by legal frameworks such as the Children’s Act (2075) and the Human Trafficking and Transportation (Control) Act (2064). However, the enforcement of such laws remains inconsistent, often due to weak coordination between various levels of government and a lack of cultural awareness surrounding the issue. Currently, if one or both spouses are below 20 years, the marriage is not legally recognized in Nepal. Legislators in Nepal had earlier revised the National Civil (Code) Act, 2017 (2074), which set the minimum marriageable age at 20, which is one of the highest in the world.

Item Type: Article in Newspapers and Magazine
Keywords: child marriage | Gender Equality | Legislative Reform | Socio-Economic Rights | Women's Rights
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Human Rights
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 23 Apr 2025 13:58
Last Modified: 23 Apr 2025 13:58
Official URL: https://ohrh.law.ox.ac.uk/lowering-the-marital-age...
URI: https://pure.jgu.edu.in/id/eprint/9401

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