Criminal Liability For Child Marriages In Rural Nepal
Legal Framework
Minimum Age of Marriage: Under Nepali law, the legal minimum age for both men and women is 20 years.
Offence: Conducting, facilitating, or consenting to a marriage with a person under 20 constitutes a criminal offence.
Punishment: Offenders can face imprisonment up to three years, a monetary fine, or both.
Civil Consequence: Child marriages are legally voidable; courts can annul them and protect the rights of the minor (education, property, health, custody).
Liable Parties: Offenders can include the minor’s parents/guardians, the groom, accomplices, and the officiant.
Case Studies
Case 1: Dailekh District – Sarita Adhikari
Facts: Sarita, a 13-year-old girl, was married to a 25-year-old man in a rural village. The marriage was arranged by her parents.
Legal Issue: The marriage occurred before Sarita reached the legal age of 20; the question was whether the marriage was valid and who could be held criminally liable.
Court Decision: The court declared the marriage void due to the minor’s age. Sarita’s parents and the groom were found liable under the criminal code for facilitating child marriage. The parents were fined, and the groom was sentenced to six months imprisonment.
Key Principle: Child marriages are void, and liability attaches to both facilitators and adult participants.
Case 2: Saptari District – Santosh Kumar Yadav
Facts: Yadav married a 15-year-old girl. The girl’s family claimed abduction, but the groom argued it was a consensual child marriage.
Legal Issue: Whether the act constituted child marriage, kidnapping, or rape.
Court Decision: The Supreme Court treated it as child marriage. Yadav was convicted for facilitating child marriage and sentenced to six months imprisonment with a fine. Charges of kidnapping and rape were not upheld due to lack of evidence.
Key Principle: Even consensual child marriages are criminal offences; the courts focus on age rather than consent.
Case 3: Mahottari District – Coercive Child Marriage
Facts: A rural man coerced a 14-year-old girl into marriage against her will. Local authorities filed charges.
Legal Issue: Criminal liability of the groom and accomplices.
Court Decision: The groom was sentenced to 1.5 years imprisonment, and the parents who participated in arranging the marriage were fined.
Key Principle: Coercion does not excuse liability; both adults and complicit parents are punishable.
Case 4: Saptari District – Forgery of Birth Certificate
Facts: A man altered a girl’s birth certificate to make her appear older and marry her legally.
Legal Issue: Whether forgery for the purpose of child marriage constitutes an independent offence in addition to child marriage.
Court Decision: The court convicted him for both child marriage and document forgery, sentencing him to two years imprisonment and a fine.
Key Principle: Ancillary offences that facilitate child marriage, such as forgery, are separately punishable.
Case 5: Rupandehi District – Child Marriage Leading to Suicide
Facts: A 15-year-old girl was forced into marriage, suffered abuse, and committed suicide.
Legal Issue: Liability of the groom and facilitators when the child marriage leads to death.
Court Decision: The groom was sentenced to 2 years imprisonment for abetment to suicide, and all facilitators were fined under child marriage laws.
Key Principle: Courts can impose additional charges (e.g., abetment to suicide, abuse) when child marriage causes harm or death.
Case 6: Dailekh District – Hemanta Thapa
Facts: Hemanta attempted to marry a 15-year-old girl. The marriage had not formally occurred, but arrangements were in progress.
Legal Issue: Criminal liability for attempting or facilitating child marriage.
Court Decision: Hemanta was sentenced to one month imprisonment and fined Rs. 10,000; parents who aided him were also penalized.
Key Principle: Even attempts or preparations for child marriage constitute criminal offences.
Observations from Cases
Child marriages are treated as criminal offences, regardless of consent.
Parents and facilitators are liable in addition to the groom.
Ancillary offences (forgery, coercion, abuse) can increase criminal liability.
Sentences in rural areas tend to be relatively light but establish precedent for prosecution.
Courts aim to protect minors’ rights (education, health, property) alongside criminal sanctions.
These six cases illustrate that criminal liability in Nepal for child marriages is multi-faceted, covering facilitators, coercion, and harm caused to the minor. The courts actively annul child marriages and punish adults who circumvent legal protections for minors.
RELATED Blog
comments