JuRI submitted suggestion letter on the proposed amendment bill of the Penal Code provision on Child Marriage
May 21, 2025,
Kathmandu
Justice and Rights Institute-Nepal (JuRI-Nepal) submitted its suggestion letter to the Ministry of Law, Justice, and Parliamentary Affairs, expressing its disagreement with the proposed revision of existing laws to lower the minimum age for marriage. The legal age of marriage is currently 20 years; however, the government is preparing to revise the Child Act and the Criminal Code.
The letter was submitted in response to a public call for feedback on the draft bill proposing amendments to the National Penal (Code) Act, 2017 regarding provisions on child marriage. According to Article 173 of the current Criminal Code, the legal age for marriage is 20 years. Any marriage conducted below this age is considered void and is punishable by up to three years of imprisonment and/or a fine of up to NPR 30,000. However, the proposed amendment (Page 8, serial number 34) appears to legalize marriage at a young age. Although the proposed bill states that marriages involving individuals under the age of 16 are automatically null and void, it attempts to legalize marriages involving people over the age of 16. This remains a child marriage under existing law.
In this regard, JuRI-Nepal has conveyed its apprehensions, believing that the proposed provisions are concerning, as they undermine the rights of minors and contradict existing legal and constitutional protections. JuRI-Nepal believes that legalizing child marriage will not improve social problems, but rather harm economic, educational, health, and human development indicators. It strongly recommends that the legal marriage age be maintained at 20 years, in accordance with current legislation, and that the proposed amendments allowing legal recognition of child marriage be revoked.
The submission paper was handed over to Mr. Udayaraj Sapkota, Secretary of the Ministry, by Ms. Rosly Pokharel, Secretary of JuRI-Nepal. She was accompanied by Executive Director Mr. Gopi Parajuli and Advocate and Deputy Executive Director Mr. Bishnu Prasad Pokhrel.
Upon receiving the submission, Mr. Sapkota expressed his gratitude to JuRI-Nepal for the suggestion paper and encouraged the organization to provide strong and constructive recommendations to support the finalization of the bill.
(Full text of the submission paper can be found here)