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The Constitution of Nepal has stipulated the right against child marriage as a fundamental right. Nepal is also a party to various international treaties against child marriage. In this sense, it falls within the theoretical scope of human rights. According to the existing laws of Nepal, marriage under the age of 20 is defined as child marriage. There is also a provision for imprisonment of up to three years and a fine of up to Rs 30,000 for those who commit marriage-related offenses, including child marriage. These provisions notwithstanding, instances of child marriage are not hard to find in Nepal.

An alarming picture

According to the statistics of the Nepal Police, in 2022, 52 complaints related to child marriage were registered in Koshi province, 10 in Madhes province, 10 in Bagmati province, five in Lumbini province, 10 in Sudurpaschim province, two in Gandaki province and nine in Karnali province.

These figures are merely representative records. Whether it is the parents who get their children married off to avoid responsibility or the children themselves opting to tie the nuptial knot, there is a widespread practice of covering up child marriages in families or societies by not filing complaints.

Therefore, it’s no surprise that Nepal still has a sizable population that disregards the minimum marriageable age and sees marriage only as a matter of obligation, maybe because of illiteracy also.

According to the 2011 census, child marriage, which stood at 27 percent, came down to 21 percent (per the 2021 census). One can take a little bit of solace in these data. Still, child marriage remains a matter of concern with rural and marginalized communities still opting for it in the name of tradition and culture.

I myself had the pathetic experience of child marriage, so I am committed to playing a concrete role in reducing child marriage by empathizing with the overall development of girls from ordinary families. A resolution registered in the House of Representatives aims to initiate a concrete and diagnostic debate on the abolition of child marriage in Nepal. It is necessary to debate whether the abolition of child marriage is possible, not its reduction.

In our society, child marriage is not limited to any specific community or geography; it has spread throughout the country, depriving the children, first and foremost, of their right to education.

No matter how strict the law is, traditional thinking and socio-economic environment encourage child marriage with factors like poverty, inequality, lack of education and gender discrimination all playing their respective parts.

Various researches show that child marriage increases the risk of early pregnancy, maternal mortality, malnutrition, school dropout rates and violence. It is also a subtle and distorted form of gender violence. Child marriage is both a cause and a consequence of poverty.

In terms of the right to education, child marriage effectively ends the formal education of children. Child marriage in lower and middle-class families leads to the compulsion to have children and shoulder the responsibility of parenthood. Not only this, most of the men and women, who marry at an early age, have their decision-making capacity diminished, which impacts their participation in the ‘economic cycle’ necessary to sustain the life cycle.

On account of factors like these, 193 countries expressed commitment to the United Nations’ Sustainable Development Goals (SDGs) and set various goals with 17 indicators to set global development priorities by 2030, in 2015. ‘Target 5.3’ under the SDGs talks about ending child marriage within the deadline.

We have enacted laws against child marriage but our campaigns and programs aimed at ending this scourge do not seem to have reached sections of the society that are lagging behind in terms of human development indexes like literacy. We need to be more serious vis-a-vis child marriage, also to achieve SDGs by aligning our efforts with the United Nations and various donor agencies working to end child marriage. 

With all three tiers of the government—central, provincial and local levels—lacking a clear vision, will we be able to achieve these goals within the deadline for SDGs? 

The way out

Let’s make it mandatory for every youth to obtain an ‘adult registration certificate’ from the ward office of the concerned municipality for marriage upon completing 20 years of age. This kind of arrangement can bring about desired positive changes. Just as the state provides birth certificates, citizenship or other official documents, our policy initiative should be toward making it mandatory to obtain an adult registration certificate from the ward before marriage after attaining the minimum marriageable age. Some local levels appear to have implemented this system, which is quite commendable. A legal system governing this throughout the country will make way for its integrated implementation and a measurable impact. 

The author is a lawmaker