The Romeo and Juliet law is a legal provision designed to protect minors from being labelled as sex offenders when underage minors of a similar age have a consensual sexual relationship. The consensual relationships between teenagers are not necessarily comparable to abusive or coercive relationships involving adults and minors.
It primarily aims to protect the older minor in a consensual adolescent relationship from being unfairly labelled and punished as a sex offender.
Every teenage relationship doesn’t involve exploitation, yet many legal systems continue to treat consensual adolescent intimacy under strict criminal standards. As per section 219 of the National Penal Code, 2074, and the Act Relating to Children, 2075, sexual intercourse with any person below 18 is rape. So, who shall we blame when both minors have a consensual sexual relationship?
Why does Nepal need Romeo and Juliet law?
The current legal framework treats nearly all sexual relationships involving people below 18 in the same manner, without adequately distinguishing consensual adolescent relationships from exploitative adult- minor relationships.
The government of Nepal is trying to legally address the issues that arise with the failure to distinguish consensual adolescent relationships from exploitative adult-minor relationships. The addressing of these issues primarily focuses on the following concerns that have been part of Nepal’s justice system.
1. Disproportionate Punishment
Criminal law aims to punish exploitation and abuse. Applying the same harsh punishment to consensual adolescent relationships raises the question of fairness and proportional justice. The inclusion of the Romeo and Juliet law in the legal system of Nepal tends to promote fair and proportional justice and protection of minors.
2. Failure to protect minors
One of the most important aims of the judiciary and legal system of any country is to protect its incompetent citizens (minors). The National Penal Code, 2074, in section 219, mentions the provisions relating to punishment on the basis of the situation and the age of the victim.
The provision clearly has a missed interpretation relating to consensual sexual relationships between minors; the provision has emphasised protecting the female minors but has missed the question of whether there existed any consensual sexual relationship when the partners were minors.
Families sometimes use statutory rape provisions against relationships they socially or culturally disapprove of, even where consent exists between teenagers close in age. The Romeo and Juliet law protects the minors involved in a consensual sexual relationship and misuse of the provision to address social and cultural disapproval.
3. Protection and understanding must go together
Protecting minors does not always require strict criminalisation. A balanced law can protect children while also acknowledging consensual teenage relationships. A Romeo and Juliet law would help the law distinguish between exploitation and consensual adolescent relationships in a more just and realistic manner.
Conclusion
The government plans to punish the abusive and coercive relationship while protecting the minors by bringing the Romeo and Juliet law. The concept of Romeo and Juliet law revolves around punishment for abusive and coercive sexual relationships and the protection of minors in consensual sexual relationships.
Many developed countries around the world have adopted this law. This vision is a good step in protecting minors and ensuring a fair and proportionate justice system for a country like Nepal.
