Marriage Crimes in Nepal: Types, Laws, and Remedies Explained

Marriage, a sacred and legally recognized institution, is expected to be a bond of love, trust, and mutual respect. However, in Nepal, marriage can also become a setting for various forms of exploitation and violence, giving rise to what is known as marriage-related crimes. These include child marriage, dowry-related violence, marital rape, polygamy, forced marriage, and domestic abuse. Deep-rooted patriarchal values, cultural practices, lack of education, and weak law enforcement contribute to the persistence of such crimes despite progressive legal reforms. While the Constitution of Nepal and various laws seek to protect individuals, especially women, from violence and discrimination in marriage, implementation often falls short. Many victims suffer in silence due to social stigma, fear, and limited access to justice. Addressing marriage crimes in Nepal requires not only stronger legal mechanisms but also a shift in societal attitudes towards gender equality, consent, and human rights within marital relationships.

1. Dowry-Related Violence

Dowry-related violence is a deeply rooted social issue in Nepal, particularly affecting women in traditional and patriarchal communities. The dowry system is a practice where the bride’s family is expected to provide money, goods, or property to the groom’s family upon marriage, which often leads to abuse, harassment, and even death when demands are not met. Although the Dowry Prohibition Act exists and dowry is legally banned in Nepal, the practice persists, especially in rural and Madhesi communities. Women are frequently subjected to mental, physical, and emotional violence by their in-laws and even husbands, pressuring them for more dowry or punishing them for inadequacy. This not only violates their basic human rights but also reflects broader issues of gender inequality, economic exploitation, and cultural discrimination. Addressing dowry-related violence requires stricter enforcement of laws, awareness campaigns, and a societal shift in attitudes toward women’s value beyond material contributions in marriage.

Legal provision

Legal provision Dowry is prohibited, and demanding or accepting it is punishable with fines or imprisonment under Nepali law. Demanding dowry during or after marriage is a punishable offence. Muluki Penal Code 2074 has made provisions regarding Dowry:-

• Anyone who demands or accepts a dowry can face up to 3 years in prison, a fine up to NPR 30,000, or both.
• After marriage, it is illegal to harass or mistreat the bride or her family for not providing dowry or property. If such post-marriage harassment occurs, the offender may face up to 5 years in prison, a fine up to NPR 50,000, or both.
• Any property or dowry taken must be returned to the rightful owner.

2. Child Marriage

Child marriage is a harmful practice where a boy or girl, typically under the age of 20, is married off, often under social, cultural, or economic pressures. It is a violation of human rights that deprives children of their childhood, education, and opportunities for personal development. Child marriage often leads to early pregnancies, health risks, domestic violence, and limits the child's ability to participate fully in society. Despite legal prohibitions in many countries, including Nepal, child marriage continues to persist due to poverty, traditional norms, and lack of awareness. Ending child marriage requires strong legal action, education, and community engagement.

Legal Provision:

The Civil Code 2017 prohibits marriage before 20 years of age (without parental consent) and criminalizes those involved in arranging such marriages.

Such marriage shall, ipso facto, be void.

A person who commits the offence shall be liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.

3. Polygamy

Polygamy is the practice of having more than one spouse at the same time and is considered a traditional custom in some cultures and communities. In many societies, it typically refers to a man having multiple wives. However, polygamy can lead to various legal, social, and emotional challenges, particularly for women and children involved. In Nepal, polygamy is legally prohibited under the National Penal Code, as it violates the principles of equality and individual rights. Despite the legal ban, the practice still exists in some regions due to cultural beliefs, lack of education, and weak enforcement of the law.

Legal Provision:

Polygamy is punishable under the Muluki Criminal Code Sec 175, with imprisonment and fines for violators.

Imprisonment for a term of one to five years and a fine of ten thousand to fifty thousand rupees.

4. Marital Rape

Marital rape, also known as spousal rape, is the act of a spouse forcing or coercing their partner into sexual activity without consent. It is a form of sexual violence that occurs within the boundaries of marriage or a similar intimate relationship. Historically, many legal systems did not recognize marital rape as a crime due to the assumption that marriage implies permanent sexual consent.

Legal Provision:

Marital rape is punishable with up to 5 years imprisonment, particularly in cases where the couple is legally separated or living apart.

Forced Marriage

Forced marriage is a situation where one or both individuals are made to marry without their free and full consent. It is a violation of human rights and often involves coercion, threats, or emotional and physical pressure. Unlike arranged marriages based on mutual agreement, forced marriages deny individuals the right to choose their life partner, leading to long-term psychological trauma, loss of freedom, and abuse.

Legal Provision:

Imprisonment for a term not exceeding two years and a fine not exceeding twenty thousand rupees.

6. Abuse and Domestic Violence

Abuse and domestic violence refer to a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner or family member. It can take many forms, including physical, emotional, psychological, sexual, and financial abuse. Domestic violence is not limited to physical harm; it often involves intimidation, manipulation, humiliation, and threats that erode a person's sense of safety and self-worth. Victims of domestic violence can be of any gender, age, race, or background, though women and children are disproportionately affected. It often remains hidden due to fear, shame, or societal pressure, making it one of the most underreported crimes.

Legal Provision:

• Whoever commits the act of domestic violence shall be punished with a fine of three thousand rupees which may extend up to twenty-five thousand rupees; or six months of imprisonment; or both.
• Whoever attempts to commit domestic violence or abets the crime or incites others to commit the crime shall be liable to half the punishment of that of the perpetrator.
• Whoever has been punished once for the offense of domestic violence shall be liable to double the punishment upon every repetition of the offense.
• If a public servant commits the offense of domestic violence against wife, old aged member, disabled, minor, or pregnant woman, he shall be liable to an additional ten percent punishment over and above the prescribed punishment.
• Whoever doesn't obey the Court orders issued to grant interim protection order shall be fined Two thousand rupees to Fifteen thousand rupees or four months of imprisonment; or both.

Marriage crimes in Nepal represent a grave violation of human dignity, equality, and justice, affecting thousands, especially women and girls, across the country. Despite constitutional safeguards and progressive legal reforms, harmful practices like child marriage, dowry violence, polygamy, forced marriage, marital rape, and domestic abuse persist due to deep-rooted patriarchy, lack of awareness, and weak law enforcement. Tackling these crimes requires more than laws, it demands widespread social change, community engagement, education, and support systems for survivors. Only through combined legal, institutional, and cultural efforts can Nepal ensure that marriage becomes a safe and respectful bond for all individuals.