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Sex and marriage in Nepal

The Nepali Supreme Court's landmark decision against virginity tests reaffirms the legal definition of marriage but it is not as progressive as it appears to be.

Sex and marriage in Nepal
Artwork by Sabita Dangol.

The Nepali Supreme Court's landmark decision against virginity tests is not any more progressive than it needs to be.

In the changing social context, to preserve virginity, or to indulge in sexual activities with the person of one's choice is an individual decision. Some people are open about their sex lives; others have secret relationships. Having a sexual relationship does not change a woman's legal status.

Some people first have a child and then decide to get married; others live as husband and wife for all practical purposes but never tie the nuptial knot.

Since society is modernising on all fronts, and individual freedom is being emphasised more and more, having sex alone cannot establish that a marriage has taken place. Neither can parents absolve themselves of their responsibilities towards a daughter who has had sex.