Kinship means, incestuous relationship (Had Nata). Kinship include all kith and kin that are very close to the concerned person. It includes his/her own sister or brother, her own son, sisters and brothers from the side of stepmother. It further includes grandmother, daughter-in-law, daughter etc. Some castes of Nepal arrange marriage among their own relatives.
In Jirel community, for an example, a man can marry his sister-in-law after the death of brother. The same custom is prevalent in Sunuwar, Danuwar and Chepang communities. The son of brother and the daughter of sister get priority in marriage among the Tamangs. Generally, marriage cannot be arranged within very close relations. The law has allowed for the arrangement of marriage among the blood relations if such a custom is prevalent in that community. There is no law and scientific base to prove that a certain relationship is blood relationship. The marriage arranged within bone kinship cannot be evaluated properly as there lacks proper law related to it.
The existing law about kinship helps to control population growth to some extent, as it does not allow arranging marriage with someone considered a kin. It delays the marriage as it consumes time to search suitable partner. It is necessary to get permission from protector if girl gets marriage before 18 years and boy gets marriage before 21 years. The marriage should not be arranged without the consent of both partners. If marriage is arranged without their consent, the arranger is punished and the marriage is voided. No male is legally allowed to arrange his marriage before he is 22 years old. It is very important for both sides to agree for marriage because it is the most important event of their life.
Supreme Court has made a strong decision that if the male has sexual intercourse without the consent of female, it is to be regarded as a criminal act and the culprit can be sent to jail for having committed rape. This decision became effective since 19th Baishakh 2059 B.S. The Supreme Court also issued an order to the effect that if someone has sexual intercourse with widow, a maiden or the wife of somebody, without his or her consent, he is imprisoned with the charge of rape. No one can have sexual relationship with the girl less than 16 years of age no matter whether she permits or not. This law brought a hidden fact into light that even husbands rape their wives and such husbands are punishable by law. The existing law has discrimination between the so called good and bad women. If sexual intercourse is made with a sex worker, he should pay only 500 as a fine. But this system has been modified and made a law that such persons are also punished as others may commit adultery.
