Teenage couple to become parents soon without legal charges

A 13-year-old boy and a 14-year-old girl, both 5th graders in the same school, will become parents soon. The incident came to light after the school management in one of the schools in Samtse reported the incident to the police after they noticed behavioral and physical changes in the girl.

The incident was reported to the police on 18 August right after their exams.

A source said that the parents were not aware of their daughter being pregnant until the school management informed them.

The girl’s physical appearance was normal, which is why her pregnancy went unnoticed by her parents and the school authorities until the 31st week of pregnancy. It was learnt that the teenage couple used to walk to and from school together as they live in the same neighborhood.

They have confessed to having consensual sex, and with both being minors, none of the parties are liable for any penalties or charges.

Otherwise, if it was ruled as a rape, then the person will be held liable under section 115 of the Penal Code (Amendment) Act of Bhutan 2011. The section states that if the defendant is a child of above 12 years, the Court shall sentence the child in conflict with the law to a minimum of half of the sentence prescribed for the offence.

Meanwhile, though it is not there in the Penal Code of Bhutan, there is a clause called Romeo and Juliet clause, which is basically to protect the teenagers from unfair prosecution, wherein, if both the parties are minor and did everything consensually, they are not liable for any charges. 

Section 183 of the Penal Code (Amendment) Act of Bhutan 2011 states that a defendant shall be guilty of the offence of rape of a child above the age of twelve years if the defendant commits any act of sexual intercourse against a child between the ages of twelve to eighteen years.

The section further states that, however, if the sexual intercourse between children of sixteen to eighteen years was consensual when it occurred, it shall not be considered to be rape thereafter even if one of the children has become an adult when a complaint is lodged.

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