LGBTQ Nepalis welcome court’s ‘milestone’ marriage decision
- The nation’s Supreme Court has told the government to set up a separate temporary register for marriages of couples belonging to gender and sexual minorities
- Nepal already has some of Asia’s most progressive laws, but rights groups say it lags behind in recognising same-sex relationships
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Nepal’s LGBTQ community welcomed on Thursday a Supreme Court interim decision to allow all citizens to register their marriages, including same-sex and transgender couples.
The Supreme Court issued the interim order on Wednesday, directing the government to establish a separate temporary register for marriages of couples belonging to gender and sexual minorities.
While the decision does not need to be ratified by parliament, the government can ask the court questions in its response before a final ruling.
“It is a milestone decision for us and it opens doors to establish marriage equality,” said Pinky Gurung, President of LGBTQ rights group Blue Diamond Society.
Gurung, along with eight others, filed a public service litigation this month seeking equal marriage rights.
Transgender activist Bhumika Shrestha, 35, who has been in a relationship for more than four years, said the decision was a “relief”.
“I cannot express in words how happy I am,” Shrestha said. “Going ahead, we need to ensure that all couples are entitled to rights that are considered a norm for a married man and woman.”
Nepal already has some of South Asia’s most progressive laws on homosexuality and transgender rights, with landmark reforms passed in 2007 prohibiting discrimination based on gender or sexual orientation.
A third gender category for citizenship documents was introduced in 2013 and Nepal began issuing passports with the “others” category two years later.
However, Nepalese law has stayed silent on same-sex or transgender marriages despite a 2015 expert committee recommendation to legalise same-sex marriages following a Supreme Court order to enshrine the rights of sexual minorities.
The Supreme Court ordered the government this year to recognise a non-heterosexual marriage of a Nepali with a foreigner and issue a spousal visa.
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Human Rights Watch warned in May of “the government’s lagging implementation of court orders to recognise same-sex relationships”.
Gay and transgender Nepalis and rights activists say the LGBTQ community – estimated to be more than 900,000 people – still faces discrimination, particularly for jobs, health and education.
The nation has a population of around 30 million.
