Nepal’s Supreme Court’s Order on Same-Sex Marriage

On Tuesday, the single bench of Justice Til Prasad Shrestha issued an interim order directing the parties to make the required measures to register the marriage so that it remains a temporary record if the same-sex couples request an application.

Seven people, including President Pinky Gurung, filed a complaint in the Supreme Court on behalf of the Blue Diamond Society, claiming that Nepali law prevents same-sex marriages from being registered.

He submitted an application. 

They filed a petition against the Prime Minister’s office and the Council of Ministers, seeking that the provisions of the Civil Code 2074 governing marriage registration be amended.

The Supreme Court has also demanded a written response from the government addressing the legal procedures for the same-sex, third-sex community’s marriage registration

The Supreme Court ruled around 15 years ago that same-sex marriage would be permitted for adults of legal age to live together. However, same-sex marriage is not permitted under the Civil Code.

According to the law’s definition of marriage, ‘if a man and a woman acknowledge each other as husband and wife through any celebration, ceremony, ceremony, or any other act, it shall be declared marriage.’

Sunil Babu Pant, the Founder President of the Blue Diamond Society, stated that the Supreme Court’s judgment is excellent and that such orders are exceptionally unusual in the globe.

“A very good order has come, this is a very rare order in the world,” he said to Online News.

Pant stated that this order has provided significant relief to sexual and gender minorities who wish to marry.

He stated that the Supreme Court issued this decision with the goal of protecting citizens’ fundamental rights because the government has not passed laws. “The order arrived as stated; this is a significant victory,” Pant said.

When the Supreme Court ruled in 2064 to allow same-sex marriage, it also ordered the formation of a committee to research the social, cultural, and other implications of same-sex marriage on society.

Committee Formation

After the Supreme Court’s decision, the committee formed under the leadership of the then Health Secretary suggested that same-sex marriage should be legally recognized. But even after the recommendation of the said committee, after the government did not enact a law to recognize same-sex marriage, the same-sex transgender community went to court.

Recent Developments on the Same Sex Marriage in Nepal

Dordi Village in Lamjung has registered the marriage of a same-sex couple. The marriage has been registered at the Dordi Village-2 ward office in accordance with the Supreme Court’s order and the National Registration Department’s directions.

Ram Bahadur Gurung of Dordi Village-2 in Lamjung married Surendra Pandey of Kawasoti Municipality-8 in Nawalparasi and sought for same-sex marriage registration at the Dordi Village-2 ward office.

Sunil Babu Pant, a rights activist who advocated for LGBT rights in Nepal, asserts that same-sex marriage is the first in the country. ‘Today is a critical day that marked a path for LGBT rights in Nepal,’ he said. This is not just the first occurrence in Nepal, but also in South Asia.

They filed a complaint with the National Identity Card and Registration Department when the rural municipality refused to register the marriage.

According to the Supreme Court’s judgment, the department was directed to register the marriage as well as maintain a temporary record.

Marriage Registration Certificate

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