The Supreme Court orders the government to legalise same-sex marriage in Nepal · Global Voices
Benju Lwagun

People gathered at first Nepal Pride Parade near the Federal parliament of Nepal on June 29, 2019. Image via Wikimedia Commons by AllyProud. CC BY-SA 4.0.
On May 2, 2023, same-sex marriage is finally to be legalised by order of the Supreme Court in Nepal after several years of legal disputes. In addition, the court recommended extending recognition to other same-sex relationships. This landmark decision makes Nepal the first country in South Asia to permit same-sex marriage. The protection of LGBTQ+ rights and their recognition as fundamental rights was initially acknowledged in the new constitution of Nepal, which was finalized in September 2015.
Back in 2007, a group of LGBTQ+ activists presented a petition to the supreme court, starting a legal battle that would last 16 years. The petition strongly advocated for the legalization of same-sex marriage and included other demands for equal rights and recognition for the queer community. While the Civil Code of Nepal currently forbids same-sex couples from entering into a legal union, the issue of granting them complete marriage equality has been pending for an extended period of time. With the new ruling, the government is expected to revise the Civil Code sometime in the near future. The activists faced numerous setbacks and challenges along the way. In 2018, officials implemented a criminal code that only acknowledged heterosexual marriages, according to reports from Nepali media.
Different Human Rights organizations and the general public have celebrated this milestone and have also taken to social media to urge their government to begin implementing the Supreme Court's decision.
Human Rights Watch tweeted:
#Nepal’s Supreme Court has been clear on LGBT rights: equality should be the target.
But the government needs to move faster on implementation.
Read more from @astroehlein in today's #DailyBrief: https://t.co/H2a8jM4WlJ pic.twitter.com/KlVyyw5tEt
— Human Rights Watch (@hrw) May 2, 2023
A Twitter user in India wrote:
- Nepal court legalised same sex marriage
– Pakistan passed Transgender act
– Srilankan PM promised to support decriminalization bill
Can 2023 [be a] good [time] for India to legalise same sex marriages?
— Vikki – விக்கி 🌈 (@vikranthprasann) May 3, 2023
Deputy Asia Director, Human Rights Watch Phil Robertson tweeted:
Huge step forward for #LGBT rights in #Nepal with Supreme Court ruling that gov't must recognize same-sex marriages between Nepalis and foreigners! Time for #Thailand & other countries in SE Asia to follow suit! https://t.co/EhZcJUC8dl
— Phil Robertson (@Reaproy) May 2, 2023
On June 29, 2019, the first-ever full-fledged pride parade was organized, bringing together individuals of various genders and sexual orientations.
Participants at the Nepal Pride Parade 2019 at New Baneshwor. Photo by Sanjib Chaudhary. Used with permission.
Nepal has made significant strides in terms of LGBTQ+ rights and is considered one of the most LGBTQ-friendly countries in South Asia. Not too long ago, members of the LGBTQ+ community were denied basic human rights and access to national resources, but they now enjoy much greater societal acceptance and freedom. The country's constitution recognizes their rights, including the ability to obtain citizenship. In the 2021 census, the government included the LGBTQ+ community for the first time in order to provide them with better access to social security, healthcare, and education services. However, despite these positive developments, LGBTQ+ individuals still face harassment, stigmatization, and discrimination due to social taboos.