Back معاملة المثليين في نيبال Arabic নেপালে সমকামীদের অধিকার Bengali/Bangla LGBT práva v Nepálu Czech Homosexualität in Nepal German Diversidad sexual en Nepal Spanish Seksuaali- ja sukupuolivähemmistöjen oikeudet Nepalissa Finnish Droits LGBT au Népal French זכויות להט"ב בנפאל HE नेपाल में एलजीबीटी अधिकार Hindi Hak LGBT di Nepal ID

LGBT rights in Nepal

LGBT rights in Nepal
Nepal
StatusLegal since 2007
Gender identityThird gender recognised
MilitaryLGBT people allowed to serve openly[1]
Discrimination protectionsNo
Family rights
Recognition of relationshipsSame-sex marriage since 2024[2][3][4]
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature.[5][4] Homosexual intercourse was decriminalized in 2007.[6]

On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict.[7][8] The first "same-sex" marriage of a trans woman and a cisgender man occurred in November 2023.[2]

On 27 April 2024, the Ministry of Home Affairs issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into a separate register. The directive opened marriage to same-sex couples nationwide, making Nepal the 37th country in the world and the second in Asia to do so. However, it does not allow married same-sex couples to adopt.[9][10]

Prior to March 2023, and based on a ruling of the Supreme Court of Nepal in late 2007, the government was considering the legalization of same-sex marriage. According to several sources, the Constitution of 2015 was expected to include it.[11][12] Although the Constitution explicitly says that "marginalized" communities are to be granted equal rights under the law, and that Nepal's LGBT people fall into this category, it does not explicitly address the right of same-sex marriage.[13]

The Nepalese Constitution, approved by the Constituent Assembly on 16 September 2015,[14] includes several provisions pertaining to the rights of LGBT people.[13] These are the right to acquire a citizenship certificate in accordance to one's gender identity,[15] a prohibition on discrimination on any ground including sex by the State and by private parties.[16]

Despite some laws and provisions protecting third gender people, LGBT people still face societal discrimination in Nepal and there is significant pressure to conform and to marry a partner of the opposite sex.[17] Some Nepali observers accused the media of pinkwashing and spreading disinformation about same-sex marriage and LGBT rights in Nepal.[18]

  1. ^ Cite error: The named reference Equaldex was invoked but never defined (see the help page).
  2. ^ a b "Nepal Registers First Official Same-Sex Marriage in Country". Voice of America. 29 November 2023. Retrieved 29 November 2023.
  3. ^ Sharma, Gopal. "Nepal registers first same-sex marriage; 'historic', say activists". Reuters. Retrieved 29 November 2023.
  4. ^ a b Knight, Kyle (14 December 2023). "Did Nepal Achieve Marriage Equality? Not Quite Yet". Human Rights Watch. Retrieved 7 January 2024.
  5. ^ Condon, Ali (23 November 2023). "Thailand Cabinet approves marriage equality bill, submits it to parliament". PinkNews. Retrieved 23 November 2023.
  6. ^ "Nepal's Constitution of 2015" (PDF).
  7. ^ "Nepal registers first same-sex marriage; 'historic', say activists". Retrieved 19 February 2024.
  8. ^ "LGBTQ+ rights in Asia: Progress and setbacks in 2023". 19 December 2023.
  9. ^ "Nepal: Apex court issues interim order to "temporarily register" same-sex marriages". Asian News International. Retrieved 17 November 2023.
  10. ^ Chudy, Emily (30 June 2023). "Nepal ordered to recognise same-sex marriage by Supreme Court". PinkNews.
  11. ^ Parashar, Uptal (19 January 2010). "Nepal charter to grant gay rights". Hindustan Times. Archived from the original on 23 January 2010.
  12. ^ Nelson, Dean (19 January 2010). "Nepal 'to stage gay weddings on Everest'". Daily Telegraph. London.
  13. ^ a b "Nepal lawmakers approve first LGBTI protections in new constitution - Gay Star News". 15 September 2015. Archived from the original on 13 December 2019. Retrieved 17 September 2015.
  14. ^ Sharma, Bhadra (16 September 2015). "Assembly in Nepal Approves New Constitution". The New York Times. ISSN 0362-4331. Retrieved 17 September 2015.
  15. ^ "Constitution of Nepal, Part 2: Citizenship, Clause 12" (PDF). Archived from the original (PDF) on 14 September 2018. Retrieved 15 March 2021.
  16. ^ "Constitution of Nepal, Part 3: Fundamental Rights and Duties, Clause 18: Rights to Equality" (PDF). Archived from the original (PDF) on 14 September 2018. Retrieved 15 March 2021.
  17. ^ "Pant urges Adhikari to change his flawed lenses". 29 August 2018.
  18. ^ "'No, Nepal is not a queer utopia' - OnlineKhabar English News". 9 December 2023.

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