Same-sex marriage is finally to be legalised by order of the Supreme Court in Nepal. This landmark decision makes Nepal the first country in South Asia to permit same-sex marriage.
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.
Most progressive country in South Asia
Nepal is considered to be the most progressive country in South Asia when it comes to LGBTQ+ rights. These legal developments and court rulings reflect Nepal’s commitment to advancing LGBTQ+ rights and creating a more inclusive society for all its citizens.
However, the government is still lagging behind and is slow to implement the changes sought by the progressive decisions of the courts. Sixteen years have passed since the Supreme Court instructed a government committee to study the issue of recognizing same-sex relationships, and eight years have passed since the committee encouraged the government to do so thoroughly and significantly. The recent judgment thus urges the government to implement past court orders recognizing same-sex relationships.
Sources: The Diplomat