Supreme Court of Nepal directs govt to allow registration of same-sex marriages

The Supreme Court of Nepal has issued an interim order to the government, instructing it to temporarily allow the registration of same-sex marriages. The court order, issued by Justice Til Prasad Shrestha, requires the government to make the necessary arrangements for registering marriages of couples from sexual and gender minority groups if they wish to do so.

Legalisation demanded of same-sex marriage

The decision came after seven individuals, including activist Pinky Gurung representing the Blue Diamond Society (BDS), an organisation advocating for LGBTI rights, filed a writ to the Prime Minister and the Office of the Council of Ministers, urging the legalisation of same-sex marriage.

In addition to ordering the government to enable registration, the Supreme Court has given the opponents of same-sex marriage 15 days to provide a written reply on the matter.

Same-sex marriage and Nepal's constitution

The petitioners argue that despite a Supreme Court ruling 15 years ago that allowed same-sex marriages, the Nepalese law has obstructed the implementation of such marriages. They base their argument on Clause 69 (1) of the National Civil Code 2017, which guarantees the freedom to marry for all individuals, and Clause 18 (1) of the Nepalese Constitution 2015, which states that all citizens are equal under the law. They are demanding the legalisation of same-sex marriage based on these constitutional provisions.

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Pinky Gurung of the BDS stated that following the court's order, same-sex marriages can now be registered until specific laws are formulated to officially recognise these unions. She emphasised that although the Supreme Court had previously allowed same-sex marriage through an order 15 years ago, the absence of specific legislation had prevented its implementation, thereby forcing individuals from the third-gender community to seek legal recourse.

Same-sex marriage in India

The issue of same-sex marriage is a burning one in India too, where the Supreme Court has reserved its verdict on the legalisation after a hearing that lasted 10 days. According to petitioners who favour legalisation, the official recognition of marriage will give them certain rights and privileges that they can't avail otherwise. 

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The Delhi Commission for Protection of Child Rights (DCPCR) has also advocated for same-sex marriage legalisation in the country. However, the Central government, the national child rights body NCPCR, and a body of Islamic scholars called the Jamiat-Ulama-i-Hind continue to oppose the proposals.