Nepal has added one more benchmark to the growing ambit of queer rights for its citizens. On Wednesday, the country’s Supreme Court issued an interim order to allow for temporary registration of marriages for same-sex and non-traditional couples. Since 2007, Nepal has adopted quite a few changes to its treatment of queer citizens which puts it as one of the most progressive nations in South Asia when it comes to rights for the queer community. Nepal is also notably one of few Member States in Asia to become a part of the UN LGBTIQ Core Group. As crucial first steps towards the betterment of queer community, this calls for celebrations yet also warrants criticism as the law needs a long way to go.
Sunil Babu Pant, a queer rights activist and also the first openly gay federal level office in Asia said about the decision, “At a personal level, for those who are living together it is a huge victory. Practically, they can register their marriage and their rights can be immediately exercised.” The move has been applauded at the international level with people also talking about Nepal becoming a safe and popular destination for LGBTQIA+ tourism, owing to its history, growing progression towards the queer community, and the trekking and mountaineering opportunities it’s providing.
Earlier, Nepal has recognized “third gender,” dropped laws that discriminate against gender and sexual minorities, and its constitution prohibits discrimination on the grounds of sexual orientation. It was in 2007, in Sunil Babu Pant and Others v. Nepal Government, that the government acknowledged that queer citizens deserve the same rights as the cisgender heterosexual citizens. As per the IGLA Asia report on Nepal, the ruling also called the legislative branch to scrap all discriminatory laws based on SOGIESC, to recognize a third gender category, and to establish a committee to explore the legalization of same-sex marriage.
Given that the decision regarding the validity of same-sex marriage and the further expansion to marriage equality in India is widely awaited, both the Judiciary and people in opposition should learn from Nepal about ways for provision of equal rights and opportunities to the queer citizens.
IGLA Asia’s New Horizon: Possibilities for breakthroughs in Nepal albeit increasing cooptation of the LGBTIQ grassroots movement can be read here to learn more about the status and discourse of queer rights in the South Asiaa\n Nation.
