The Supreme Court of Nepal issued an interim order on Wednesday, directing the Office of Prime Minister and the Council of Ministers (OPMCM) and other concerned ministries to establish a transitional mechanism ensuring the registration of marriages for the non-traditional heterosexual couples. This order recognizes the marriage rights of individuals based on their gender identity and sexual orientation, calling for necessary amendments to the provisions related to marriage and registered marriages within the current Civil Code, 2074.
Hereby, Nepal becomes first country in South Asia to legalise Same sex marriage. Similarly, Nepal is second country in Asia to do so. Taiwan is first country to legalise same sex marriage.
To facilitate the process, the court further directed the government to establish a separate register of marriages for such couples from sexual and gender minority communities. Until the law is revised, provisional measures will be implemented through appropriate mechanisms for all applicants as well as others equal to applicants (meaning any members of sexual and gender minority communities).
This significant development follows a Public Interest Litigation (PIL) filed on June 7, 2023, by Pinky Gurung (current president of Blue Diamond Society) and eight other applicants representing the LGBTQIA community. The PIL sought equal recognition and rights for same-sex couples, highlighting the need for legal reforms to ensure the protection and inclusion of all citizens.
