Nepal Supreme Court Orders Transitional Mechanism to Register Same-Sex Marriages

The Supreme Court of Nepal has recently taken a significant step towards achieving greater equality for gender minority communities by issuing an interim order on Monday, June 28, 2023. This order directs the office of the Prime Minister and Council of Ministers of Nepal and other relevant ministries to establish a “transitional mechanism” for the registration of same-sex marriages. This order was passed in response to a Public Interest Litigation (PIL) filed on June 7, 2023, by Pinky Gurung (current president of Blue Diamond Society). The PIL had sought equality before law for the vulnerable sexual minority groups in Nepal.

To this end, the court asked the government to establish a “separate register of marriages” for such couples from gender minority communities. The order gives a practical solution to members of the sexual and gender minority communities who wish to register their marriage legally. Sunil Babu Pant, a member of Nepal’s Parliament, said, “This is a very significant development as same-sex as well as third genders and their partners can register their marriages.They will be entitled to the same rights as heterosexual couples. Parliament may take a while to pass the marriage equality law but this order gives a practical solution to members of the sexual and gender minority communities who wish to register their marriage legally.” The Supreme Court’s order is a milestone in the path to equality for gender minority communities in Nepal.

 It is an important step towards ensuring that the rights of these communities are respected and that they are able to partake in the same legal rights and privileges that are afforded to heterosexual couples. Despite this, more needs to be done to ensure that the rights of gender minority communities are recognized in the eyes of the law. This includes enacting legislation that seeks to protect these communities from discrimination, as well as ensuring access to equal opportunities in education and other areas. Furthermore, efforts must be made to create a comprehensive social support system for gender minority communities. The Supreme Court’s order is a step in the right direction and should be applauded. However, more needs to be done in order to ensure equality and inclusivity for gender minority communities in Nepal. It is time for the government to take the necessary steps to ensure that these communities are able to enjoy their rights to the fullest.