Nepal: Apex Court Issues Interim Order To “Temporarily Register” Same-Sex Marriages

Kathmandu [Nepal]: The Supreme Court of Nepal has issued an interim order directing the Nepal government to temporarily register marriages of same-sex couples.

The single bench of Judge Til Prasad Shrestha issued an interim order directing the authorities to make necessary arrangements to register the marriages of sexual minorities. As per the order, the marriages between the same sex should be recorded as “temporary”.

Blue Diamond Society, an organization working in the field of the LGBTQI+ community had filed a petition in the SC challenging the existing laws in Nepal terming them as obstacles to the registration of same sex-marriages.

The Blue Diamond Society also has sought an amendment to the provisions of the Civil Code 2017 concerning marriage registration. The purpose of the petition is to challenge and demand changes to the existing provisions to enable the registration of same-sex marriages.

As per the detailed order from the court, the government also has been directed to provide a written response pertaining legal framework for the registration of marriage for the same sex.

The court has given a deadline of 15 days to the government to furbish written answer.
In the order, the Supreme Court stated that clause 69 (1) of the Civil Code 2074 has stated that a person has the right to marriage and Nepal’s Constitution clause 18 (1) states equality.

In a landmark decision, the Supreme Court, a decade and a half back had allowed sexual minorities to marry but the Civil Code of the nation hasn’t approved same-sex marriage.

In the latest round of orders, the Supreme Court has further ordered the government to provide a written response regarding the legal framework pertaining to the registration of marriages for same-sex couples.

The Apex Court’s order has come in the LGBT Pride Month of June 2023, dedicated to the celebration and commemoration of lesbian, gay, bisexual, and transgender pride.