Nepal SC seeks transitional mechanism for marriage registration of same sex

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The Supreme Court of Nepal issued an interim order on Wednesday, directing the Office of the Prime Minister and Council of Ministers (OPMCM) and other concerned ministries to establish a transitional mechanism ensuring the registration of marriages for traditional non-heterosexual couples. This landmark 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.

To facilitate this 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 mechanism 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 Societ) and eight other applicants representing the LGBTIQA 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. As more than 15 years ago, supreme Court issued directive order to amend or scrap all discriminatory laws and to pass same sex marriage law based upon a report from a study committee.

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