Nepal Supreme Court instructs the government to register same-sex marriage

The Nepal Supreme Court issued an interim order to the government to temporarily register same-sex marriages in the country. A single bench of Justice Til Prasad Shrestha authorized the instruction on Tuesday and has directed the government to make significant arrangements for registering same-sex marriage of couples and even the minority gender for that matter.

Seven people, along with Pinky Gurung from the Blue Diamond Society, an LGBTI rights organization have filed a writ to the Prime Minister to legalise same-sex marriage. In the order given by the court, they have also asked the government to issue a written note within 15 days, as a response.

The petitioners have revealed that they had filed the writ as the Napalese law prohibited same-sex marriage, despite a court order which allowed it 15 years ago. They have also cited clause (69) of the National Civil Code of 2017 which says every individual has a right to marry and according to clause 18 (1) of the Nepal Constitution, which states each person is equal in the eyes of the law, for demanding same-sex marriage.

Although, the supreme court has allowed such marriages for more than a decade ago, without legal provisions such implementation cannot be made. This is why, it enables the other gender to seek help from the court.