The Supreme Court of Nepal on Wednesday, 28 June, issued an interim order directing the the Office of the Prime Minister and Council of Ministers to set up a temporary mechanism for the registration of marriage of same-sex and gender minority couples in the country.
The ruling by a single bench of Justice Til Prasad Shrestha was in response to a PIL filed by LGBTQIA+ rights activists and lawyers, seeking equal rights for same-sex couples.
After a preliminary hearing, Justice Shrestha's bench concluded that same-sex marriages must be officially registered in accordance with Article 18(1) and Article 69(1) of the Constitution of Nepal, which uphold the right to equality and the right to marry any individual, respectively.
As per the interim order, the government must establish a temporary mechanism to facilitate the registration of same-sex marriages until a final verdict is delivered. It further ordered the government to establish a separate register of marriages for sexual and gender minority couples.
The bench, in a show cause notice, also directed the government to furnish a written response regarding the legal instruments pertaining to same-sex marriage in the country within 15 days.
The final hearing will commence once the government provides its response.
Previous Supreme Court Ruling
It is important to note that in 2015, the Supreme Court of Nepal issued a directive calling for the revision or elimination of all discriminatory laws against sexual and gender minorities.
The court, in fact, mandated the formulation of a law for same-sex marriage. However, successive administrations failed to take any action in enacting the law.
Consequently, the Civil Code continued to remain in effect in Nepal, which carry several provisions that activists and lawyers have called "discriminatory" – as it defines marriage as the union between a man and a woman.
'Historic Verdict'
One of the petitioners in the ongoing case, Pinky Gurung, who is also the president of rights NGO Blue Diamond Society, told Kathmandu Post, "This is a historic verdict for our community. Hundreds of couples will benefit from it."
Anurag Devkota, another petitioner, said though the Supreme Court had ruled in favour of same-sex marriages in the past, the recent order is important with respect to the procedural aspect of marriage registration, as per Kathmandu Post.
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