Supreme Court issues interim order to ensure transitional mechanism to ensure marriage registration of same-sex couples

KATHMANDU, June 29: The Supreme Court of Nepal issued an interim order on Wednesday, directing the Office of Prime Minister and the Council of Ministers (OPMCM) and other concerned ministries to establish a transitional mechanism ensuring the registration of marriages for the non-traditional heterosexual couples. This 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 the 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 mechanisms 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 Society) and eight other applicants representing the LGBTQIA 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 a directive order to amend or scrap all discriminatory laws and to pass same-sex marriage law based upon a report from a study committee. The committee submitted a report 8 years ago recommending full marriage. 

Justice Til Prasad Shrestha, presiding over a single bench, issued the interim order on June 28, 2023 (Ashad 12, 2080). The court has also requested a written response from the respondents regarding this matter.

A legal team, including senior advocate Kedar Dahal and Advocates Prem Chandra Rai, Anurag Devkota, Rounik Aryal, and Pukar Dahal, presented the case on behalf of the petitioners during the preliminary hearing before the Supreme Court.