First-ever in South Asia: Same-sex marriage is officially registered in Nepal
Discrimination on the basis of sexual orientation is expressly prohibited by Nepal's 2015 Constitution.
Nepal becomes the first nation in South Asia to legally register the first same-sex marriage case on Wednesday, five months after the Supreme Court legalized it.
The president of the Blue Diamond Society, which advocates for the rights and welfare of sexual minorities in Nepal, Sanjib Gurung (Pinky) reports that transgender woman Maya Gurung, 35, and Surendra Pandey, 27, are legally married. Their marriage was registered at the Dordi Rural Municipality of Lamjung district in Western Nepal.
The Supreme Court of Nepal permitted same-sex unions back in 2007. In fact, discrimination on the basis of sexual orientation is expressly prohibited by Nepal’s 2015 Constitution.
In response to a writ petition submitted by a number of parties, including Gurung, the Supreme Court of Nepal issued an interim decision on June 27, 2023, legalizing same-sex marriage. The Kathmandu District Court, however, dismissed the attempt to temporarily register same-sex marriages four months ago, claiming a lack of relevant statutes, notwithstanding the historic judgment.
At that time, Surendra Pandey and Maya’s marriage application was turned down.
“It’s a great pleasure to learn about this, it is a great achievement for us, the third gender community of Nepal,” Pinky said to PTI. “This is the first case not only but also in the whole of South Asia, and we welcome the decision.”
Surendra, a native of Nawalparasi district, and Maya, a resident of Lamjung district, were married in the customary way and have been living together as husband and wife for the past six years with the blessing of their families.
“There are many third-gender couples living without their identities and rights and this is going to help them a lot,” Pinky stated, noting that the law has now made it possible for other members of this group to legally marry.
“Now their marriage has been temporarily registered and after the formulation of necessary laws, it will get permanent recognition automatically.”
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