What a proud victory for the ‘LGBTQ+ pride’ community! Nepal has registered its first same-sex marriage after a long legal battle. Two months ago, the Supreme Court of India refused to approve same-sex marriage. The apex court said that the decision in this regard will be taken by the central government and Parliament.  On the other hand, Nepal’s Supreme Court long ago approved same-sex marriage. Similarly, this right has been included in the country’s new constitution.

There is much discussion about recognizing same-sex marriages in the minority category due to sexuality. But even though the constitution was amended, there was no law in the country to allow such marriages. So six months ago, Dordi municipality refused to register the marriage of Maya and Surendra. Finally, after overcoming the legal complications, the marriage of two people was registered, and the certificate was handed over to the couple on November 29.

The struggle of the first legally married couple in Nepal

Behind the implementation of this historic judgment by the court, there was an endless struggle between a Nepalese couple. Let us tell you from the beginning.

Maya Gurung and Surendra Pandey, Nepal’s first gay couple, got their marriage recognized by the Supreme Court.

Maya and Surendra both belong to the male gender by birth. Surendra Pandey, 27, was born as a boy. He fell in love with Maya after meeting her at a restaurant.

35-year-old bisexual woman Maya’s earlier name was recorded in the database as Ram Prasad Gurung. In her hometown of Lamjung, their marriage was registered, and Ram Prasad was renamed Maya, meaning “love.”

This couple has been living together for almost a decade. They got married in 2017 in a Hindu temple in Kathmandu.

A lack of adequate legal provisions created a barrier for them. Due to this, they could not get official recognition and were curtailing their right to access various government services. They could not even open a joint account as a couple, register their business, or purchase land as they were not given any certificates recognized and registered by the authority.

They applied this year for the legalization of that marriage with the help of local authorities and LGBTQ+ activists.

A district court in Nepal’s capital, Kathmandu District Court, refused to register their marriage on July 13 following their plea despite the Supreme Court’s order. The government changed the law on marriage on the orders of the Supreme Court (SC).

According to the report of Kathmandu Post, a single bench of Justice Til Prasad Shrestha issued an interim order to the government based on various constitutional provisions that ensure equality for every person before the law.

In response to a writ petition by rights activists and lawyers, the court issued a show-cause notice to the government demanding a written explanation on the legal instruments of same-sex marriage.

Dordi Municipality Chief Administrative Officer, Hemraj Kafle told a news agency on Wednesday, “We have issued the couple’s marriage certificate in consideration of the Supreme Court’s order.” I have sent the matter to the relevant authorities of the government for guidance.

According to the BBC, Gurung told the news channel that their registration was a “big day” not just for the couple, but all sexual minorities.”Those who are awaiting for registration and legal recognition are happy with the decision,” Surendra Pandey added.

The couples said that on the day of registration, the whole village celebrated this special day by feasting, dancing and singing.

The couple shared that their biggest dream is to adopt a child, which they will decide once their financial situation stabilizes.

Supreme Court and Same-sex marriage

Supreme Court and same-sex marriage
Incidentally, according to the National Civil Code Act 2017, marriage is a process in which a man and a woman accept each other as husband and wife. The court has given an order to bring the necessary amendments to this section under the Family Law.

The court gave this verdict based on the petition filed by Nepalese citizen Adhip Pokharal and German citizen Tobias Volz.  Incidentally, the two people got married in 2018. Volz has already applied for a visa to stay in Nepal in 2022.

Tobias applied for a non-tourist visa to stay with Adhip. The request was rejected by the Nepalese administration. Because same-sex marriage is not legal under Nepali law, After that, the two partners approached the Supreme Court. From there, the visa application was finally accepted.

Incidentally, the recent judgment of the Supreme Court of Nepal is in line with the image of Nepal. This small country has always believed in free thinking.

The LBGT+ movement started in this country in 2008. It was the first country in South Asia where the movement for LBGTQ+ people started. At that time, the movement started in favor of giving third-gender rights.

At that time, the case of the Nepalese government was going on with Sunil Babu Pant, a human rights activist and member of the Constituent Assembly of Nepal.

In 2012, Nepal’s Supreme court also allowed a same-sex couple to live together. In 2015, several changes were made to the sex and gender laws in Nepal. A part of society thinks that the change has a new dimension in today’s verdict.

On June 27, 2023, the Supreme Court issued an interim order legalizing same-sex marriage in Nepal on a writ petition filed by several individuals, including Gurung.

five months after the Supreme Court issued an interim order clearing the way for such marriages. Nepal has become second country after Taiwan to register same-sex marriage

Leading LGBTQ+ rights activist Sunil Babu Pant called the “historic” moment a victory for sexual and gender minorities.

Pandey and Gurung are now familiar faces in the LGBTQ+ community. They said that they will work for sexual minorities from now on. Nepal has also started collecting data on the LGBTQ+ since the last census in 2021. The government promised to grant citizenship to the group based on sexual orientation, but the condition is not as applicable when it comes to implementation.