SC issues interim order to govt to facilitate temporary registration of same-sex marriages

Published On: June 29, 2023 12:00 PM NPT By: Republica | @RepublicaNepal

KATHMANDU, June 29: The Supreme Court (SC) has issued an interim order to the government, directing it to facilitate the temporary registration of the same-sex marriages.

A single bench of Justice Til Prasad Shrestha on Tuesday directed the government to make necessary arrangements to record such marriages on temporary basis upon request from such couples.

The Blue Diamond Society, represented by seven people including President Pinky Gurung, had filed a petition at the apex court, arguing that the existing laws in Nepal hinder the registration of same-sex marriages. The petition was directed against the Office of the Prime Minister and the Council of Ministers, seeking an amendment to the provisions of the Civil Code, 2074 BS concerning marriage registration.

Citing Section 69 (1) of the Civil Code of 2074 BS, which guarantees every individual the freedom to marry and Article 18 (1) of the Constitution of Nepal, 2015, which guarantees equality to all citizens in the country, the SC emphasized the importance of ensuring equal rights to same-sex couples.

Additionally, the apex court has sought a written response from the government regarding the legal arrangements for the registration of marriages within the same-sex and third-gender community. The apex court had earlier paved the way for same-sex marriages to consenting adults.

However, the Civil Code currently does not officially recognize such unions. “If any man and woman accept each other as husband and wife through any celebration, ceremony, ceremony or any other acts, it will be considered as marriage,” states the Civil Code provision on marriage.

The SC had paved the way for the same sex marriage for the first time in 2046 BS. The court ruling then also mandated the formation of a committee to study the social and cultural impacts of such unions in society.

A committee formed subsequently under the leadership of the health secretary recommended to the government to ensure legal recognition of same-sex marriages. The same-sex and transgender community later pursued a legal battle after the government failed to enact the legislation as recommended by the Health Secretary-led panel.