LGBTQ rights in Nepal

[7] On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities".

[10][11] Prior to March 2023, and based on a ruling of the Supreme Court of Nepal in late 2007, the government was considering the legalization of same-sex marriage.

[14] The Nepalese Constitution, approved by the Constituent Assembly on 16 September 2015,[15] includes several provisions pertaining to the rights of LGBT people.

[14] These are the right to acquire a citizenship certificate in accordance to one's gender identity,[16] a prohibition on discrimination on any ground including sex by the State and by private parties.

[19] According to a 2021 study, LGBTQ individuals in Nepal face severe discrimination, social isolation, and human rights violations.

Though the new Criminal Codes Act (2008) which replaced the Muluki Ain appears to continue to criminalise “unnatural sex”, it should be read in light of this case.

[35] On 13 July 2023, the Kathmandu District Court rejected a marriage registration application filed by a Nepali couple despite the historic order by a single judge bench of Justice Til Prasad Shrestha.

"The court’s action is not only a blow to the sexual minority community, but it also dishonoured the Til Prasad Shrestha’s order, said Sunil Babu Panta, a leading third gender activist.

[43] In April 2007, a coalition of organizations representing LGBTI Nepalis filed a writ petition under Article 107 (2) of the Interim Constitution of Nepal.

[44][45] Based on the Yogyakarta Principles and the Special Procedures of the UN Human Rights Council, the court concluded that sexual orientation is to be defined by one's self-identification and a natural process rather than a result of "mental, emotional or psychological disorder".

[49][51] On 31 October 2021 twenty nine LGBT and intersex rights organizations, two federations, five loose networks and others have collectively proposed an Act regarding Gender Identity, 2021.

[52][53] Queer Youth Group, an LGBT rights organization, has filed several writ petitions at the Supreme Court of Nepal demanding legal recognition of gender identity.

Although metis (मेटी) have traditionally had important roles at weddings or at the birth of a child to ward off evil spirits, they now regularly face discrimination in education, health, housing, and employment.

[61] Among the Gurung people, there is a tradition of men dancing in female clothing, called maarunis, typically at barracks or at royal palaces, and are believed to bring good luck.

[63] In 2012, the Home Ministry issued a directive stating that people who identify as lesbian, gay, bisexual, transgender, and intersex would be classified as “other” in their legal documents.

[75][76] According to Human Rights Watch only a tiny number of Nepali transgender people have been able to change their gender on official documents after undergoing medical exams - ones that included doctors touching their genitals to prove they had surgery.

[77] On 31 July 2024, the Supreme Court of Nepal ruled that Rukshana Ali should be legally recognized on all official documents as a woman without her needing to submit to medical verification.

[52] A case filed at National Human Rights Commission on 22 November 2020 complaint number 654 also demands for a non-binary option to be added.

[58] It was recognized as the world's first national census to list a category other than male or female, it allowed for the government to gain data on the number of "third gender" identifying Nepalis.

[91] In 2007, two female soldiers were accused of having a relationship and were discharged,[92] but the army claimed that the women were dismissed for "failing to maintain minimum discipline" not based on sexual orientation.

[96] The section "Fundamental Rights and Duties" reads in part: Nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of socially and culturally disadvantaged women, Dalits, indigenous peoples, tribes, Madhesi, Tharu, Muslim, ethnic minorities, backward classes, minorities, marginalized, farmers, workers, youth, children, senior citizens, gender and sexual minorities, handicapped persons, pregnant persons, disabled or helpless, people of backward regions and economically disadvantaged citizens.

[100] However, human rights organizations like the Blue Diamond Society, established in 2001, seek to represent LGBT people in Nepal politically and provide assistance with sexual health in the community.

Reasons for gender-based violence are largely attributed to social taboos and superstitions and deeply entrenched beliefs that propagate derogatory attitudes towards sexual and gender minorities.

Violence also stems from law enforcement such as the police force, as many LGBT individuals report severe beatings, body searches and undue detainment.

[100] Likewise, results derived from INSEC's monitoring of the situation indicated that subjugating women to domestic violence was considered a deep-rooted traditional practice.

Complaints by transgender rights activists are directed towards the lackadaisical efforts of the law enforcement agencies in which disputes are settled without any charges pressed against the perpetrators.

However, many LGBT children still face discrimination and are unable to complete their education due to "threats, bullying, and neglect from fellow students and teachers alike.

[109][110] On 30 October 2024, Aamul Paribartan Nagarik Party held a protest rally in Maitighar opposing homosexuality and LGBTQ rights.

[121][122] Singha Durbar, a 2016 fictional television series by Tsering Rhitar Sherpa about first female prime minister featured a gay character, Bishwa Bishwokarma, press secretary to the PM played by Praween Khatiwada.

Gurung has designed for popular media icons and personalities such as Michelle Obama, Catherine, Duchess of Cambridge, Oprah Winfrey.

Public opinion of same-sex marriage. Fraction in favor: [ 98 ]
Pride festival in Nepal in 2013