First same-sex marriage "temporarily" registered in Nepal

KATHMANDU: A local body in Nepal has officially registered the nation's first same-sex marriage, making the country the second in Asia to give recognition to same-sex couples.

Following the interim order from the Supreme Court issued on June 28, 2023, the Dordi Village Council in Lamjung District of Nepal officially recorded the marriage between Surendra Pandey and Ram Bahadur Gurung aka Maya Gurung on Wednesday.

"As per the orders from the Supreme Court, this marriage has been recorded temporarily," reads a comment on the marriage certificate issued on the name Surendra Pandey and Ram Bahadur Gurung aka Maya Gurung.

Surendra Pandey and Ram Bahadur Gurung, the same sex couples who earlier had tried to register their marriage at the Kathmandu District Court were sent back denying registration despite the order from Supreme Court. Saddened by the denial from the District Court, the same-sex couple continued their fight to get recognition.

The same sex couple went to the National Identity Card and Registration Department who further directed for the registration of the marriage.

"Supreme Court's verdict had really increased hope amongst people of our community but the later verdict eroded the expectations of those waiting to get married. But our hope hasn't really faded, we have been redirected to high-court from the district court. We have been following the court for a month hoping we will be served justice," Surendra had earlier told ANI in August while he paraded in capital Kathmandu alongside bride Ram Bahadur Gurung.

"Those couples who want to get legally married despite being LGBTQIA+ need not face hurdles. This is not only for us but for others who want to take same step in future," Ram Bahadur Gurung also known as Maya Gurung had earlier told ANI on August this year. But on Wednesday, the same-sex couple became the first same-sex married couple to have their marriage officially recorded.

On June, a single bench of judge Til Prasad Shrestha issued an interim order directing the authorities to make necessary arrangements to register the marriages of sexual minorities.

In the order, the Supreme Court stated the clause 69 (1) of the Civil Code 2074 states that a person has right of marriage and Nepal's Constitution clause 18 (1) states equality. In a landmark decision, the Supreme Court a decade and half back had allowed sexual minorities to marry but the Civil Code of the nation hasn't approved the same sex marriage.

In the latest round of order, the Supreme Court has further ordered the government to provide a written response regarding the legal framework pertaining to the registration of marriages for the same sex.

The Himalayan nation buffered between two giants China and India has progressive legal provisions regarding sexual minorities than any other countries in the region. With a progressive constitution to grant rights and recognition to sexual minorities, Nepal, since the last census of 2021, has started collecting data on LGBTQI+ as well.

Though the newly promulgated constitution of Nepal in September of 2015 has special provisions for sexual minorities, the group has been demanding for complete its implementation. The government had promised to provide the group with citizenship on the basis of sexual orientation but the condition isn't that favourable when it goes into implementation.

The minorities have been voicing for same-sex marriage, which they claim would give them a chance to live the life of heterosexuals.

As per the latest census of 2021, there are a total of 2, 928 people who identified themselves as "others" in terms of gender or sexual orientation. The census of 2021 also set the mark as the first census of the nation to start recording the population of sexual minorities.