In another move to ensure sexual and sexual minority rights, the Supreme Court on Tuesday ordered the government to register marriages for same-sex and traditional non-heterosexual couples.
A single council of judges, Tir Prasad Shrestha, issued an injunction against the government based on various constitutional provisions that guarantee equality for all under the law. In response to written petitions from human rights activists and lawyers, the court also issued a notice seeking written clarification of legal documents on same-sex marriage.
“This is a historic verdict for our community. Hundreds of couples will benefit from it,” Pinky Gurung, president of the Blue Diamond Society, a non-governmental organisation advocating the rights of sexual and gender minorities, told the Post.
Following a preliminary hearing, the single bench concluded that same sex marriages must be registered as per Article 18 (1) and Article 69 (1) of the Constitution of Nepal which ensure the right to equality and right to get married to any individual. As per the ruling, the government must constitute an interim mechanism to register the marriage until the final verdict is issued.
The final hearing in the public interest litigation will begin once the government furnishes its answer as demanded in the show cause notice. Anurag Devkota, one of the petitioners, said though the different Supreme Court rulings in the past had opened the doors for same sex marriage, Tuesday’s ruling is vital as regards the procedural aspect of marriage registration.
In 2015, the Supreme Court issued a directive to revise or scrap all the discriminatory laws against the sexual and gender minorities and formulate law for same sex marriage after a study. Though the study report, which recommended allowing all forms of marriage, was submitted to the government in 2015, successive governments took no step to frame the law. Instead the Civil Code remained in force with all its discriminatory provisions. It acknowledges marriage as when a man and a woman accept each other as husband and wife.
“The Civil Code must be revised to include same-sex marriage,” said Devkota. “We expect the Supreme Court will issue a directive to this effect in its final verdict.” He said at least 200 couples will benefit immediately from the court’s ruling.
Rights activists say the ruling entitles rights to same sex and third gender couples equal to heterosexual marriage couples. “Parliament may take a while to pass the marriage equality law but this order gives a practical solution to members of sexual and gender minority communities who wish to register their marriage legally,” said Sunil Babu Pant, founding president of the Blue Diamond Society.
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