Same-sex marriage in Nepal

Same-sex marriage has been provisionally recognised in Nepal since 24 April 2024, though same-sex couples are unable to access the rights and benefits of marriage.[1] On 28 June 2023, Supreme Court Justice Til Prasad Shrestha directed the government to establish a "separate register" for "sexual minorities and non-traditional couples" and to "temporarily register them" until a final verdict by the full bench of the Supreme Court is issued.[2][3] No supporting legislation has been passed by the Federal Parliament,[4][5] and the Supreme Court has yet to deliver a final verdict on the case.[6][7][8] The Supreme Court had postponed the case more than eight times, citing "a shortage of constitutional bench judges".[9]

Despite the directive, the Kathmandu District Court denied a same-sex couple's application to marry on 13 July 2023. The couple appealed to the Patan High Court, but the court rejected the appeal on 6 October 2023.[10][11] On 29 November 2023, the couple's home Lamjung District issued them a temporary marriage certificate.[12][13][14][15][16]

On 24 April 2024, Home Affairs' National ID and Civil Registration Department issued a circular to local registration authorities, instructing them to temporarily enter same-sex marriages into a separate record.[17] In May 2025, Mukesh Kumar Keshari, director of the National ID and Registration Department confirmed that temporary certificates do not grant same-sex couples rights and benefits of marriage.[18][19] Moreover, local offices still use gendered forms on marriage certificates, forcing same-sex couples to pick 'bride' and 'groom' roles.[9][20][21][22] Same-sex couples need lawyers and the process is longer and more expensive than for opposite-sex couples. The Department of National ID and Civil Registration lacks official data on the number of same-sex marriages as these temporary registrations are not entered into the nationwide online database. As of 2025, at least seventeen marriages have been documented by local LGBTQ rights organisations, of which nine have been confirmed by local media reports.[9]

A new constitution was approved by the Constituent Assembly on 16 September 2015,[23] which includes "gender and sexual minorities" as a protected category, but does not address same-sex marriages.[24] The National Code of Nepal enacted in 2018 explicitly defines marriage as "when a man and a woman accept each other as husband and wife".[25] Some district courts and local government offices are refusing to license same-sex marriages citing the National Code.[26][27]

  1. ^ "PGP Youth: Queer Rights and Online Activism in Thailand and Nepal". engagemedia.org. Retrieved 2024-05-09.
  2. ^ "Nepal: Apex court issues interim order to "temporarily register" same-sex marriages". ANI. Kathmandu. 29 June 2023. Archived from the original on 28 June 2023. Retrieved 8 July 2023.
  3. ^ Chudy, Emily (30 June 2023). "Nepal ordered to recognise same-sex marriage by Supreme Court". PinkNews. Archived from the original on 11 July 2023. Retrieved 8 July 2023.
  4. ^ Knight, Kyle (14 December 2023). "Did Nepal Achieve Marriage Equality? Not Quite Yet". Human Rights Watch. Archived from the original on 20 June 2024. Retrieved 7 January 2024.
  5. ^ Dulal, Madhav (20 March 2023). "Supreme Court's historic decision, recognizing same-sex marriage (full text of the order and video)". Pahichan.
  6. ^ Sharma, Gopal. "Nepal registers first same-sex marriage; 'historic', say activists". Reuters. Archived from the original on 2023-11-29. Retrieved 29 November 2023.
  7. ^ "Top court orders registration of same sex marriages". kathmandupost.com. Retrieved 2023-06-29.
  8. ^ "LGBTQ+ rights in Asia: Progress and setbacks in 2023". Gay Times. 19 December 2023. Archived from the original on 24 December 2023. Retrieved 24 December 2023.
  9. ^ a b c Cite error: The named reference redtape was invoked but never defined (see the help page).
  10. ^ "Kathmandu court rejects marriage registration application of gay couple". Deccan Herald. Kathmandu. 13 July 2023. Archived from the original on 13 July 2023. Retrieved 13 July 2023.
  11. ^ "Nepal gay marriage 'victory' hits legal roadblock". BBC News. 23 August 2023. Archived from the original on 24 August 2023. Retrieved 24 August 2023.
  12. ^ "मायाको पहिचानको अर्को सफलता: समलिङ्गी तेस्रोलिंगीले प्रत्येक वडा विवाह दर्ता गर्न पाउने". April 25, 2024. Archived from the original on May 3, 2024. Retrieved May 3, 2024.
  13. ^ "LGBTQ couple in Nepal becomes the 1st to receive official same-sex marriage status". NBC News. 29 November 2023. Archived from the original on 29 November 2023. Retrieved 29 November 2023.
  14. ^ "First same-sex marriage "temporarily" registered in Nepal". ANI News. 29 November 2023. Archived from the original on 29 November 2023. Retrieved 29 November 2023.
  15. ^ Cite error: The named reference second was invoked but never defined (see the help page).
  16. ^ Cite error: The named reference Deccan was invoked but never defined (see the help page).
  17. ^ "In landmark move, Nepal's govt circular allows same-sex marriage". April 27, 2024. Archived from the original on May 3, 2024. Retrieved May 5, 2024.
  18. ^ "How court laid the ground for same-sex marriage in Nepal". kathmandupost.com. 2023-12-03. Retrieved 2024-07-06.
  19. ^ "Nepal: Same-sex couples face hurdles on road to recognition". dw.com. 2024-07-10. Retrieved 2024-07-14.
  20. ^ "Marriage Registration Certificate" (jpg). makalukhabar.com. Retrieved 2024-07-06.
  21. ^ "Marriage Registration Certificate". courtmarriagekathmandu.com. 2023-11-29. Retrieved 2024-07-27.
  22. ^ "Nepal recognises another same-sex marriage". pahichan.com. Retrieved 2024-08-23.
  23. ^ Sharma, Bhadra (2015-09-16). "Assembly in Nepal Approves New Constitution". The New York Times. ISSN 0362-4331. Archived from the original on 2019-06-30. Retrieved 2015-09-17.
  24. ^ "Nepal lawmakers approve first LGBTI protections in new constitution". Gay Star News. 2015-09-15. Archived from the original on 2019-12-13. Retrieved 2015-09-17.
  25. ^ Ghimire, Binod (3 December 2023). "How court laid the ground for same-sex marriage in Nepal". Kathmandu Post. Archived from the original on 7 January 2024. Retrieved 7 January 2024.
  26. ^ "Why are district courts not registering same-sex marriage?". The Annapurna Express. Retrieved 23 December 2024.
  27. ^ "Why are district courts not registering same-sex marriage?". pahichan.com. Retrieved 2025-01-06.

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