Same-sex marriage in Nepal

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Colombia
Denmark:
· Denmark proper
· Greenland
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CM, CH, CA,
· CL, GR3, JA,
· MC, MR, NA,
· PU3, QE3,
· QR, CDMX

Netherlands:
· Netherlands proper
New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· AX and DX, AC*, BAT
· GI, GG*, IM, PN
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

Same-sex marriage is not recognized or performed in Nepal. In 2011 and 2012, as the nation was undergoing a transition there was an attempt to add LGBT-inclusive language to a newly drafted Constitution. However, negotiations among political factions failed in the spring of 2012 and the implementation of the interim constitution was placed on hold until new elections were to be held.

The new constitution, approved by the Constituent Assembly on 16 September 2015,[1] includes several provisions pertaining to the rights of LGBT people, but does not address same-sex marriage.[2]

History

On November 17, 2008, Nepal’s Supreme Court ruled in favor of laws to guarantee full rights to LGBT people, and all gender minorities must be defined as “natural persons” under the law; this included the right to marry. "This is a landmark decision for the sexual minorities and we welcome it," said Sunil Babu Pant, Nepal's first publicly gay lawmaker and a leading gay rights activist in South Asia.[3] The court asked the government to form a committee to study same sex partnership laws in other countries and mandated that the new law not discriminate against sexual minorities, including cross-dressing and transgender people.[4][5]

On March 22, 2009, Pant said in an interview with the Indo-Asian News Service that "Though the court has approved of same sex marriage, the government is yet to enact a law," signaling that while a same-sex marriage bill has been ordered by the Supreme Court, it has yet to be drafted or voted on, much less legislated.[6] In June, 2009, Pant said the process has just started. “Nepal is going through transition and everything seems to move slowly. The seven-member committee has formed and just started working to study same-sex marriage bills in other countries. Hopefully they will draft the suggestion to make same-sex marriage law soon and give it to the Government to approve.” [7]

Several sources are reporting that same-sex marriage and protections for sexual minorities will be included in the new Nepalese constitution being drafted.[8][9]

Nepal currently has the Interim Constitution. The Interim Constitution provides for a Constituent Assembly, which is charged with writing Nepal's permanent constitution. The CA is now in the process of preparing its first draft. Under the terms of the Interim Constitution, the new constitution was to be promulgated by November 30, 2011,[10] but a final six month extension was granted just before this deadline bringing the date to May 31, 2012.[11]

Negotiations on the new constitution failed and the Prime Minister dissolved the Constituent Assembly on May 28, 2012 in preparations for new elections.[12][13] As a result, the future of same-sex marriage is uncertain.

Constituent Assembly elections were held on 19 November 2013.[14] The vote was repeatedly delayed,[15] having previously been planned for 22 November 2012 following the dissolution of the Constituent Assembly on 27 May 2012, but it was put off by the election commission.[16] On 10 February 2014 Sushil Koirala was elected as prime minister with a large majority, breaking the political deadlock and opening the way for the constitution to be finalised.[17]

In January 2014, Chaitanya Mishra, member of the committee formed to study international laws on same-sex marriage and prepare the report for the government on the matter, stated that the work on the report has been completed, except for a summary to be drafted by the chairman of the committee. The chairman Laxmi Raj Pathak promised to submit the report to the government within a month, but said that the cabinet is not interested in a matter. Bhumika Shrestha of Blue Diamond Society has not ruled out the possibility of another lawsuit with the Supreme Court.[18]

In August 2014, the Associated Press reported that the committee had decided to recommend the legalization of same-sex marriage.[19] The same month, Narahari Acharya, the country's Minister of Law, Justice, Constituent Assembly and Parliamentary Affairs, stated that his ministry will present the bill to allow such marriages.[20] The committee submitted its report to the government on 9 February 2015.[21][22]

In January 2016, the government official stated that the recommendations of the committee were under the consultation process within the government.[23] In February 2016, the National Human Rights Commission asked the government to introduce the bill to allow same-sex marriage.[24] In October 2016, the Ministry of Women, Children and Social Welfare has created a committee for the purpose of preparing a draft bill on the issue.[25]

See also

References

  1. ↑ Sharma, Bhadra (2015-09-16). "Assembly in Nepal Approves New Constitution". The New York Times. ISSN 0362-4331. Retrieved 2015-09-17.
  2. ↑ "Nepal lawmakers approve first LGBTI protections in new constitution - Gay Star News". 2015-09-15. Retrieved 2015-09-17.
  3. ↑ Nepal's Supreme Court OKs same-sex marriage
  4. ↑ Nepal Supreme Court orders full LGBT rights
  5. ↑ Nepal SC approves same-sex marriage
  6. ↑ Gay Nepalese MP looks towards greater acceptance of gays and lesbians
  7. ↑ Progress in new republic of Nepal
  8. ↑ Nepal charter to grant gay rights
  9. ↑ Nepal 'to stage gay weddings on Everest'
  10. ↑ Nepali interim Constitution to be amended for extension of CA term
  11. ↑ Archived May 24, 2012, at the Wayback Machine.
  12. ↑
  13. ↑ Narayan, John (2012-05-28). "Nepal enters crisis mode as constitution talks fail". Bbc.co.uk. Retrieved 2014-04-05.
  14. ↑ Nepal voting ends for new Constituent Assembly
  15. ↑ "Channel NewsAsia". Channel NewsAsia. Retrieved 2013-11-24.
  16. ↑ "Nepal fails to meet constitution deadline". Hindustan Times. Retrieved 2012-05-27.
  17. ↑ http://www.nytimes.com/2014/02/11/world/asia/nepal-ends-long-stalemate-in-picking-prime-minister.html?_r=0
  18. ↑ Report on same-sex marriage
  19. ↑ Nepal’s LGBT community parades for same-sex marriage
  20. ↑ Nepal to legalise homosexuality and same-sex marriages, says law minister
  21. ↑ Nepal panel recommends legalising same sex marriage
  22. ↑ Nepal committee calls for legalising same-sex marriage
  23. ↑ Once hailed, now failed?
  24. ↑ NHRC writes to implement report on same sex marriage
  25. ↑ All set to get legal status
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