Same-sex marriage in Nepal

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Legal status of
same-sex relationships
Marriage
Recognized
Previously performed and not invalidated
  1. Can be registered also in Aruba, Curaçao and Sint Maarten
  2. Licensed in some counties in Kansas but same-sex marriage is not recognized by the state
  3. Only legal in St. Louis, Missouri
  4. When performed in Mexican states that have legalized same-sex marriage

*Not yet in effect

LGBT portal

Same-sex marriage is not recognized or performed in Nepal. In 2011 and 2012, the nation was undergoing a transition and attempted to add inclusive language into 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.

History[edit]

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.[1] 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.[2][3][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 the 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]

See also[edit]

References[edit]

  1. ^ Nepal's Supreme Court OKs same-sex marriage
  2. ^ Nepal Supreme Court orders full LGBT rights
  3. ^ Nepal SC approves same-sex marriage
  4. ^ Nepal approves same-sex marriage
  5. ^ Nepal apex court okays 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. ^ [1][dead link]
  12. ^ [2][dead link]
  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

External links[edit]