Nepal has recently made history by legally registering the union of same-sex couples. Official registry of same-sex marriage has created a moment of celebration and embarked on the historic step towards equality and love. Based on the interim order of the Supreme Court issued on 27th June 2023, couples were able to legally marry in their own hometown, Lamjung district. On 29th November, 2023 for the first time as same-sex couples legally swear, the nation witnessed a huge progress to inclusivity, respect, and non-discrimination for the Sexual and Gender Minorities (SGM) community. As an advocate for LGBT+ rights, it is a cheerful moment and an occasion to reflect on the progress made in Nepal while screening the continual discrimination faced by sexual and gender minority communities, not only in Asia but worldwide.

Recognition of same-sex marriage in Nepal sets a significant leap towards acknowledging the equal rights and dignity of individuals, regardless of their sexual orientation and gender identity. It remains as a proof to the unfolding cultural mentalities and the tireless efforts of activists and stakeholders who have tenaciously battled for the right to live and love freely without discrimination. Marriage is a social contract that is regulated by laws, rules, customs, beliefs which is basically guided by societal norms and values. Marriage equality not just insists on the responsibility of two people to share their lives, additionally, validates the relationships of LGBT+ couples within the frame of existing laws and policies, nurturing a society that values diversity and embraces fundamental right to love.

The constitution has guaranteed several fundamental rights to the citizens. But due to lack of awareness, education, and ignorance the disadvantaged group of people are not aware of their rights conferred by the constitution or that the rights which are infringed can be enforced by the court. Marriage equality is conferred by the fundamental law of the land considering every gender equal and equal protection by the state. Exercising the rights incorporated in constitution has conveyed a compelling signal about disintegrating the discriminatory boundary and sets a belief to embrace and acknowledge the member of LGBT+ community as dignified and prestigious citizens of the state.

Legal registration of kind of marriage denotes, our nation stand against the prejudice and biases by committing everyone despite of their sexual orientation and gender identity are treated equally with dignity and respect. While Nepal has taken a progressive leap forward, it is important to address that the legal landscape for LGBT+ individuals in Asia varies widely. In Asian perspective, some countries have made grounds in recognizing and safeguarding LGBT+ rights, while others keep on upholding discriminatory laws and practices, continuing with archaic law and condemning same-sex relationships which favors bias and prejudice. The battle for decriminalization and lawful acknowledgment is continuous, requiring collective efforts to break down unfair legitimate structures that continue injustices.

We are in the age of substantive and liberal democracy that embraces the percepts Rule of Law, Human Rights, independence of judiciary, etc. Without the protection of various aspects of Human Rights there can be no democracy. In this scenario, the progressive judiciary of the state has the role not only to decide the dispute before the court, but to uphold the rule of law and ensure access to justice to the marginalized section of the society.

In legalization and registration process of same-sex marriage court has played a vital role in empowering the SGM community. Beyond the legal recognition, it provides a sense of validation and belonging, challenging societal norms that have perpetuated discrimination which will empower the couples, positively impacting the broader LGBT+ community, encouraging self-acceptance, and inspiring others to embrace their authentic selves. However, legal recognition alone does not eradicate the deeply rooted social stigma and discrimination faced by this community. Despite the legal victories, many individuals still endure societal prejudice, exclusion, and violence. It is imperative to address and challenge the cultural and social barriers that impede the full acceptance and integration of LGBT+ individuals into society.

While celebrating this historic moment, it is important to acknowledge the challenges that lie ahead because discrimination against the SGM community is not erased within a night, and there is still work to be done in challenging societal beliefs, awareness, and advocating for comprehensive legal protections. The road ahead requires efforts to ensure that the principles of equality and non-discrimination prevails in every aspect of society regardless of their sexual and gender orientation.

Nepal’s recognition of same-sex marriage serves as a light of hope for LGBT+ rights globally and encourages other nations to rethink their scenario on LGBT+ rights, fostering a more inclusive and compassionate world. While celebrating the progress in Nepal, it is essential to view this achievement in the context of the global struggle for LGBT+ rights. Countries like Nepal serve as inspiration of hope because although the societal norms primarily may appear resistant for transformation but change is possible, in such a backdrop, the global community must continue to support and uplift LGBT+ movements worldwide.

The celebration of same-sex marriage in Nepal is a cause for joy and optimism, but it also serves as a reminder of the work that lies ahead. As a lawyer advocating for LGBT+ community, I extend my heartfelt congratulations to the newlywed couple, and remain committed to the ongoing fight for equality, justice, and acceptance for all members of the LGBT+ community, both in Asia and across the globe. Let this historic moment inspire continued efforts toward building a world where everyone, regardless of their sexual orientation or gender identity, can experience the beauty and acceptance that comes with the recognition of their love and let the world reckon love has no boundaries.

Author: Rounik Raj Aryal, Advocate
(Aryal pleaded for registering same-sex marriage in Supreme Court of Nepal on behalf of applicants.)