Celebrating 18 Years of Progress and Promise: Landmark Supreme Court Decision on Sexual and Gender Minority (SGM) Rights in Nepal

Celebrating 18 Years of Progress and Promise: Landmark Supreme Court Decision on Sexual and Gender Minority (SGM) Rights in Nepal

Kathmandu : Eighteen years ago, on Paush 6 2064 (December 21, 2007) , Nepal’s Supreme Court made history with its groundbreaking verdict in Sunil Babu Pant and Others v. Nepal Government. The judgment recognized sexual and gender minorities (SGM) as natural and equal citizens under the law and issued directive orders that have since shaped Nepal’s journey toward equality, dignity, and inclusion.

This landmark ruling, authored by Justice Balaram KC and Justice Pawan Ojha, directed the government to:

Recognize Third Gender Identity: Enabling SGM individuals to live authentically with legal recognition of their diverse identities.

Amend Discriminatory Laws: Calling for the repeal or reform of all legal provisions that discriminate against SGM individuals.

Legalize Same-Sex Marriage: Issuing a directive for the introduction of laws ensuring marriage equality in Nepal.

This visionary judgment has set the foundation for significant progress. Today, Nepal is hailed globally as a trailblazer in Asia for its efforts to include sexual and gender minorities in various spheres of life. From the issuance of citizenship documents with third-gender markers to ensuring representation in policymaking and advancing economic empowerment initiatives, the journey toward equality has been transformative.

However, challenges remain. While the Supreme Court’s directive on same-sex marriage has yet to be fully implemented through comprehensive legislation, the foundation laid by this ruling continues to inspire activism, advocacy, and hope for a future where all individuals, regardless of their gender identity or sexual orientation, can live freely and equally.

As we commemorate this historic milestone, we extend our heartfelt congratulations to the entire SGM community of Nepal for their resilience and contributions toward creating an inclusive society. Special thanks are due to Justice Balaram KC and to Pawan Ojha for their bold and progressive interpretation of the Constitution.

Today, we honor the achievements made possible by this decision and renew our commitment to fulfilling its vision of a just and equal Nepal. Let this anniversary serve as a reminder of the work that lies ahead and as a call to action for lawmakers, activists, and allies to continue striving for the full realization of rights for all sexual and gender minorities.

Full text of the judgment in English Translation:

https://supremecourt.gov.np/…/Sunil%20Babu%20Pant%20and…

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