Nepal’s journey toward the recognition of the rights of sexual and gender minorities has been shaped by a series of landmark judicial decisions. The foundation was laid by the historic Supreme Court verdict in Sunil Babu Pant and Others v. Government of Nepal (2007), which recognized the rights of lesbian, gay, bisexual, transgender, and intersex persons as fundamental human rights and directed the State to end discrimination based on sexual orientation and gender identity. This judgment established Nepal as a global leader in advancing LGBTQI+ rights.
Building on this precedent, the Supreme Court continued to affirm the rights of same-sex couples through subsequent decisions, including the interim order issued in the Pinky Gurung, Maya Gurung and Surendra Pandey plus other’s case, which directed authorities to register the marriage of a same-sex couple pending final legal determination. That order represented a significant step toward ensuring legal recognition and protection for same-sex couples in Nepal.
More recently, same-sex couples began registering marriages pursuant to these judicial developments. However, those registrations were challenged through a petition seeking to invalidate them, creating uncertainty for many couples and families.
Sunil Babu Pant welcomes the final verdict of the Larger Bench of the Supreme Court of Nepal, which dismissed the petition seeking to invalidate same-sex marriage registrations and affirmed the continued registration of such marriages. This landmark ruling marks a historic milestone for equality, dignity, and human rights in Nepal, while providing crucial legal clarity and protection for the rights of same-sex couples.
The verdict reaffirms the constitutional principles established in Sunil Babu Pant vs Nepal govt. and strengthened through later cases, including Maya Surendra’s first ever legal registration of non traditional heterosexual marriage in nepal. It confirms that gender and sexual minority couples are entitled to equal protection of the law and reinforces Nepal’s commitment to inclusion, equality, and non-discrimination.
Pant commends the courage and perseverance of the petitioners, advocates, and community members whose efforts over many years have contributed to this progress. Their work has helped advance justice and legal recognition for countless individuals and families across the country.
This final judgment provides much-needed certainty for same-sex couples who have already registered their marriages and further strengthens the legal foundation for marriage equality in Nepal. It is an important step toward ensuring that all people, regardless of sexual orientation or gender identity, are treated with equal respect and dignity under the law.
Pant hopes this landmark Larger Bench decision will continue to promote acceptance, inclusion, and equal rights for everyone in Nepal.
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