Druti Banerjee, Pune
As the first country in South Asia to legalise same-sex unions, Nepal has made history by joining the small but growing number of Asia-Pacific nations that have recognised this fundamental human right.
It is a big step towards inclusivity and equality that the Supreme Court of Nepal ordered the Nepali government to formally recognise same-sex marriage in a landmark interim ruling announced on Friday. The National Civil (Code) Act of 2017 (2074) provision must be significantly changed, as highlighted by Justice Til Prasad Shrestha’s decision.
The judge ordered Nepal’s government to create a separate record of marriages for same-sex couples, who attorneys claim will have the same rights as heterosexual partners, in an interim judgement on June 28.
The court also ordered anyone who disagreed with its historic ruling to file an appeal within two weeks.
In South Asia, where Bangladesh, Bhutan, India, Pakistan, Sri Lanka, and the Maldives have all rejected same-sex civil unions, Nepal is now the first country to allow same-sex marriages. In the remainder of Asia, only Taiwan has legalised same-sex marriage.
Despite the fact that the Supreme Court had allowed same-sex marriage in an order fifteen years before, the provision could not be implemented owing to a lack of a specific statute, forcing third-gender persons to launch a case. Now, finally, the law is in place to help Nepal break barriers and give a ray of hope to its neighboring countries.