| Location Header: | Nepal |
| Legal Status: | Legal since 2007 |
| Gender Identity Expression: | Third gender recognised |
| Recognition Of Relationships: | Same-sex marriage since 2024[1] [2] |
| Adoption: | No |
| Military: | LGBT people allowed to serve openly[3] |
| Discrimination Protections: | Limited protections[4] |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature.[5] [6] Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.[7]
On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict.[8] [9] The first "same-sex" marriage of a trans woman and a cisgender man occurred in November 2023.
On 24 April 2024, the National ID and Civil Registration Department issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into the separate register. The temporary registration does not grant same-sex couples the same legal rights and recognition as opposite-sex couples. Same-sex couples cannot inherit property, receive tax subsidies, make spousal medical decisions or adopt children, among others. It is not known if all local governments are complying with the instruction of the National ID and Civil Registration Department.[10] [11]
Prior to March 2023, and based on a ruling of the Supreme Court of Nepal in late 2007, the government was considering the legalization of same-sex marriage. According to several sources, the Constitution of 2015 was expected to include it.[12] [13] Although the Constitution explicitly says that "marginalized" communities are to be granted equal rights under the law, and that Nepal's LGBT people fall into this category, it does not explicitly address the right of same-sex marriage.
The Nepalese Constitution, approved by the Constituent Assembly on 16 September 2015,[14] includes several provisions pertaining to the rights of LGBT people.[15] These are the right to acquire a citizenship certificate in accordance to one's gender identity,[16] a prohibition on discrimination on any ground including sex by the State and by private parties.[17]
Despite some laws and provisions protecting third gender people, LGBT people still face societal discrimination in Nepal and there is significant pressure to conform and to marry a partner of the opposite sex.[18] Some observers accused the media and activists of pinkwashing and spreading disinformation about same-sex marriage and LGBT rights in Nepal.[19]
The term LGBTI is increasingly used in Nepal, rather than just LGBT, with the I denoting intersex people. The term "gender and sexual minorities" (Nepali: लैङ्गिक तथा यौनिक अल्पसङ्ख्यक) is used in the Constitution of Nepal.[20] Among young Nepalis, the terms "queer" (Q) and "MOGAI" (Marginalized Orientations, Gender Identities, and Intersex) are also used.[21] Certain activists have also coined an acronym PoMSOGIESC, standing for "people of marginalized sexual orientation, gender identity & sex characteristics", to encompass a larger spectrum of identities beyond the LGBT terminology.[22]
LGBTQI+ terminology exists alongside indigenous terminologies for identifying sexual and gender minorities. This vocabulary includes terms like meti, fulumulu, and kothi, among many others.[23] While academic sources tend to favor Western, LGBTQI+ terminologies over indigenous ones,[24] many individuals prefer indigenous terms.[25]
Before the transition from the Kingdom of Nepal to the Federal Democratic Republic of Nepal in 2007, private homosexual relations between consenting adults was a crime.[26] Article 1 of Chapter 16 of the National Code (1963), locally referred to as "Muluki Ain", criminalises “unnatural sexual intercourse”. Among others, cross-dressing was also illegal under various laws against public immorality.[27] In 2007, the Supreme Court of Nepal ruled that same-sex sexual intercourse was not to be construed as “unnatural”. Though the new Criminal Codes Act (2008) which replaced the Muluki Ain appears to continue to criminalise “unnatural sex”, it should be read in light of this case.[28]
One of the first cases to determine the shift in legislation regarding LGBTI rights in Nepal was the 2007 Supreme Court case Sunil Babu Pant and Others v. Nepal Government.[37] After their participation in demonstrations that brought down the monarchy, LGBT rights groups, found themselves largely ignored by the current political establishment, and turned to the judiciary as a more effective way to secure their rights.[38]
.The petition, filed by the Blue Diamond Society, Mitini Nepal, Cruse AIDS Nepal and Parichaya Nepal, expressed "dissenting view with the prevalent societal structures or norms as well as legal provisions adopted by the state based on the interest of majority people". The petition asked that Nepal officially recognize "transgender individuals as a third gender, prohibit any discriminatory laws on the basis of sexual orientation and gender identity, and invest due finances for reparations by the State to victims of State violence and discrimination".
On 21 December 2007, the Supreme Court ruled that the new democratic government must create laws to protect LGBTI rights and change existing laws that are tantamount to discrimination.[40] [41] Based on the Yogyakarta Principles and the Special Procedures of the UN Human Rights Council, the court concluded that sexual orientation is to be defined by one's self-identification and a natural process rather than a result of "mental, emotional or psychological disorder". While not explicitly legalizing same-sex marriage, the ruling instructed the government to form a committee to look into "decriminalizing and de-stigmatizing same-sex marriage".[42]
A bill to legalize same-sex marriage was drafted and was supposed to be introduced by 2010.[43] In the drafting of the new Nepalese Constitution, same-sex marriage and protection for sexual minorities were supposed to be established. However, negotiations on the new Constitution failed and Prime Minister Baburam Bhattarai dissolved the Constituent Assembly on 28 May 2012 in preparation for new elections.[44] As a result, the future of explicitly addressing the legality of same-sex marriage was uncertain. Ultimately, the Constitution was adopted in 2015 but does not address same-sex marriage.
As of 2019, a bill to legalise same-sex marriage was being drafted and prepared by the government,[45] though LGBT activists have accused it of being "lukewarm" in its support. In August 2018, former Prime Minister Baburam Bhattarai urged to legalise same-sex marriage.[46]
The new Nepali Civil Code, which came into effect in August 2018, does not address same-sex marriage and specifically defines marriage as being between partners of the opposite sex. Activists have called out the Civil Code as unconstitutional and contrary to Supreme Court guidelines.[47]
On 31 October 2021 twenty nine LGBT and intersex rights organizations, two federations, five loose networks and others have collectively proposed an Act regarding Gender Identity, 2021.[48] [49] Queer Youth Group, an LGBT rights organization, has filed several writ petitions at the Supreme Court of Nepal demanding legal recognition of gender identity.[50] On 2022 March 29, the group proposed A Directive on Gender Recognition for Intersex People,[51] A Directive on Gender Recognition for transgender men and transgender women[52] and A Directive on Gender Recognition for Non-Binary and Third Gender People,[53] proposed to be promulgated by the Supreme Court.
The Supreme Court has dictated that the category "other" or anya (Nepali: अन्य), representing non-cisgender identities be added to all official documents and Nepalis identifying as such be given citizenship documents to reflect their new status. The government has started issuing citizenship with an "other" ("O") option to transgender people on a rolling basis. This allows for "third gender" identifying individuals to open bank accounts, own property and register for universities. In 2008, Bishnu Adhikari became the first Nepali citizen to officially register under the "third gender" category, with Badri Pun being the second. Other legal accomplishments include allowing citizens to register to vote as "third gender". In 2015, Monica Shahi became the first person to gain a passport with the "other" gender category,[54] and Bhumika Shrestha became the first transgender woman to travel aboard with a passport that identified her as an "other" gender.
Nepal, similarly to India, Bangladesh and Pakistan, has an indigenous third gender community, considered by society as neither male or female. Such individuals, known as metis, are assigned male at birth but commonly act, dress and behave as female. Although metis (मेटी) have traditionally had important roles at weddings or at the birth of a child to ward off evil spirits, they now regularly face discrimination in education, health, housing, and employment. They are often referred to as transgender in English language publications. The term fulumulu (फुलुमुलु) is used in eastern Nepal.[55] However, a publication of 2021 has challenged the existence of the term, and said it rather is pholo-molo.[56] Among the Gurung people, there is a tradition of men dancing in female clothing, called maarunis, typically at barracks or at royal palaces, and are believed to bring good luck.[57]
In 2007, the Supreme Court legally established a gender category called "other".[58] The Nepali Supreme Court stated that the criteria for identifying one's gender is based on the individual's self-identification.[59]
In 2012, the Home Ministry issued a directive stating that people who identify as lesbian, gay, bisexual, transgender, and intersex would be classified as “other” in their legal documents. Some observers stated that the use of "others" to denote LGBT people by the state is demeaning and discriminatory. By using such alienating language, the Nepali government reinforces heteronormativity and implies that those who are non-heterosexual are the "other".[60]
The Supreme Court's decision to implement a "third gender" may have stemmed from the long-held contemporary acknowledgment of gender variant peoples, known as metis as well as the religious traditions revering non-gender conforming characters.[61]
In 2019, there were discussions in Parliament to require applicants to undergo sex changes in order to apply for an "O" sex descriptor.[62]
Nepalese law only allows gender markers to be changed from "M" (male) or "F" (female) to "O". There are no provisions allowing transgender women to have an "F" marker or transgender men having an "M" marker. Certain activists and young LGBTI Nepalis have criticized what they call a "gender trinary", instead advocating for complete self-determination.[63] In 2019, LGBT activist Rukshana Kapali took an open stand against labeling herself as "third gender",[64] having taken legal steps to amend her gender identity to "female". As of 2021, a writ petition was filed at the Supreme Court of Nepal demanding amendment of her gender as female.[65] Similarly, Nepali media was called out for forcefully using the term 'third gender' to describe trans men and trans women.[66]
On 31 March 2020, the International Transgender Day of Visibility Queer Youth Group and Trans Rights Collective published National Transgender Demand Sheet demanding that trans people should be able to choose the gender of their choice when completing documents and forms.[67] [68]
On 2022 February 21, the Supreme Court of Nepal issued an order to Election Commission in the writ petition of Rukshana Kapali V. Election Commission et al. stating that a transgender woman's gender identity is woman, not third gender.[69] This is the first instance of transgender people being legally recognized in the binary spectrum.[70] Consequently, on 2022 February 27 and March 15, the Supreme Court ordered to issue COVID-19 vaccination certificate and passport to her with a female gender marker.[71] [72]
According to Human Rights Watch only a tiny number of Nepali transgender people have been able to change their gender on official documents after undergoing medical exams - ones that included doctors touching their genitals to prove they had surgery.[73]
On 31 July 2024, the Supreme Court of Nepal ruled that Rukshana Ali should be legally recognized on all official documents as a woman without her needing to submit to medical verification. The executive order only applies to Ali so far, while other transgender people would have to petition courts to be legally recognized.[74]
Nepali activists identify two distinct groups, i.e. third gender and non-binary, beyond the man and woman genders. This is due to the recent development of critiques on third gender, to be a discriminatory word. In 2020, the National Charter of Demands on Legal Recognition of Gender Identity laid forth the option 'non-binary' should be available distinct from 'third gender'.[75] The proposed Gender Identity Act, 2021 also suggests for non-binary and third gender as two different options. A case filed at National Human Rights Commission on 22 November 2020 complaint number 654 also demands for a non-binary option to be added.[76]
See also: Intersex rights in Nepal. The rights situation of intersex people in Nepal[77] is unclear. Local activists have identified human rights violations, including significant gaps in protection of rights to physical integrity and bodily autonomy, and protection from discrimination.
See main article: Census in Nepal. It was reported that Central Bureau of Statistics officially recognized a "third gender" option, in addition to male and female, in the census of 2011. It was recognized as the world's first national census to list a category other than male or female, it allowed for the government to gain data on the number of "third gender" identifying Nepalis. The census enumeration of third gender experienced many barriers and challenges. Some reported that census enumerators demanded a child to be stripped on their parents lisiting them as 'third gender'.[78] However, no data of third gender were published by the bureau.[79]
Media reported that 2021 census of Nepal shall include LGBTI people.[80] The LGBT and Intersex community of Nepal raised concerns over enumeration of LGBTI as a third gender. Rights group argued that sexual orientation, gender identity and sex characteristics were being clumped into one.[81] [82] Various campaigns were conducted for LGBTI inclusion in census.[83] Civil societies promulgated Charter of Demands on ‘Other gender’ provision in National Census 2078 (2021) condemning what they call 'tokenistic inclusion'.[84]
On 4 July 2021, a writ petition was filed against Central Bureau of Statistics et al. regarding 'tokenistic inclusion' in the census and demanding for a meaningful inclusion, that addresses diversity of Sexual Orientation, Gender Identity and Sex Characteristics.[85] [86] The Supreme Court of Nepal issued a show cause order on 9 July 2021.[87]
In 2007, two female soldiers were accused of having a relationship and were discharged,[88] but the army claimed that the women were dismissed for "failing to maintain minimum discipline" not based on sexual orientation. The UNDP reports that gays, lesbians and bisexuals can serve openly in the Nepali Army.[89] Nepal military law does not explicitly forbid LGBT people from serving.[90]
Nevertheless, LGBT groups report that discrimination and harassment still occur.[91]
Several articles mentioning LGBTI rights in the country's new Constitution were approved by Parliament after lengthy deliberation. The Constitution went into effect on 20 September 2015.[92] The section "Fundamental Rights and Duties" reads in part:
Opinion polls on LGBT rights and same-sex marriage have never been conducted in Nepal. Ignorance about homosexuality is common and gay people are often confused with hijra that belong to the lowest caste of social hierarchy.
A Gallup poll in June 2024 nominated Nepal as "one of the most gay-friendly" countries in the world. 87% of surveyed Nepalese allegedly assessed that their country was a "good place to live for gay people", 10% disagreed, surpassing countries such as Bangladesh (where 73% thought so) and India (where 43% thought so).[93]
While the Nepalese political landscape has rapidly changed in the past decade, much of the progressive legislation has not been implemented at the community level. Traditional Nepalese gender roles stem from rigid ideals based on biological sex that ostracize anyone failing to conform. These norms may stigmatize any LGBT Nepalis who choose to operate outside of the gender roles, but affect LGBT women in particular, as women, more than men, are expected to conform to societal expectations.[94]
However, human rights organizations like the Blue Diamond Society, established in 2001, seek to represent LGBT people in Nepal politically and provide assistance with sexual health in the community. A drop-in centre with free HIV testing exists in Kathmandu along with more than 50 different branches of the organization across the country. Other organizations such as Mitini Nepal, Parichaya Samaj and Sahaayam Nepal also exist to provide resources for LGBT Nepalis. The media and public have also become more sympathetic to LGBT rights since homophobic acts and crimes against members of the Blue Diamond Society became public, and after they started their radio program called Pahichan, a program that discusses sexual and gender minority rights. Nepal Pride is an annual LGBT event held in Kathmandu. It was first held in 2001 and was attended by 49 people, most of whom wore masks to avoid being recognized. In recent years, the event has attracted about 1,500 people.[95] It purposefully coincides with the Gai Jatra festival, one of the oldest festivals celebrated in the Kathmandu Valley.
LGBT people continue to face discrimination, hate speech, and violence. They also continue to be subjected to slavery and slavery-like practices. The exploitation and illegal castration of boys with feminine characteristics remains unresolved.[96]
Gender-based violence against transgender people is a severe issue in Nepal where they often find themselves susceptible to both public and domestic violence, abuse in the workplace and at home, and elsewhere. Reasons for gender-based violence are largely attributed to social taboos and superstitions and deeply entrenched beliefs that propagate derogatory attitudes towards sexual and gender minorities. Violence also stems from law enforcement such as the police force, as many LGBT individuals report severe beatings, body searches and undue detainment. Likewise, results derived from INSEC's monitoring of the situation indicated that subjugating women to domestic violence was considered a deep-rooted traditional practice.
Survey results also show that 20-23% of transgender women in Nepal view domestic violence as being acceptable. Despite efforts of various human rights and LGBT rights NGOs, together with international aid agencies, to lobby for the elimination of violence through the implementation of more effective measures. Complaints by transgender rights activists are directed towards the lackadaisical efforts of the law enforcement agencies in which disputes are settled without any charges pressed against the perpetrators.
The United Nations Development Programme has recommended that Nepal incorporate these ideals into the education system to ensure inclusive and equitable quality education:[97]
Nepal's Education Board has implemented information about sexual and gender diversity in the curriculum of grades 7-9 (age 13–15), making Nepal the second Asian country, after Mongolia, to implement this. Universities also possess courses about LGBT issues. However, many LGBT children still face discrimination and are unable to complete their education due to "threats, bullying, and neglect from fellow students and teachers alike." Furthermore, transgender Nepalis face severe gender-based violence and are unable to receive a proper education, especially in rural areas.[98]
There has been an increased level of participation in the political arena by openly LGBTI politicians such as Sunil Babu Pant, the first openly gay parliamentarian in Asia. Pant served in the Federal Parliament from 2008 to 2012. Pant was also one of the 27 experts at the meeting consolidating the Yogyakarta Principles.
The Communist Party of Nepal-Maoist made several homophobic statements during the Civil War. Until 2007, party members had described homosexuality as "a production of capitalism" that "doesn't exist under socialism", and LGBT people as "social pollutants."[99] However, since 2008, with the end of the insurgency and the beginning of a multi-party democracy, the Maoist Party has supported LGBT rights.[100] [101]
The HIV/AIDS epidemic affects LGBTI Nepalis across the board. 2009 estimates showed that about 3.8% of men who have sex with men (MSM) in Nepal were HIV-positive; an increase from 3.3% in 2007. In 2007, MSM in Nepal were 9.2 times more likely to acquire HIV infection than heterosexuals, notably lower than neighboring China (45 times more likely) or India (17.6 times more likely).[102]
Lesbian couples are also denied access to vitro fertilization (IVF). Across the country, there is a severe lack of access to comprehensive health care as well as a lack of research on the mental, physical, and reproductive needs of LGBT Nepalis.
COVID-19 is thought to have had an impact on the mental health of LGBT; "27.1 per cent said they suffered excessive stress, while 21.6 per cent said they became short-tempered and 13.4 said they suffered from depression".[103]
Hormone replacement therapy and sex reassignment surgery are technically not available in Nepal,[104] though some doctors may perform such procedures. However, they are reported to be "costly". Hormone replacement drugs cost 4,500 rupees for a six-month period. Many Nepali transgender people go to Thailand or India to undergo reassignment surgery.[105]
See also: Tourism in Nepal.
See also: Pinkwashing (LGBT).
The Nepal Tourism Board has plans to promote Nepal as an LGBT-friendly tourist destination. An LGBT tourism conference was held on February 2010. Sensitivity trainings were also conducted in selected catering and hospitality venues.[106]
The representation of LGBT community in Nepali mainstream media is minimal. Historically, the portrayal of people of sexual and gender minorities had been in negative connotation or as a comic relief in films and television show. The queer representation have always been caricatures of transgender people, gay people, and lesbians and stereotypical. However, there have been some positive and realistic depictions in recent times.[107] Highway, a 2012 film by Deepak Rauniyar featured a gay character and a transgender character who is a victim of sexual violence.[108]
, a 2012 movie was about a lesbian relationship. Actresses Diya Maskey and Nisha Adhikari played the lead roles. The film was also selected as the Nepalese entry for the Best Foreign Language Film at the 86th Academy Awards, but it was not nominated. However, the film has been criticized for its story and cishet male gaze.[109] [110]
Singha Durbar, a 2016 fictional television series by Tsering Rhitar Sherpa about first female prime minister featured a gay character, Bishwa Bishwokarma, press secretary to the PM played by Praween Khatiwada. The television show was broadcast on Nepal Television, the state broadcaster of Nepal. The series was supported by USAID.[111]
Prabal Gurung, a Nepali American fashion designer, is openly gay. Gurung has designed for popular media icons and personalities such as Michelle Obama, Catherine, Duchess of Cambridge, Oprah Winfrey.[112]
Between Queens and the Cities, the first queer memoir from Nepal by Niranjan Kunwar was published on 5 December 2020. The book chronicles the life of the author as a gay man in different cities such as New York and Kathmandu. The book also shows the struggles of a gay man in Nepali society.[113]
In June 2021, an art exhibition with LGBTIQ theme, Queer — A celebration of art and activism was organized in Kaalo.101, an art space based in Patan. The exhibition featured arts primarily from Nepal alongside other countries such as Pakistan, Malaysia, Indonesia and Bangladesh.[114]
Several LGBT-related events are held in Nepal. These include the main Nepal POMSOGIESC (People of Marginalized Sexual Orientation, Gender Identity and Sex Characteristics) Pride Parade, known as Nepal Pride Parade in short, is held on the second Saturday of June since 2019.[122] Similarly, Queer Womxn Pride is held every year along with mainstream women's rights rally on International Women's Day since 2019,[123] an Queer Indigenous Pride held every year along mainstream indigenous rights rally on International Day of the World's Indigenous Peoples since 2019.[124] Since 2020, a Trans Pride Parade is also observed on the Saturday after 17 December.[125] International events such as International Transgender Day of Visibility, National Coming Out Day, Transgender Day of Remembrance, and International Day Against Homophobia, Transphobia and Biphobia are also observed.
Several smaller events include Asexual Awareness Week (Last week of October), Celebrate Bisexuality Day (23 September), an awareness day for hijras (17 April) and Intersex Awareness Day (26 October).
See main article: Recognition of same-sex unions in Nepal.
On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic order directing the government to establish a separate register for non-traditional couples and sexual minorities and to temporarily register them. The full bench
] of the Supreme Court has yet to deliver a final verdict.[29] [30] Some observers noted that Justice Til Prasad Shrestha overstepped his functions and abused his authority.[31] It is estimated that around 200 third gender activists who rushed back to their villages may register their marriages soon.[32]On 13 July 2023, the Kathmandu District Court rejected a marriage registration application filed by a Nepali couple despite the historic order by a single judge bench of Justice Til Prasad Shrestha. "The court’s action is not only a blow to the sexual minority community, but it also dishonoured the Til Prasad Shrestha’s order, said Sunil Babu Panta, a leading third gender activist. We will knock on the doors of the Supreme Court as soon as possible to dry our tears” they added.[33] [34]
On 24 April 2024, the National ID and Civil Registration Department issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into the separate register.[35]
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