Why are district courts not registering same-sex marriage?

While Article 16 of Nepal’s constitution guarantees every individual the right to live with dignity and Article 18 ensures equality for all citizens, these provisions have largely remained unenforced in practice. For instance, same-sex couples continue to face barriers to registering their marriages in Nepali courts, reflecting a gap between constitutional ideals and legal implementation.

Despite a landmark interim order by the Supreme Court on 27 June 2023, directing authorities to provisionally register the marriages of sexual and gender minority couples, district courts have failed to act. They argue that marriage registration is the jurisdiction of local registry offices, not the courts. Consequently, same-sex, third-gender, and intersex couples have been denied legal recognition. Courts restrict marriage registration to heterosexual couples, citing the Civil Code, 2017, which defines marriage as a union between a man and a woman.

This legal stalemate became evident on 13 July 2023, when District Judge Madhav Prasad Mainali of the Kathmandu District Court rejected the marriage registration of Maya Gurung and Surendra Pandey, citing the absence of explicit legal provisions. Maya and Surendra’s effort to create a pathway for individuals unable to reveal their identities within family or society faced an early setback. The couple appealed the decision to the Patan High Court, but after three months, a division bench upheld the district court’s order.

Among the nine same-sex couples who filed a writ petition at the Supreme Court, Maya and Surendra’s case stood out. Tragically, one petitioner, Manoranjan Kumar Vaidya, passed away, and other couples did not pursue marriage registration further. In Nawalpur district, court registrar Gambhir Ghimire outright refused to accept their application.

Undeterred, Maya and Surendra escalated their case to the Supreme Court. With support from former Constituent Assembly member Sunil Babu Pant, they approached Dordi Rural Municipality in Lamjung on 23 Nov 2023, for marriage registration. After consulting with the Department of National ID and Civil Registration, the municipality issued their marriage certificate on 29 Nov 2023. This milestone made Nepal the first South Asian country and the second in Asia, after Taiwan, to legally recognize same-sex marriages, attracting widespread attention.

The breakthrough inspired similar actions across Nepal. Another same-sex couple registered their marriage in Kailari Rural Municipality without requiring a formal circular. In Feb 2024, Nepal’s first lesbian couple—Anjudevi Shrestha (Dipti) and Suprita Gurung—registered their marriage in Badhaiyatal Rural Municipality-2, Bardiya, with support from Maya Ko Pahichan Nepal. In September, a same-sex male couple registered their marriage in Sabhapokhari, Sankhuwasabha, preferring to stay out of the media spotlight.

To streamline the process, Sunil Babu Pant, Executive Director of Maya Ko Pahichan Nepal and a Rainbow Tourism cultural ambassador, urged the Department of National ID and Civil Registration to issue a circular to all 753 local government offices. In April, the department complied, standardizing marriage registration forms in alignment with the Supreme Court’s directive.

The circular spurred a wave of registrations. In August, Jyoti Sarki and China Kumari Nepali registered their marriage in Rampur Municipality-9, Palpa. A month later, Laxmi Silwal and Anjali Thapa did the same in Rupa Rural Municipality, Kaski. In Devchuli Municipality, Nawalpur, the marriage of Nepali citizen Sampurna Adhikari and American citizen Hima Gurung became the first same-sex union involving a foreigner. Dharan Sub-Metropolitan City-11, Sunsari, followed suit on Oct 10, registering the marriage of Prajit Budhathoki and American citizen Joseph Foster Ellis. In November, Kohalpur Municipality-14, Banke, registered the marriage of Sanju BK and Richa Sunar.

These developments mark a significant shift. Same-sex marriage registration is now possible at the ward level, thanks to the persistent advocacy of Maya, Surendra, and Sunil Babu Pant’s leadership. However, comprehensive statistics remain unavailable, as these registrations are yet to be fully integrated into the Department of National ID and Civil Registration’s online system. 

The author has advocated for sexual and gender minority rights in Nepal as a media professional for over 13 years at Pahichan.com

All decked up for Christmas

Christmas is around the corner and while many of you might not necessarily be celebrating it in the grand way you tend to mark Dashain and Tihar, it’s the perfect occasion to bring some positivity and cheer into your life as well as ready your home for the new year. We aren’t going to tell you to bring in a tree, not even those plastic or synthetic ones that seem so popular these days, so hear us out. It’s about adding little touches to your home to bring in a festive feel. Here are five things you can do.

Put up the lights

The easiest way to do up your home for any festival is to decorate with lights. String lights lend a warm, inviting charm to your home but if that feels like too much work, you can buy some inexpensive battery operated candles and use that around your home—light one on the coffee table, put a few in the dining space, or on the window sill and watch your space come alive. You can also put these in decorative lanterns and jars. These days, you also get many funky displays of light that cast festive patterns on the wall or the ceiling. Consider using one for a lively space.

Use personalized decor items

A fun thing to do during the weekend as a family is to make some paper cranes or butterflies and string them up to hang around the house. You can also make many cool crafts and decor items with ribbons and threads. Instagram and YouTube have many tutorials that can help. Macrame can be another good option as you can use these all year round. Learn to make an evil eye or a dreamcatcher. Another great idea is to bring out your old photos and create a collage of memories. You can include heartwarming notes and cards that you have received over the years as well.

Bring the outside in

One of the best all-time-decor ideas is to bring in flowers and plants. Put mismatched jugs along the dining table and fill them up with fresh flowers. You can intersperse these with candles for a regal touch. However, you don’t have to use fresh flowers if they seem too much of an investment. You can use dried stems and leaves and display them interestingly in huge glasswares. Dried foliage displays can look pretty cool if done right. You might also want to consider making an impromptu tree by bringing in a spiky plant inside and doing it up with quirky trinkets.

Create a book tree

This one makes for a really interesting display. Everyone who visits your home is bound to appreciate it and, we can assure you that, you will also be quite taken by it. Gather books of different sizes and widths. Create a circle at the base using the heavy ones and add layers making a pyramid shape. Stack a book on top of two books, creating a gap between them and when you finally reach the top add a star or a bow. You can also put up string lights once the tree is ready for some extra panache.

Get some festive bedding

We spend a lot of time at home in the bedroom but it’s one of the most neglected spaces when it comes to holiday decor. But you can benefit greatly by giving your bedroom a festive flourish. Wrap garlands around the windows or the headboard for an easy decor spruce up. Invest in some bright and cheery holiday pillow and duvet covers. Put a small table-top tree or some other decoration on your nightstand. Consider displaying a wreath over the headboard or next to the bed for a final touch.

‘The Paris Novel’ book review: All vibes and rich imagery

Ruth Reichl has written nine books including ‘The Paris Novel’ and edited many others like ‘History in a Glass’ and ‘Endless Feasts’. Most of her books revolve around food and culture that celebrate food. The cover of The Paris Novel has Nigella Lawson, English food writer and television cook, calling it ‘nothing less than absolute enchantment’.

I was surprised I had never come across Reichl’s works or even heard of her. I read the blurb of The Paris Novel and the first few pages at the bookshop and decided to buy it. It seemed like a simple story filled with mentions of food, books, and life in Paris. It’s also not a thick book so I thought I would breeze through it in a couple of days.

Stella St. Vincent is a copy editor at a publishing house and she likes her structured life. Then she receives a mysterious note from her late mother telling her to go to Paris. Her mother, who Stella never had a loving relationship with, has instructed her attorney, and perhaps her lover at one point, to buy a one way plane ticket to Paris for Stella and convert the remaining money in her account to traveller’s checks.

When Stella’s boss finds her asleep at the office she tells her to take an extended leave. She promises Stella that her job will be waiting for her when she gets back. Left with no choice, Stella finds herself alone in Paris. She doesn’t have friends there and is a little lost and overwhelmed. Then she meets Jules, an octogenarian who collects art and sees something in Stella that makes him take her under his wing. He introduces her to a side of Paris (and life) that she has never seen before.

The Paris Novel is rich in imagery and full of Parisian vibes. The plot is predictable and cliched. Stella, initially a shy and insecure American woman, turns into a confident go-getter with a flamboyant attitude by the end of the book and you see it coming the moment she lands in Paris. The book could also remind you of the many coming-of-age novels you have read. But be warned, there’s a familiarity to it that might bore you. It’s like a fictional version of Elizabeth Gilbert’s ‘Eat, Pray, Love’—which is basically one woman’s quest of finding herself.

The writing, with all the references to French culture and cuisine, can also confuse you. It’s a novel that never picks up. Unlike what I initially thought, I couldn’t finish the book in a day or two. I don’t necessarily mean that in a bad way. I had to take it slow as I was unfamiliar to the French lifestyle beyond what I’ve seen on the popular show ‘Emily in Paris’ on Netflix.

Whether or not you enjoy the novel depends on what kind of a read you are looking for. If you want an all vibes not much plot book, then this is for you. But if you are looking to follow a storyline, there isn’t much here. A friend who has read Reichl’s other works as well as The Paris Novel says the latter isn’t her best work and that I shouldn’t judge her based on it. She has recommended ‘Cheer Me Up with Apples’ and ‘Tender at the Bone’. Despite not being great, The Paris Novel, with its lush descriptions of food and wine, has whetted my appetite for more and I’m actually willing to give her another chance. 

https://www.goodreads.com/book/show/195430688-the-paris-novel 

The Paris Novel

Ruth Reichl

Published: 2024

Publisher: Magpie Books

Pages: 272, Paperback

Nepali diaspora and NRNA citizenship

The concept of Non-Resident Nepali (NRNA) citizenship has sparked mixed reactions in Nepal. Some view it as a significant step toward recognizing the contributions of the Nepali diaspora, while others dismiss it as largely symbolic. Since its inception in Nepal as a concept, there has been confusion and ambiguity surrounding the practical implications of this citizenship. With over 7.5m Nepali nationals living abroad, the diaspora has become an important force in the national economic, cultural and diplomatic landscape. As Nepal’s global presence continues to grow, the idea of NRNA Citizenship is gaining importance, both to strengthen Nepal’s ties with its global community and to acknowledge the vital role of Nepali nationals living overseas.

The diaspora contributes in multiple ways to national development—through remittances, investments, trade and cultural exchanges, and international reputation. Many NRNs also act as cultural ambassadors, promoting Nepali values and traditions around the world. The introduction of NRNA citizenship aims to formalize this relationship by ensuring NRNs’ increased and significant involvement in Nepal’s political, diplomatic and economic processes. By offering NRNs the right to vote in presidential and parliamentary elections, the citizenship provision seeks to ensure that the global Nepali community has a direct voice in shaping the country’s future. This, in turn, would help foster a stronger sense of national identity and civic responsibility among Nepalis abroad.

Granting NRNs the right to invest and own property in Nepal could have both positive and negative implications. On the one hand, NRNs could contribute significantly to Nepal’s economic development by injecting capital, creating jobs, and facilitating trade, while on the other, wealthier NRNs, particularly those from economically advanced countries, could dominate the real estate and business sectors. This could drive up property prices and create economic imbalances between Nepalis living abroad and those residing in Nepal. The influx of foreign capital could distort local markets and exacerbate wealthy disparities, further entrenching inequality in the country.

While remittances remain a crucial source of income for many families in Nepal, there are concerns that an over-reliance on NRNs for investment could limit the country’s economic diversification. Nepal might become increasingly dependent on its diaspora for financial support, making it vulnerable to external economic fluctuations. A downturn in the global economy or a decrease in remittance inflows could negatively impact Nepal’s economic stability, especially if the country has not developed other robust sources of revenue. Moreover, as NRNs gain more economic influence, the gap between the wealthy diaspora and the average Nepali citizen could widen, potentially leading to social tensions.

NRNA citizenship could also lead to political manipulation. If NRNs are granted voting rights, there is a risk that political parties in Nepal might attempt to influence the diaspora to secure electoral support. This could distort the democratic process, especially in a country with a history of political instability and external influence. Politicians could try to sway NRNs to vote in ways that benefit their political agendas, which could undermine the integrity of Nepal’s elections. Furthermore, nationalist groups in Nepal may oppose the idea of granting voting rights to NRNs, arguing that individuals who do not live in Nepal should not have a say in the country’s political decisions. This could create tensions between those living abroad and those residing in Nepal, especially if NRNs are perceived as receiving special privileges without contributing equally to the country’s development.

NRNA citizenship could also cause diplomatic complications. Many countries, including India, Saudi Arabia, and the United States, do not recognize dual citizenship. For NRNs living in these countries, attempting to hold Nepali citizenship while retaining their foreign nationality could create legal challenges. These NRNs may face difficulties navigating the conflicting requirements of their host countries and Nepal. For example, they could risk losing their legal status in countries that do not permit dual nationality. These diplomatic complexities will require careful negotiation between Nepal and the host countries of its diaspora to ensure that NRNA citizenship does not lead to strained relations or legal complications for NRNs.

NRNA citizenship presents a unique opportunity for Nepal to strengthen its relationship with its vast diaspora. By granting legal status, voting rights and business opportunities to NRNs, Nepal could benefit from the resources and expertise of millions of Nepali nationals living abroad. NRNA citizenship could also help enhance Nepal’s international standing, improve foreign relations and stimulate economic development. However, these benefits must be carefully balanced against the risks associated with dual citizenship, national security concerns, economic inequality and political manipulation.

To make NRNA citizenship successful, they will need to approach its implementation with thoughtful planning and inclusive dialogue. Constitutional amendments to allow dual citizenship must be pursued, but they must take into account the potential risks of divided loyalties and national security. Additionally, diplomatic discussions with countries that do not recognize dual nationality will be essential to ensure that Nepal does not jeopardize its relations with these nations. Moreover, Nepal must work to mitigate the potential for social and political divisions between NRNs and those living in Nepal, ensuring that NRNA citizenship does not create new sources of tension or resentment.

If managed effectively, NRNA citizenship could become a powerful tool for bridging the gap between Nepal and its global community. The focus should be on encouraging the diaspora to align with the expectations of the Nepali state through constitutional provisions, not on purely technical issues. Alongside citizenship, the additional rights that the NRNA community seeks should be addressed through continuous discussion and debate, ensuring that all perspectives are considered collaboratively.