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