Nepal Supreme Court Guarantees Gay Rights

By Kristy Tridhavee
Impunity Watch Reporter, Asia

KATHMANDU, Nepal – Nepal’s Supreme Court has ordered the government to enact laws protecting the rights of the country’s gay and lesbian population, declaring that “they should be allowed to enjoy all the rights defined by national and international human rights law and instruments.” 

In the court’s ruling, it stated: “The government of Nepal should formulate new laws and amend existing laws in order to safeguard the rights of these people. Lesbian, gay, bisexual, transsexual, and intersex are natural persons irrespective of their masculine and feminine gender and they have the right to exercise their rights and live an independent life in society.”

Although homosexuality is not a specific crime in Nepal, “unnatural sex acts” are punishable up to one year in prison. The gay and lesbian population of Nepal alleges that there is a long history of discrimination against their groups in the highly conservative nation.  “There were no specific laws to protect the rights of sexual minorities but the Supreme Court's decision has opened the doors to enjoy our rights,” said Sunil Babu Pant, president of the Blue Diamond Society, which works on behalf of sexual minorities in Nepal.

In response to requests for same-sex marriage laws, the Supreme Court recommended that the government form a committee to study existing laws and provisions in foreign countries on same-sex marriage. In addition, the Court ordered the government to frame laws based on the committee’s findings.  

The ruling is the first of its kind in Asia. Hari Phuyal, a senior advocate, commented, “So far, no apex court has passed such a verdict.” Pant added, “It was an extremely positive decision and a pleasant surprise for us. It would set a precedent for other conservative countries like Nepal.”

There are no official figures of the homosexual population in Nepal, but rights groups estimate that homosexuals and transgender people account for about ten percent of the twenty-seven million population.

For more information, please see:

Advocate – Nepal Court Rules for Gay Rights – 27 December 2007

AFP – Nepal Supreme Court Orders Government to Guarantee Gay Rights – 22 December 2007

Hindustan Times – Nepal Supreme Court Directs Government to Safeguard Gay Rights - 23 December 2007