In June 2022, LGBTQIA activists and supporters gathered in Kathmandu, Nepal to demand equal legal rights, marking June as Pride Month. In late September, the Supreme Court of Nepal instructed the government to recognize the same-sex foreign spouse of a Nepali citizen and consider urgently a 2015 court-ordered report that recommended broader recognition of same-sex relationships. This landmark ruling builds on previous judgments from 2007 and 2017 that recognized the rights of LGBTQ+ people in Nepal. The court declared that failure to recognize same-sex spouses violates Nepal‘s constitution and international human rights obligations.
The case, Adheep Pokhrel and Tobias Volz versus Ministry of Home Affairs, Department of Immigration, was brought by a gay couple consisting of a Nepali citizen, Adheep Pokhrel, and a German citizen, Tobias Volz. The pair got married legally in Germany in 2018. Applying for a non-tourist visa for Volz in July 2022 would give him the same rights to live in Nepal as a married heterosexual spouse in the same situation, but Nepali authorities refused the request as the application form reads “husband” and “wife” and does not recognize two husbands.
Pokhrel and Volz attempted to register their German marriage with Nepali authorities, which was also rejected. They applied again for a non-tourist visa for Volz in August 2022, citing the Supreme Court’s judgment in Suman Panta v. Ministry of Home Affairs, Department of Immigration, et al. (2017), which stated that foreign same-sex spouses should be granted non-tourist visas, but the authorities again denied the application.
The Supreme Court of Nepal ordered the Immigration Department to grant the foreign spouse a non-tourist visa, reiterating that the constitution envisions same-sex marriage. The government of Nepal must recognize same-sex marriage and propose legislation to protect the rights of LGBTQ+ people. The Supreme Court is currently also considering other LGBTQ+ rights cases, including a case brought by Rukshana Kapali, a transgender woman who is petitioning to be legally recognized as a woman.
Philosophical Discussion and Human Rights Exploration
This landmark ruling in Nepal is a step forward towards recognizing the rights and dignity of LGBTQ+ people worldwide. Despite progress made in some parts of the world, many countries still criminalize, persecute, and discriminate against LGBTQ+ individuals.
According to Human Rights Watch, 69 countries criminalize same-sex relations, and five such countries impose the death penalty. Same-sex marriage is legal in 30 countries worldwide. It is unfortunate that people still face discrimination and violence based on their sexual orientation and gender identity.
This ruling is significant because it reinforces the idea that love is an inherent human right and that all individuals deserve to love and be loved in a fulfilling and equal manner. Every human being has the right to live a life free from discrimination and violence, irrespective of their sexual orientation, gender identity, race, or religion.
Nepal has been at the forefront of LGBTQ+ rights, and the recent ruling solidifies its reputation as a leader in the region. The court’s decision recognizes that denying same-sex couples the same rights as heterosexual couples is unconstitutional and violates human rights obligations.
Editorial and Advice
The ruling in Nepal is a significant milestone towards recognizing LGBTQ+ people’s rights worldwide. It sends a clear message that all people, irrespective of their sexual orientation and gender identity, deserve equal rights and dignity.
While some countries are making progress in advancing LGBTQ+ rights, many countries still have outdated and discriminatory laws that oppress individuals. Governments worldwide must work towards legalizing same-sex marriage, ending discrimination and violence based on sexual orientation or gender identity, and recognizing LGBTQ+ rights as human rights.
This judicial ruling is a reminder that laws must evolve with changing times. Governments worldwide should be proactive in protecting the rights of their LGBTQ+ citizens and passing legislation that ensures equal rights and protection under the law.
In conclusion, we applaud Nepal‘s Supreme Court for recognizing the rights of same-sex spouses and reaffirming its commitment to promoting LGBTQ+ rights. Other countries can learn from Nepal‘s progress and strive towards inclusivity and equality for all.
<< photo by Clay Banks >>