Nepal Registers Same Sex Marriage

Context: Nepal Registers Same Sex Marriage, and became the first South Asian country to register same-sex marriage officially five Months after the Supreme Court of Nepal legalized it.

Nepal Registers Same Sex Marriage

• In June 2023, the Supreme Court of Nepal issued an interim order to legalize same-sex marriage in a writ petition filed by multiple people, including Gurung. 
• But despite the historic order to temporarily register same-sex marriage, Kathmandu District Court four months ago rejected the move, citing a lack of necessary laws.

Status On Same Sex Marriage in India:

• General Definition: Same sex marriage in India refers to marriages between two individuals of the same gender.
• Opposition: Traditional religious groups have opposed homosexual marriages as they believe them to be against the natural order.
  • In some countries, homosexuality itself is criminalized and same-sex marriage looks like a distant dream. 

Supreme Court verdict on Same Sex Marriage in India:

• On Same Sex Marriage: The Court unanimously held that there is “no unqualified right” to marriage and same-sex couples can’t claim it as a fundamental right under the Constitution.
• On Civil Union: The right to enter into a Union includes the right to choose one’s partner and the right to recognition of that union. 
  • However, Parliament is required to decide on any change in the regime of the Special Marriage Act. 

• Rights of Transgender Persons
  • Right to Marry: The transgender persons in heterosexual relationships have the right to marry as per the existing statutory laws or personal laws. 
  • Registration under the Marriage Act: A transgender person could be in a heterosexual relationship, a union between a trans-persons could be registered under the Special Marriage Act and other existing laws.
• Rights of Queer Couples on Adoption
  • Discriminatory Provisions: The guidelines of the Central Adoption Resource Authority (CARA), prohibited unmarried and queer couples from adoption and believed it as unconstitutional and illegal.
  • As per Regulation 5(3) of CARA “no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship except in the cases of relative or step-parent adoption”.
    • A queer person can adopt only in an individual capacity. This has the effect of reinforcing the discrimination against queer community.

Also Read: Supreme Court Verdict on Same-Sex Marriage