LGBT rights in Nepal

Lesbian, gay, bisexual & transgender rights in Nepal

Are among the most progressive in Asia. The Nepalese Constitution recognizes LGBT rights as fundamental rights. Nepal's current LGBT laws are some of the most tolerant in Asia and expand upon a multitude of rights for LGBT Nepali.

The Nepali Government, following the end of the monarchy, legalized homosexuality across the country in 2007 along with the introduction of several new laws. These new laws explicitly include protections on the basis of sexual orientation. The Nepalese Constitution, approved by the Constituent Assembly on 16 September 2015, Includes several provisions pertaining to the rights of LGBT people. These are the right to have their preferred gender displayed on their identity cards, a prohibition on discrimination on any ground, including sex or sexual orientation by the State and by private parties, eligibility for special protections that may be provided by law, substitution of gender-neutral terms for the previous "male", "female", "son" and "daughter", and the right of access to public services for gender and sexual minorities.

Based on a ruling of the Supreme Court of Nepal in late 2007, the Government was also looking into legalizing same-sex marriage. According to several sources, the new Constitution was expected to include it. Although the Constitution does explicitly include that "marginalized" communities are to be granted equal rights under the law and also mentions that LGBT people in Nepal, particularly fall under that marginalized group, it appears to not address the legalization of same-sex marriage explicitly.

Despite these supportive laws and provisions, LGBT people still face societal discrimination in Nepal and there is significant pressure to conform and to marry a partner of the opposite sex.

Terminology

The term LGBTI is increasingly used in Nepal, rather than just LGBT, with the I denoting intersex people. The term "gender and sexual minorities" (Nepali: यौनिक तथा लैङ्गिक अल्पसङ्ख्यक) is used in the Constitution of Nepal. Among young Nepalis, the terms "queer" and "MOGAI" (Marginalized Orientations, Gender Identities, and Intersex) are also used.

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