LGBT Rights in Gandaki
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History

Homosexual activity in Gandaki

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Homosexual activity in Gandaki is legal.

Current status
Since Dec 21, 2007
Legal
In 2007, Nepal became one of the leading LGBTQ countries with holding Supreme court ruling in 2007, that would allow same-sex marriages and grant transgender people the right to gender affirming care.

Same-sex marriage in Gandaki

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Same-sex marriage in Gandaki is ambiguous.

Current status
Since Apr 24, 2024
Ambiguous
Nepal is waiting for a final decision by its supreme court, but meanwhile all local governments are ordered to temporarily register same-sex marriages in a separate record. In April 2024 the National ID and Civil Registration Department issued a circular to all local governments that they register such marriages. However, simply being registered does not grant same-sex couples the legal rights of marriage, and registered same-sex couples cannot inherit property, get tax subsidies, make spousal medical decisions or adopt children, etc.
Jun 28, 2023–Apr 23, 2024
Ambiguous
On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic order directing the government to establish a separate register for non-traditional couples and sexual minorities and to temporarily register them. The full bench of the Supreme Court has yet to deliver a final verdict. Some observers noted that Justice Til Prasad Shrestha exceeded his authority. It is estimated that around 200 third gender activists who rushed back to their villages may register their marriages soon.

On 29 November 2023, the first same-sex couple in Nepal was able to register their marriage in the Dordi municipality, five months after the interim order was given. However, there are reports that other same-sex wedding applications have not been consistently registered.

In April 2024, Nepal's Ministry of Home Affairs ordered the recognition of same-sex marriage in all the country's jurisdictions.
Oct 23, 2017–Jun 27, 2023
Foreign same-sex marriages recognized only
The Supreme Court of Nepal issued its judgement, ruling that under Rule 8(1)(h) of the Immigration Rules a foreign national who submits a valid marriage license with a Nepali citizen is eligible to obtain an "NT Visa" as a dependant. The Supreme Court further ruled that the Immigration Rules do not specify that a foreign national applying for an NT Visa must either be of the same or opposite gender. Foreign same-sex spouses of Nepali citizens are now eligible to obtain an NT Visa as a dependant.
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Until Oct 22, 2017
Unrecognized
Reportedly, some ceremonies were performed but were offered no official recognition.

Censorship of LGBT issues in Gandaki

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Censorship of LGBT issues in Gandaki is no censorship.

Current status
No censorship
In Nepal, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Gandaki

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Right to change legal gender in Gandaki is legal, no restrictions.

Current status
Since Jul 31, 2024
Legal, no restrictions
In 2024, the Supreme Court of Nepal ruled that a transgender woman is a woman and said she should be legally recognised as such in all documents without the need for medical documentation. Previously legal gender recognition was only provided to nonbinary people, but the ruling has effectively made it inclusive to trans men and women as well.
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Dec 21, 2007–Jul 31, 2024
Ambiguous under federal Nepal law
In 2007, a landmark ruling in Nepal provided nonbinary people with legal recognition on the basis of self-determination.

Section 12 of the Constitution of Nepal (2015) was written in such a way that requires the Nepalese Citizenship Certificates to include gender identity (as opposed to just gender). This provision only applies to the first Nepalese Citizenship Certificate issued, not to an already-issued certificate. However, the decision of Sunil Babu Pant, Anik Ranamagar and others v. Government of Nepal (2017), ruled that existing citizenship certificates should also be amended.

Nepal began issuing passports with “third gender”/“O” markers, after the Supreme Court decision Dilu Dibuja v. the Ministry of Foreign Affairs (2017) ordered that a transgender person should be given a passport that matched their Nepalese Citizenship Certificate.

In 2019, Nepal’s House of Representatives proposed a bill to amend the Citizenship Act that would impact the rights of trans persons. The bill proposed an onerous proof of "sex change" as a requirement for a person to obtain a change of gender marker on their Nepalese Citizenship Certificate. This goes in contradiction with the above Supreme Court cases.

In addition, many transgender people who have applied for a gender change have been able to see their gender marker changed on behalf of the civil status.

Despite this, the process of a legal gender change was only permissible for nonbinary people and trans women couldn't change their markers to female or trans men to male until 2024.
Until Dec 20, 2007
Illegal
Until 2007, there was no legal gender recognition provided in Nepal.

Gender-affirming care in Gandaki

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Gender-affirming care in Gandaki is restricted.

Current status
Since 1988
Restricted
In 1988, Nepal legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
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Legal recognition of non-binary gender in Gandaki

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Legal recognition of non-binary gender in Gandaki is recognized.

Current status
Since 2013
Recognized
A third gender category for citizenship documents was introduced in 2013 and Nepal began issuing passports with the ‘others’ category two years later.
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LGBT discrimination in Gandaki

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LGBT discrimination in Gandaki is illegal.

Current status
Since Sep 20, 2015
Illegal
Section 18(3) of the Constitution of Nepal (2015) explains that the State shall not discriminate against, inter alia, “sexual minorities”.
Until Sep 19, 2015
No protections
No constitutional protections against discrimination in Nepal.
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LGBT employment discrimination in Gandaki

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LGBT employment discrimination in Gandaki is no protections.

Current status
No protections
There is no protections against employment discrimination in Nepal
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LGBT housing discrimination in Gandaki

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LGBT housing discrimination in Gandaki is unknown.

Current status
Unknown

Same-sex adoption in Gandaki

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Same-sex adoption in Gandaki is unknown.

Current status
Unknown

Intersex infant surgery in Gandaki

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Intersex infant surgery in Gandaki is not banned.

Current status
Not banned
Intersex persons are not protected from violations to physical integrity and bodily autonomy. A 2016 book of personal stories by intersex people from Nepal identifies a range of bodily autonomy and health issues, including "Intersex genital mutilation as a growing practice and lack of information and access to reproductive health information or care" and "Lack of access to necessary health care for those experiencing health difficulties as a result of their intersex variation".
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Serving openly in military in Gandaki

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Serving openly in military in Gandaki is unknown.

Current status
Unknown

Blood donations by MSMs in Gandaki

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Blood donations by MSMs in Gandaki is legal.

Current status
Legal
No specific ban or deferral period for LGBT people.
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Conversion therapy in Gandaki

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Conversion therapy in Gandaki is unknown.

Current status
Unknown

Equal age of consent in Gandaki

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Equal age of consent in Gandaki is equal.

Current status
Equal
Nepal statutory rape law is violated when an individual has consensual sexual contact with a person under age 16. This law is applicable to both heterosexual couples, and homosexual men. There is no age of consent for homosexual women.
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