LGBT Rights in Sudur Pashchimanchal Development Regions

Sudur Pashchimanchal is governed by federal Nepal law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    Ambiguous
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✖ Restricted
    Non-Binary Gender Recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    Unknown
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Sudur Pashchimanchal

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Homosexual activity in Sudur Pashchimanchal 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 Sudur Pashchimanchal

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Same-sex marriage in Sudur Pashchimanchal 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
Ambiguous status. 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 homosexual 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 28, 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 23, 2017
Ambiguous
Some ceremonies performed but no official recognition

Censorship of LGBT issues in Sudur Pashchimanchal

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Censorship of LGBT issues in Sudur Pashchimanchal 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 Sudur Pashchimanchal

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Right to change legal gender in Sudur Pashchimanchal is legal, no restrictions.

Current status
Since 2015
Legal, no restrictions under federal Nepal law
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.

Gender-affirming care in Sudur Pashchimanchal

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Gender-affirming care in Sudur Pashchimanchal 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 Sudur Pashchimanchal

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Legal recognition of non-binary gender in Sudur Pashchimanchal 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 Sudur Pashchimanchal

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LGBT discrimination in Sudur Pashchimanchal 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 Sudur Pashchimanchal

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LGBT employment discrimination in Sudur Pashchimanchal is no protections.

Current status
No protections
There is no protections against employment discrimination in Nepal
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Jan 1, 2015–Jan 1, 2024
Sexual orientation and gender identity
Under the category "gender and sexual minorities"
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Jan 1, 2012–Sep 19, 2015
No protections
No protections against discrimination in employment
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LGBT housing discrimination in Sudur Pashchimanchal

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LGBT housing discrimination in Sudur Pashchimanchal is unknown.

Current status
Unknown

Same-sex adoption in Sudur Pashchimanchal

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Same-sex adoption in Sudur Pashchimanchal is single only.

Current status
Since Oct 10, 2017
Single only
No restrictions. No laws in place for same sex couples.
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Intersex infant surgery in Sudur Pashchimanchal

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Intersex infant surgery in Sudur Pashchimanchal 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 Sudur Pashchimanchal

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Serving openly in military in Sudur Pashchimanchal is legal.

Current status
Since Jan 1, 2007
Legal
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Blood donations by MSMs in Sudur Pashchimanchal

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Blood donations by MSMs in Sudur Pashchimanchal is legal.

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

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Conversion therapy in Sudur Pashchimanchal is not banned.

Current status
Since Aug 15, 2015
Not banned
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Equal age of consent in Sudur Pashchimanchal

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Equal age of consent in Sudur Pashchimanchal 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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