The recent interim order issued by the Supreme Court (SC), directing the government to facilitate the temporary registration of same-sex marriages, is a significant milestone in the country's journey towards equality and inclusiveness. This progressive step taken by the apex court deserves commendation and support from all sections of society. The case was brought before the court by the Blue Diamond Society, representing individuals from the same-sex and transgender community, who argued that existing laws hindered the registration of same-sex marriages. Citing provisions of the Civil Code and the Constitution of Nepal that guarantee freedom to marry and equality for all citizens, the apex court in its ruling emphasized the importance of ensuring equal rights for same-sex couples.
It is worth noting that the SC had already paved the way for same-sex marriages between consenting adults in a previous ruling. However, the current Civil Code does not officially recognize such union, and there is a need for legal amendments to reflect the changing societal norms. Opposition to this decision has already surfaced, as is expected with any progressive change. It is important to recognize that society has been divided in the past when the court has made forward-looking decisions on issues such as inheritance rights and sexual freedom. Nevertheless, progress cannot be halted to cater to the conservative mindset. A liberal and democratic society must continue to embrace positive change.
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It is unfortunate that some religious fundamentalists oppose same-sex relationships, citing them as unnatural or irreligious. However, such opposition often comes from individuals who themselves engage in sexual misconduct. This exposes the radical hypocrisy that divides society in the name of religion or tradition, rather than promoting equality and justice. Acknowledging the reality of homosexuality and recognizing sexual diversity is essential for a just and inclusive society. Nepal's constitution itself acknowledges sexual diversity, making it unjust and unconstitutional not to recognize marriages between same-sex couples. The court's decision aligns with the constitutional provisions and paves the way for their implementation.
Nepali society has made commendable progress in terms of equality, inclusiveness, and personal freedom, outshining its neighbors in South Asia. This progress is a testament to the proud and tolerant character of Nepalese society, which must be preserved and further enhanced through increased social justice and progressiveness. In light of the court's decision, the government and parliament of Nepal should not oppose or challenge it. Instead, they should proactively work towards enacting a law that will give meaning to the court's decision and provide a solid legal framework for same-sex marriages. This is how a democratic and tolerant society is built, where all individuals are treated equally and their rights are protected. Nepal has taken a remarkable step forward in embracing equality and justice. Let us rally behind the progressive decision of the apex court and continue to strive for a society that values diversity, inclusiveness, and human rights for all.
