WEIRD DEFINITION OF MARRIAGE IN NEPAL, DISCRIMINATORY

Source: http://gayactivistsalliance-asiapacific.org

The definition of 'marriage' narrated by the Supreme Court of Nepal in connection to issuing an interim order on the writ petition regarding Single Women (widow) Marriage case filed by Lili Thapa, including vs. Government of Nepal on 2066/10/05BS (18/01/2010AD) that "Marriage is an act of creating a legal union of a social, emotional and legal nature between two grown adults, man and women, who have attained the age of 20, except homosexuals" has drawn the attention of sexual and gender minorities of Nepal.

The order is contrary to the Court's directive order made previously by itself on 2064/09/06BS (21/12/2007AD) in the case of Sunil Babu Pant vs. Government of Nepal having Writ No. 917 of the year 2064 BS (2007 AD) which paves the way to allow same sex marriage in Nepal. On the basis of the directive order, Nepal government has formed a committee to study the issue of homosexual and third gender marriage in Nepal. Since the interim order issued on the writ petition of single women marriage case might cause undue influence resulting negative impact on the undergoing study of Same Sex Marriage Committee, an application was submitted by Sunil Babu Pant, the Hon'ble Constituent Assembly Member and Executive Director of Blue Diamond Society (BDS) to correct the error of the interim order. On the application demand submitted thereby for correction of such order, the Supreme Court has made a reorder on 2066/10/14BS (27/01/2010AD) clarifying that the words "Except Homosexual" are deemed irrelevant and omitted from the interim order and the 'marriage' interpreted in the case of writ petition filed by Lili Thapa on behalf of MANAB ADHIKARKA LAGI AKAL MAHILA SAMAJ (an organization working for single women (widow) refers to the Widow Marriage but not to the Same Sex Marriage. So, this amendment made on the interim order of the single women' marriage case has accepted the provision of homosexual/third gender marriage and we, through this press release, would like to welcome the reorder made in the respectable Supreme Court of Nepal. 

Additionally, Government of Nepal has mentioned a separate column for the third gender in the House/Family List of the form prepared by Central Statistics Bureau for forth-coming National Public Census-2068BS (2011AD). We believe that such acknowledgment will help contribute to ensuring further justice to the third gender community of Nepal.

Sunil B Pant
Member of Constituent Assembly and Parliament

BLOGGER COMMENTS:

This is purely discriminatory, made by the people in government in Nepal. Of all people, why homosexuals? They could have just stated between a man and a woman and no more exceptions but they chose to include homosexuals as those excluded in the definition.

The Nepalese government is indeed doing injustice to our sector. To the Supreme Court of Nepal, here is a piece of advise, DIE, YOU DONT DESERVE TO INTERPRET THE LAW AS YOU DO NOT RESPECT HUMAN RIGHTS AND INSENSITIVE TO PEOPLE WHOM YOU ARE SUPPOSED TO SERVE AND PROTECT...