Abstract
Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have experienced significant advancements in the 21st century. In 2007, Nepal repealed laws that criminalized gay sex and introduced legal protections explicitly addressing sexual orientation. These changes were accompanied by the recognition of LGBT rights as fundamental rights in the Nepalese Constitution. On June 28, 2023, Justice Til Prasad Shrestha, a single judge bench, legalized same-sex marriage nationwide. Nepal became the first South Asian country and the first internationally recognized Asian country to legalize same-sex marriage, as well as the first least developed nation to do so.
The move toward legalizing same-sex marriage had been underway in Nepal since a ruling by the Supreme Court in late 2007. Expectations were high that the 2015 Constitution would explicitly incorporate this provision, although it did not explicitly address same-sex marriage despite recognizing the equal rights of marginalized communities, which includes Nepal's LGBT population.
The Nepalese Constitution, approved by the Constituent Assembly on September 16, 2015, encompasses various provisions safeguarding the rights of LGBT individuals. These include the right to obtain a citizenship certificate according to one's gender identity, the prohibition of discrimination based on any ground, including sex, by both the State and private entities, eligibility for special protections as outlined by law, and the right to access public services for gender and sexual minorities.
Nepal is often regarded as a role model for LGBT rights in South Asia due to its more tolerant legal framework. However, compared to India, Nepal has been slower in enacting laws specifically supporting transgender individuals. Despite the existence of supportive laws and constitutional provisions, LGBT people in Nepal continue to face social discrimination. There is significant societal pressure to conform to heteronormative expectations and marry partners of the opposite sex.
Turning to the Buddhist perspective, Buddhism encompasses a diverse array of beliefs and practices, resulting in varying views on same-sex relationships. In certain traditional Buddhist societies, homosexuality has been historically stigmatized due to cultural norms and conservative interpretations of religious texts. However, it is important to note that such attitudes are not inherent to Buddhism itself but rather shaped by the social contexts in which Buddhism is practiced.
In recent times, many Buddhist communities and scholars have embraced more inclusive and accepting attitudes towards LGBTQ+ individuals and same-sex relationships. They argue that Buddhism's core teachings, emphasizing compassion, love, and understanding, should extend to all beings irrespective of sexual orientation or gender identity. Modern progressive Buddhists advocate for non-discrimination, empathy, and acceptance. They may interpret traditional Buddhist teachings in ways that embrace diversity and support LGBTQ+ rights and equality.
The Dalai Lama, a highly respected figure and the spiritual leader of Tibetan Buddhism, has acknowledged that traditional Buddhist teachings may consider same-sex relationships as inappropriate. However, he emphasizes the importance of treating LGBTQ+ individuals with love, respect, and equality, asserting that everyone, regardless of sexual orientation, deserves human rights and dignity.
As with any religion or philosophical system, Buddhism continues to evolve and adapt to the changing world, including attitudes towards same-sex relationships. Different Buddhist communities and individuals may hold varying viewpoints, with some being more accepting and inclusive than others. When engaging with this topic, it is crucial to approach it with an open mind, acknowledging the diversity of perspectives within the Buddhist tradition.
1. Introduction
Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have experienced significant advancements in the 21st century, positioning the country as a progressive leader in South Asia. In 2007, Nepal repealed laws that criminalized gay sex and introduced legal protections explicitly addressing sexual orientation. These changes were accompanied by the recognition of LGBT rights as fundamental rights in the Nepalese Constitution. On June 28, 2023, Justice Til Prasad Shrestha, a single judge bench, legalized same-sex marriage nationwide. Nepal became the first South Asian country and the first internationally recognized Asian country to legalize same-sex marriage, as well as the first least developed nation to do so.
The move toward legalizing same-sex marriage had been underway in Nepal since a ruling by the Supreme Court in late 2007. Expectations were high that the 2015 Constitution would explicitly incorporate this provision, although it did not explicitly address same-sex marriage despite recognizing the equal rights of marginalized communities, which includes Nepal's LGBT population.
This comprehensive academic analysis examines the legal and constitutional framework for LGBT rights in Nepal, the ongoing challenges facing the community, and the diverse perspectives within Buddhism regarding same-sex relationships and gender diversity. The investigation proceeds through several interconnected dimensions: the historical development of LGBT rights in Nepal, the constitutional and legal protections currently in place, the gap between legal recognition and social acceptance, and the varying interpretations of Buddhist teachings on sexual orientation and gender identity.
2. The Historical Development of LGBT Rights in Nepal
2.1 The 2007 Supreme Court Ruling
The modern movement for LGBT rights in Nepal can be traced to the activism of Sunil Babu Pant, who came out publicly at the age of 29 and in 2001 formed the Blue Diamond Society, Nepal's first LGBT organisation. In 2008, the Supreme Court of Nepal, in Sunil Babu Pant and Others v. Government of Nepal and Others, granted legal recognition to Nepal's third gender, in addition to decriminalising homosexuality and permitting same-sex marriage.
The 2007 petition resulted in a ruling that Pant describes today as "fantastic." Not only was a third gender legalized, but the Supreme Court ordered other branches of government to terminate all discriminatory measures against the LGBTQ community and to establish a committee tasked with analyzing the possibility of legalizing non-traditional marriage in Nepal. As Pant recalls, "The committee was formed, its members even went to Norway to study how same-sex married couples live. In 2015, the committee submitted their report to the government stating that Nepal should implement full marriage equality. Since then, the government and the parliament did nothing."
2.2 The 2015 Constitution
The Nepalese Constitution, approved by the Constituent Assembly on September 16, 2015, encompasses various provisions safeguarding the rights of LGBT individuals. These include the right to obtain a citizenship certificate according to one's gender identity, the prohibition of discrimination based on any ground, including sex, by both the State and private entities, eligibility for special protections as outlined by law, and the right to access public services for gender and sexual minorities.
The Constitution provides that "there shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonial status, pregnancy, economic condition, language or geographical region, or ideology or any other such grounds." While there are no specific provisions detailing equality rights for sexual minorities or those living in same-sex relationships, that protection has been read into this provision by the Supreme Court.
The Constitution also permits special provisions by law for the protection, empowerment or advancement of sexual minorities and other marginalized groups, and guarantees the right to employment in State structures for sexual minority groups. However, the Constitution did not explicitly address same-sex marriage, despite expectations that it would incorporate this provision.
2.3 The 2023 Supreme Court Interim Order on Same-Sex Marriage
On June 28, 2023, the Supreme Court's Justice Til Prasad Shrestha issued a groundbreaking interim order, instructing the government to put in place a transitional mechanism allowing the registration of same-sex and other non-traditional marriages. As Nepal, since 2007, officially recognizes three genders, male, female, and other, the ruling effectively allowed six different types of marriage to be registered.
The verdict was met with praise from human rights campaigners both in Nepal and internationally, but it has not changed the reality on the ground. On July 13, 2023, a same-sex couple went to the Kathmandu District Court to register their union but the court refused, quoting the 2017 Civil Code, which restricts state-recognized marriage to heterosexual couples.
The couple and their lawyers appealed the decision to the High Court, which now has three options: accept or overturn the decision of the Kathmandu District Court, or pass the case to the Supreme Court again, so it can issue an instruction on how and by which institutions non-traditional marriages are to be registered. Following the Supreme Court's interim order, the Ministry of Home Affairs issued a circular on April 24, 2024, allowing local governments to proceed with documentation.
3. The Legal Framework for LGBT Rights in Nepal
3.1 Constitutional Protections
The Nepalese Constitution provides several key protections for LGBT individuals:
1. Right to Non-Discrimination: The State shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology, and such other matters.
2. Special Provisions for Sexual Minorities: The Constitution permits special provisions by law for the protection, empowerment or advancement of sexual minorities and other marginalized groups.
3. Right to Employment: Socially backward women, Dalits, Adibasi, Janajati, Madhesi, Tharu, minority groups, persons with disability, marginalized groups, Muslim, backward classes, gender and sexual minority groups, youths, peasants, laborers, the oppressed and the citizens of backward regions, and economically poor Khas Arya shall have the right to employment in state structures on the basis of the principle of inclusion.
4. Right to Privacy: The Supreme Court has held that gender identity and sexual orientation are private matters falling within each citizen's right to privacy.
3.2 Legal Recognition of Gender Identity
Nepal has long been viewed as a beacon for LGBTIQ people's rights in South Asia due to early Supreme Court decisions and constitutional protections. A 2007 ruling decriminalized consensual same-sex sexual activity and directed legal recognition of a third gender category, enabling "O/Other" gender markers on passports and IDs.
Transgender people can use a third gender marker on official documents based on self-identification, and in 2024, the Supreme Court required recognition of a trans woman as a woman without medical intervention, signaling progress toward less medicalized gender recognition. However, binary gender marker changes still lack clear administrative procedures, and barriers persist in practice.
3.3 Incomplete Legal Protections
Despite Nepal being progressive in its legislation related to LGBTQI+ rights compared to the rest of South Asia, non-governmental organizations and activists have made it clear that these political advances have not necessarily translated into changes in the larger society. LGBTQI+ individuals in Nepal still experience significant discrimination and violence in all aspects of their lives, most notably in employment and healthcare.
There are no laws protecting same-sex marriage in Nepal, nor is there legal recognition for the practice. There have been marriage ceremonies performed between same-sex couples as well as ceremonies performed for those who identify as neither male nor female, however, these marriages are not officially legally recognized. The Criminal Code provision related to rape provides no recognition for same-sex rape survivors or for gender minority survivors, only recognizing male against female rape.
Intersex persons in Nepal face human rights violations related to bodily autonomy and physical integrity, are invisibilized in school curricula, and encounter legal uncertainty as a result of laws that are based on cisheteronormative female/male binaries. Some intersex people have noted the harm caused by religious beliefs that attribute innate physical intersex traits to "misdeeds or sins committed in a previous life"; these beliefs contribute to discrimination, ostracization, and violence, including infanticide and medically unnecessary interventions on intersex infants and children.
4. Social Discrimination and Challenges
4.1 Persistent Social Stigma
Despite the existence of supportive laws and constitutional provisions, LGBT people in Nepal continue to face social discrimination. There is significant societal pressure to conform to heteronormative expectations and marry partners of the opposite sex.
Although LGBTIQ individuals still face harassment, stigmatization, and discrimination due to societal taboos, authorities actively seek to improve the recognition of their rights. In June 2021, Nepal included LGBTIQ people for the first time in the national census, helping them gain better access to social security, health, and education schemes.
4.2 Marriage Equality Implementation Challenges
The fight for marriage equality in Nepal dates back to 2007, but subsequent governments have failed to act. A committee was formed to study the possibility of legalizing same-sex marriage, but after submitting a report stating that Nepal should implement full marriage equality, "the government and the parliament did nothing."
Pant, who actively campaigns on that issue among the political class, diplomatically described the positions of various parliamentary groups as "lazy support" for the LGBTQ community. He underlined that none of the political parties are openly hostile toward marriage equality, but he also perceives the subject as being silenced due to the challenge non-traditional unions pose to the deeply-rooted Nepalese patriarchy.
The bureaucratic and political gridlock is compounded by the caste system, with one journalist noting that privileged castes are "bringing personal bias and communal bias to influence the decision" on LGBTQ rights.
4.3 The Gap Between Legal Recognition and Practical Reality
Same-sex couples who have been able to register their marriages face ongoing challenges. As one transgender man explained, "My partner can't get citizenship through me... We still don't have joint property rights or any of the legal protections other hetero married couples enjoy." The temporary marriage certificates do not yet grant full spousal rights like inheritance, adoption, joint taxation, or medical decision authority, and enforcement remains uneven.
5. The Buddhist Perspective on LGBT Rights
5.1 Diversity of Views Within Buddhism
Buddhism encompasses a diverse array of beliefs and practices, resulting in varying views on same-sex relationships. In certain traditional Buddhist societies, homosexuality has been historically stigmatized due to cultural norms and conservative interpretations of religious texts. However, it is important to note that such attitudes are not inherent to Buddhism itself but rather shaped by the social contexts in which Buddhism is practiced.
According to some scholars, early Buddhism appears to have placed no special stigma on homosexual relations, since the subject was not mentioned. In the early sutras of Buddhism, "accepted or unaccepted human sexual conduct" for laypersons "is not specifically mentioned." Early Buddhism appears to have been silent concerning homosexual relations.
5.2 Monastic Rules and the Pandaka Category
Within the earliest monastic texts such as the Vinaya, male monks are explicitly forbidden from having sexual relations with any of the four genders: male, female, ubhatovyañjanaka and paṇḍaka. The word paṇḍaka is a complex category that is variously defined in different Buddhist texts. In the earliest texts, the word seems to refer to a socially stigmatized class of trans-feminine and/or cross-dressing people, some of whom may have been sex workers.
Several Theravada Buddhist texts state that the members of the paṇḍaka are excluded from a variety of Buddhist practices, including ordination, acting as preceptors in ordination ceremonies, making donations to begging monks, meditating, and ability to understand the Dharma. However, some modern commentators interpret the word ubhatovyanjañaka as including those who are not physically intersex, but display behavioral and psychological characteristics of both sexes, such as a woman who is attracted to other women.
5.3 Contemporary Progressive Buddhist Perspectives
In recent times, many Buddhist communities and scholars have embraced more inclusive and accepting attitudes towards LGBTQ+ individuals and same-sex relationships. They argue that Buddhism's core teachings, emphasizing compassion, love, and understanding, should extend to all beings irrespective of sexual orientation or gender identity. Modern progressive Buddhists advocate for non-discrimination, empathy, and acceptance.
One contemporary Buddhist teacher explains: "Homosexuality is not rejected within Buddhism. In Buddhist philosophy, any activity that does not help you progress towards enlightenment is marked by suffering. This is the case with homosexuality, and in fact with any sexuality activity for pleasure or procreation. Gay people therefore do not need to be converted to become straight. That is just the form their sexuality takes in this current life."
A Tibetan Buddhist Encyclopedia states: "With its emphasis on psychology and cause and effect, Buddhism judges acts, including sexual acts, by the intention behind them and the effect they have. A sexual act motivated by love, mutuality and the desire to give and share would be judged positive no matter what the gender of the two persons involved. Therefore, homosexuality as such is not considered immoral in Buddhism or against the third Precept."
5.4 The Dalai Lama's Position
The Dalai Lama, a highly respected figure and the spiritual leader of Tibetan Buddhism, has acknowledged that traditional Buddhist teachings may consider same-sex relationships as inappropriate. However, he emphasizes the importance of treating LGBTQ+ individuals with love, respect, and equality, asserting that everyone, regardless of sexual orientation, deserves human rights and dignity.
In a June 1997 meeting with gay and lesbian scholars and activists, when asked directly about the origin of Buddhist teachings on homosexual partners, the Dalai Lama candidly responded, "I don't know." He went on to say that some sexual-misconduct codes may have been left over from ancient India and the social mores of that time. Noting that homosexual behavior occurs among animals, he urged gay activists to take their questions and concerns to the world's Buddhist communities and leaders. Soon after the meeting, the Dalai Lama issued a press release from the Office of Tibet opposing "violence and discrimination based on sexual orientation" and urging "full recognition of human rights for all."
5.5 Buddhism and Nepali Cultural Context
As Hinduism and Buddhism are non-centralized religions, and their traditions of matriarchal origins recognize as many as six different genders, non-traditional unions are not uncommon in the temples of Nepal. Pant has highlighted that it is marriage inequality that would actually be difficult to reconcile with Nepali tradition, stating: "Marriage is between two souls, and there is no guarantee that one will reincarnate with the same gender. So what then?"
However, Sunil Babu Pant, who converted to Buddhism in 2021 and began training as a monk, has been critical of the stance among some Buddhists that intersex people should not be included within the religion. This reflects the ongoing debate within Buddhist communities about inclusion and interpretation of traditional teachings.
6. Conclusion
Nepal has emerged as a progressive leader in South Asia for LGBT rights, with significant legal and constitutional advancements including the decriminalization of homosexuality, recognition of a third gender, and a Supreme Court interim order allowing same-sex marriage registration. However, the gap between legal recognition and practical reality remains substantial, with persistent social discrimination, bureaucratic obstacles, and incomplete legal protections.
The Buddhist perspective on LGBT issues is diverse and evolving. While traditional monastic texts contain categories that may be interpreted as excluding certain gender and sexual minorities, contemporary progressive Buddhist scholars and communities emphasize the core teachings of compassion, love, and understanding as extending to all beings regardless of sexual orientation or gender identity. The Dalai Lama's position exemplifies this evolution, acknowledging traditional teachings while calling for full recognition of human rights for LGBTQ+ individuals.
As with any religion or philosophical system, Buddhism continues to evolve and adapt to the changing world, including attitudes towards same-sex relationships. Different Buddhist communities and individuals may hold varying viewpoints, with some being more accepting and inclusive than others. When engaging with this topic, it is crucial to approach it with an open mind, acknowledging the diversity of perspectives within the Buddhist tradition.
The path forward for Nepal requires continued activism, legal reform, and social change to ensure that the constitutional protections and legal advancements translate into genuine equality and dignity for all LGBT individuals. Buddhist teachings on compassion, non-discrimination, and the recognition of diverse gender identities can provide a valuable resource for this ongoing struggle.
7. Bibliography
Primary Sources
Constitution of Nepal 2015. https://lawcommission.gov.np/en/.
Sunil Babu Pant and Others v. Government of Nepal and Others. Supreme Court of Nepal, 2008.
Supreme Court Interim Order on Same-Sex Marriage. June 28, 2023.
Secondary Sources
"Sunil Babu Pant." Wikipedia. https://en.wikipedia.org/wiki/Sunil_Babu_Pant.
"Buddhism and Sexual Orientation." Wikipedia. https://en.wikipedia.org/wiki/Buddhism_and_sexual_orientation.
"In Nepal, the LGBTQ Community's Fight for Marriage Equality is Far From Over." The Diplomat, July 27, 2023.
"Officials and activists push for marriage equality reforms." The Kathmandu Post, July 24, 2025.
"Homosexuality and Theravada Buddhism." A. L. De Silva. https://buddhism.lib.ntu.edu.tw.
"Buddha's way." Steve Peskind, Advocate, July 22, 1997.
Nepal Country Conditions Report. International Human Rights Program, University of Toronto, March 31, 2023.
Nepal Country Overview. Outright International. https://outrightinternational.org.
"Homosexuality." Tibetan Buddhist Encyclopedia. https://www.tibetanbuddhistencyclopedia.com.
"Tsem Rinpoche on Homosexuality." Tsem Tulku Rinpoche, 2016.
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