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 In 2007, Nepal repealed laws that criminalized gay sex and introduced legal protections explicitly addressing sexual orientation.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 respectednfigure 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.
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