Mitini Initiative
Marriage equality writ petition
Mitini Nepal and Forum for Women, Law and Development together filed a petition in the Supreme Court on December 5, 2022 with the Government of Nepal
First hearing of Marriage equality writ petition
Mitini Nepal and Forum for Women, Law and Development together filed a petition in the Supreme Court on December 5, 2022 with the Government of Nepal, the Ministry of Law, and the Federal Parliament as the opposition, demanding the creation of a law allowing for marriage equality. As a result, the Constitutional Court’s first hearing was conducted on January 4, 2023, during which the Honorable Supreme Court demanded a show cause order.
Second hearing of Marriage equality writ petition
Mitini Nepal and Forum for Women, Law and Development together filed a petition in the Supreme Court on December 5, 2022 with the Government of Nepal, the Ministry of Law, and the Federal Parliament as the opposition, demanding the creation of a law allowing for marriage equality. As a result, the Constitutional Court’s first hearing was conducted on January 4, 2023, during which the Honorable Supreme Court demanded a show cause order. Following the first hearing, Government of Nepal, the Ministry of Law, and the Federal Parliament had submitted the written note on February 23, 2023.
Third hearing of Marriage equality writ petition halted
Mitini Nepal and Forum for Women, Law and Development had jointly filed a writ petition in the Supreme Court on December 5, 2022, making the Government of Nepal, The Ministry of Law and the Federal Parliament as defendants. The first hearing of the constitutional bench was conducted on January 4, 2023, second hearing on February 23,2023 and third hearing was scheduled to be held on May 31, 2023. However, due to special reasons, the date of hearing has been postponed to November 8, 2023. Again, the hearing which was scheduled on November 8 was postponed to February 14, 2024.
June 28, update about marriage equality
Recently the Supreme Court of Nepal has issued an interim order directing the Office of the Prime Minister and Council of Ministers and other concerned ministries to establish a transitional mechanism to ensure registration of marriage for the couples who belong to the sexual and gender minorities community. The decision has opened the way calling for necessary amendments to the provisions related to marriage within the Current Civil Code 2017. However, Mitini’s advocacy is for the equal recognition and rights of the same sex couples as other heterosexual couples because this interim order does not address the rights of LGBTI couples related to marriage such as the right to property and child adoption. Thus, further lobby and advocacy is needed to make the lawmakers acknowledge about this issue.