Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.
On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict. The first marriage of a trans woman and a cisgender man occurred in November 2023.
On 24 April 2024, the National ID and Civil Registration Department issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into the separate register. The temporary registration does not grant same-sex couples the same legal rights and recognition as opposite-sex couples. Same-sex couples cannot inherit property, receive tax subsidies, make spousal medical decisions or adopt children, among others. It is not known if all local governments are complying with the instruction of the National ID and Civil Registration Department.
Prior to March 2023, and based on a ruling of the Supreme Court of Nepal in late 2007, the government was considering the legalization of same-sex marriage. According to several sources, the Constitution of 2015 was expected to include it. Although the Constitution explicitly says that "marginalized" communities are to be granted equal rights under the law, and that Nepal's LGBT people fall into this category, it does not explicitly address the right of same-sex marriage.
The Nepalese Constitution, approved by the Constituent Assembly on 16 September 2015, includes several provisions pertaining to the rights of LGBT people. These are the right to acquire a citizenship certificate in accordance with one's gender identity, a prohibition on discrimination on any ground including sex by the State and by private parties.
Despite some laws and provisions protecting third gender people, LGBT people still face societal discrimination in Nepal and there is significant pressure to conform and to marry a partner of the opposite sex. Some observers accused the media and activists of pinkwashing and spreading disinformation about same-sex marriage and LGBT rights in Nepal. As of June 2025, gender-affirming surgeries are available in Nepal.
Various forms of conversion therapy are practiced in Nepal including treatment in rehabilitation centres and traditional Nepalese exorcism by family members.
According to a 2021 study, LGBTQ individuals in Nepal face severe discrimination, social isolation, and human rights violations. LGBTQ people face social stigma both by family, employment, and healthcare settings.
In April 2026, Balen Shah assumed the office of Prime Minister, after his party won an overwhelming majority in the February 2026 elections. Many in the LGBTQ community criticized him over a rap video on YouTube in which he used derogatory and homophobic hate speech, calling for a public apology and the removal of the video. Following their demands, there has been a significant increase in derogatory comments, hate speech, and death threats directed at the LGBTQ community by supporters of the newly elected Prime Minister.
Terminology The term LGBTI is increasingly used in Nepal, rather than just LGBT, with the I denoting intersex people. The term "gender and sexual minorities" () is used in the Constitution of Nepal. Among young Nepalis, the terms "queer" (Q) and "MOGAI" (Marginalized Orientations, Gender Identities, and Intersex) are also used. Certain activists have also coined an acronym PoMSOGIESC, standing for "people of marginalized sexual orientation, gender identity & sex characteristics", to encompass a larger spectrum of identities beyond the LGBT terminology.
LGBTQI+ terminology exists alongside indigenous terminologies for identifying sexual and gender minorities. This vocabulary includes terms like meti, fulumulu, and kothi, among many others. While academic sources tend to favor Western, LGBTQI+ terminologies over indigenous ones, many individuals prefer indigenous terms.
Other terms include:
mahilaa samalingi - lesbian purush samalingi - gay duilingi - bisexual tesro lingi - transgender antaralingi - intersex
Legality of same-sex sexual activity Prior to 2007, same-sex relations between consenting adults was considered to be a crime. Article 1 of Chapter 16 of the 1963 National Code, referred to as Muluki Ain, criminalized aprākṛtik (unnatural sexual intercourse). As a result, same-sex sexual activity, which was considered "unnatural" at the time, could have a jail sentence of up to 1 year and many Nepalese LGBTQI+ people were arrested under this law.
This framework shifted in December 2007 when the Supreme Court of Nepal ruled that same-sex sexual intercourse was not to be construed as "unnatural" in Sunil Babu Pant and Others v. Nepal Government case. The ruling effectively decriminalized homosexuality in Nepal. Although Nepal's new Criminal Codes Act (2017), which replaced the Muluki Ain, continues to criminalize "unnatural sex", it should be read in light of the Court's ruling which states homosexuality is not considered to be "unnatural".
The age of consent in Nepal is 18, regardless of gender or sexual orientation.
Recognition of same-sex relationships
Sunil Babu Pant and Others v. Nepal Government One of the first cases to determine the shift in legislation regarding LGBTI rights in Nepal was the 2007 Supreme Court case Sunil Babu Pant and Others v. Nepal Government.
In April 2007, a coalition of organizations representing LGBTI Nepalis filed a writ petition under Article 107 (2) of the Interim Constitution of Nepal. The petition, filed by the Blue Diamond Society, Mitini Nepal, Cruse AIDS Nepal and Parichaya Nepal, expressed "dissenting view with the prevalent societal structures or norms as well as legal provisions adopted by the state based on the interest of majority people". The petition asked that Nepal officially recognize "transgender individuals as a third gender, prohibit any discriminatory laws on the basis of sexual orientation and gender identity, and invest due finances for reparations by the State to victims of State violence and discrimination".
On 21 December 2007, the Supreme Court ruled that the government must create laws to protect LGBTI rights and change existing laws that are tantamount to discrimination. Based on the Yogyakarta Principles and the Special Procedures of the UN Human Rights Council, the court concluded that sexual orientation is to be defined by one's self-identification and a natural process rather than a result of "mental, emotional or psychological disorder". While not explicitly legalizing same-sex marriage, the ruling instructed the government to form a committee to look into "decriminalizing and de-stigmatizing same-sex marriage".
Response to the ruling A bill to legalize same-sex marriage was drafted and scheduled to be introduced by 2010. In the drafting of the new Nepalese Constitution, same-sex marriage and protection for sexual minorities were also expected to be established. However, negotiations on the new Constitution failed and Prime Minister Baburam Bhattarai dissolved the 1st Nepalese Constituent Assembly on 28 May 2012 in preparation for new elections. Ultimately, when the Constitution was finally adopted in 2015 by the 2nd Nepalese Constituent Assembly, it did not address same-sex marriage. Furthermore, the new Nepali Civil Code, which came into effect in 2017, did not solidify same-sex marriage. Instead it specifically defined marriage as being between partners of the opposite sex As a result, activists and legal scholars have criticized the Civil Code as being contrary to the Supreme Court guidelines.
Even with these legal setbacks, there was some progress in regards in same-sex marriage becoming legalized in Nepal. In 2017, the first transgender couple in Nepal was able to register their marriage and receive a marriage certificate from officials, even though Nepal did not have any existing laws pertaining to transgender unions. Other judicial cases also continued to expand rights, recognizing foreign same sex marriages between Nepali citizens and foreigners for immigration and residency reasons.
On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha, a judge at the Nepali Supreme Court, issued a historic order directing the government to establish a separate register of marriages for non-traditional couples and sexual minorities, and to begin temporarily registering their marriages. While, the full bench of the Supreme Court has yet to deliver a final verdict, this was a landmark decision in terms of setting the stage for same-sex marriage to become legal in Nepal. While some critics believed that Justice Til Prasad Shrestha overstepped his functions and abused his authority, other communities celebrated. It is estimated that around 200 third gender activists went back to their villages to register their marriages. These marriage registrations are provisional and won't be permanent until a final decision is made by the Supreme Court.
There have been difficulties with implementing this new order in Nepal. For example, in July 2023, the Kathmandu District Court rejected a marriage registration application filed by a Nepali couple despite the ruling. In response, third gender activist Sunil Babu Panta stated, "The court's action is not only a blow to the sexual minority community, but it also dishonored the Til Prasad Shrestha's order...We will knock on the doors of the Supreme Court as soon as possible to dry our tears."
Still, on November 29, 2023 Nepal became the second Asian country (besides Taiwan) to register a same-sex marriage. Furthermore in April 2024, Nepal's National ID and Civil Registration Department notified all local marriage registration authorities instructing them to enter all same-sex marriages into the separate register and start issuing marriage registrations for LGBTQI+ people. According to Blue Diamond Society, a LGBTQI+ activist group, as of June 2025 there have been at least 17 documented queer marriages.
However due to the temporary registration status, marriage registration doesn't grant same-sex couples in Nepal the same legal rights and recognition as opposite-sex couples. Same-sex couples cannot inherit property, get tax subsidies, make spousal medical decisions or have the ability to adopt children. They are also labeled as "groom and bride" on the marriage certificate. It is also not known if all local governments are complying with the instruction of the National ID and Civil Registration Department.
Gender recognition On 31 October 2021 twenty nine LGBT and intersex rights organizations, two federations, five loose networks and others have collectively proposed an Act regarding Gender Identity, 2021. Queer Youth Group, an LGBT rights organization, has filed several writ petitions at the Supreme Court of Nepal demanding legal recognition of gender identity. On 2022 March 29, the group proposed A Directive on Gender Recognition for Intersex People, A Directive on Gender Recognition for transgender men and transgender women and A Directive on Gender Recognition for Non-Binary and Third Gender People, proposed to be promulgated by the Supreme Court.
Third gender recognition