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Nepal: a commission recommended the legalization of gay marriage
(Blogmensgo, gay blog of February 18, 2015) A commission of experts presented to the Government of Nepal, February 9, 2015, a report suggesting the legalisation of same-sex marriage. The Nepal becomes the first country in Asia to allow marriages between same-sex couples.
The centre-left Government had established the commission of experts in 2010 to study the feasibility of gay and lesbian marriage in the country. The commission is chaired by Laxmi Raj Pathak, former Secretary of State for health and Population. This year, the Government was considering even to encourage LGBT tourists to marry in Nepal, although gay marriage has no legal value.
Experts appointed by the Government it is recommended there is an amendment of the Constitution, the laws and the criminal code so that the 'unnatural acts' are no longer considered criminal and sexual minorities will be more discriminated against with the blessing of a society strongly homophobic.
In their great majority, Nepali families refuse that homosexuality lives in broad daylight. They arrange, in the best of cases, to perform marriages of facade; and in the worst case, gays and lesbians suffer forced marriages.
The commission does not merely advocate a legislative change that would allow marriage between two men or two women. It is also necessary, she believes, to establish full equality of rights between couples gays and straights, even between all citizens. Including parenting, protection of children, social benefits, taxation and inheritance.
The conclusions of the panel of experts join a judgment of the supreme court, which on December 21, 2007 condemned the Government to give equal rights to sexual minorities. In 2008, the supreme Court of the Nepal already called on the Government to set up a commission to assess the feasibility of a legalization of gay marriage.
The only development since then legalised by the Nepal concerns trans and intersex people. Several official documents (passport, voter registration card, citizenship certificate, entry/exit from the territory form) allow to specify a sex not 'male' or 'female', but 'other '. The national census into account since 2011. Except that obtaining such official documents, despite their perfect legality, is still the obstacle course.
Sunil Babu Pant, first member of Nepalese Parliament openly gay and founder of a LGBT organization called the Blue Diamond Society, has welcomed the content of the report.
"It is tremendous news. This report is very good and it is based on justice and equality. » Sunil Babu Pant
"This is such fantastic news. "The report is very good and is based on justice and equality." Sunil Babu Pant
Commented on.The Committee of experts has delivered a 150-page report, which perhaps explains the slowness of its gestation.
Neither the Government nor the political parties have indicated yet as to what home they will give to this report - which the recommendations have no legally binding character.
This article has been translated from our French blog, to view the original, click here.