Male to Male Relationships

Are male to male sexual relationships legal?
Legal

If unclear, how so?
Legal since 2007 when the Supreme Court ruled that the prohibition was in conflict with the constitution, but the judgment told the legislative body to repeal or amend the existing criminal provision, which has not yet occurred. The law is not being enforced.

Was it illegal at any given time in your country's history?
Yes

When was the law removed? (DD/MM/YYYY)
2007

What is the name of this law? (if applicable - please give chapter and section)
Nepal Country Code, Part 4, Chapter 16.

What is the full text of this law?
Chapter 16 deals with sex with animals, but paragraph 4 reads "In this chapter, not mentioned in other sections, anyone who does or makes someone practice unnatural sex may be sentenced to one-year jail or 5000 Nrs fine."

What exactly is prohibited?
There is no clear definition and no court judgments interpreting the section. The section was not enforced before the 2007 decision of the Supreme Court which said it was in conflict with the constitution.

What are the punishments?
No law

Incitement to hatred based on sexual orientation is prohibited?
No

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Female to Female Relationships

Are female to female sexual relations legal?
Legal

If unclear, how so?
The provision set out in the Male to Female section probably applied to Female to Female sex as well, but the provision was never enforced, so no definition of the scope of the section occurred. Since the Supreme Court judgment in 2007 the provision has been held to be in conflict with the constitution.

Was it illegal at any given time in your country's history?
Yes

What is the name of this law? (if applicable - please give chapter and section)
See section on Male to Male relationships.

Age of Consent

Is there a different age of consent law for lesbians and gay men to that for straight men and women?
Equal for heterosexuals and homosexuals

When was the law introduced? (DD/MM/YYYY)
2007

Freedom of association, of expression

What is the name of this law? (if applicable - please give chapter and section)
More than 25 LGBTI community based organization exist throughout Nepal. The first and leading LGBTI rights organization is the Blue Diamond Society. Sunil Pant, the founder of the Blue Diamond Society, and an out gay rights activist, was elected to the Nepal parliament and constituent assembly in April 2008, first time an 'out' person has been elected to national office in Asia.
Blue Diamond Society, Pink Mountain Travels and Torus, Nepal Tourism Board and many more are organizing a first Asian gay and lesbian tourism symposium in Nepal with the government support to officially welcome gay and lesbian travellers.
Blue Diamond Society, Pink Mountain Travels and Torus, Nepal Tourism Board and many more are organizing a first Asian gay and lesbian tourism symposium in Nepal with the government support to officially welcome gay and lesbian travellers.

Marriage and Substitutes for Marriage

If unclear, how so?
Nepal is committed to writing a new constitution and the fundamental rights committee has proposed equal rights, non discrimination, rights to marry, right to family/property, social security, legal ID to third genders and equal pay rights to LGBTIs for the new constitution.

LGBTI Families/Parenting

Unfortunately this part of the law questionnaire is currently empty. If you are a group and want to update this please contact countryreport@ilga.org.

Anti-discrimination laws

Does the law prohibit discrimination on the ground of sexual orientation?
No

In which areas?
Homosexuality and transgenderism has been legalized on 21 December 2007 by Nepal’s Supreme Court decision on the writ petition of Sunil Babu Pant. The court ordered the parliament to change the law, but that has not yet occurred.

Armed forces

Unfortunately this part of the law questionnaire is currently empty. If you are a group and want to update this please contact countryreport@ilga.org.

Asylum and Immigration

Prohibition on entry into the country by LGB people
No

Blood donation

Unfortunately this part of the law questionnaire is currently empty. If you are a group and want to update this please contact countryreport@ilga.org.

Gender identity

Is there a clear legal difference between homosexuality and transgenderism?
No

Laws prohibiting discrimination on the ground of gender identity
No

HIV/AIDS

Unfortunately this part of the law questionnaire is currently empty. If you are a group and want to update this please contact countryreport@ilga.org.