Progressive laws and regressive mind-sets

In Nepal, belonging to the LGBTQIA+ community often means living between two difficult realities: The constitution pledging "equality" but not defending LGBTQIA+ individuals from violence and stigma, and a society that smiles at diversity only on posters while whispering insults at family dinners.

- TIKA RAM BHUSAL

Most LGBTQIA+ people spend all their adolescence hiding bruises under school uniforms, adulthood couch-surfing after getting kicked out by their parents, and middle adulthood nursing untreated anxiety and depression because "real men don't cry" and "good women marry". The loneliness is so heavy, it starts to feel like part of who you are.

As an LGBTQIA+ individual enters adolescence or early adulthood, they often begin to experience a range of mental health challenges stemming from confusion, fear and social pressure related to their identity. Therefore, negative perceptions, misinformation and disinformation within families and society, rejection of identity, and experiences of violence, stigma and discrimination have all contributed to a serious and growing mental health crisis within the Nepali LGBTQIA+ community.

Nepal is one of the most progressive countries in Asia when it comes to LGBTQIA+ rights. The Constitution of Nepal 2015 has acknowledged same-sex marriage under its fundamental rights. Articles 12, 18 and 42 of the constitution, which guarantee fundamental rights related to citizenship, equality and social justice, reflect the country's strong commitment to inclusion and protection of gender and sexual minorities. The Supreme Court's landmark 2007 decision opened doors for the recognition of a third-gender identity, and a 2023 interim order allowed same-sex (LGBQIA+) couples to register for marriage temporarily.

While homosexuality remains criminalized in 64 countries worldwide, and punishable by death in 10, Nepal stands out as a progressive exception. The country has never criminalized consensual same-sex relationships or the identities of LGBTQIA+ individuals. Furthermore, the apex court has issued seven landmark rulings in favour of the gender and sexual minority community, contributing significantly to the gradual improvement of the legal and social environment for LGBTQIA+ individuals.