The Australian Volunteers Program strives to provide a safe, supportive and equitable environment for LGBTQIA+ volunteers, approved accompanying dependents, partner organisations and all program staff. The Australian Volunteers Program has supported queer volunteers in all program countries and has ongoing connections with community organisations in many countries and regions in which the program operates.
This guide introduces a snapshot of the local context for queer and gender diverse people. LGBTQIA+ program participants must be aware of the country context before undertaking an assignment. If you are an LGBTQIA+ volunteer, you will need to:
- do your own research and understand what the local law says you can and can't do when in-country
- follow the local laws, even if you disagree with them
- be aware of the legal protections for LGBTQIA+ people in your destinations
- consider if you’re comfortable living and working in a place where you may not be able to live as openly as you can in some parts of Australia.
Language
Terminology may differ across urban and rural contexts, provinces or ethnic and cultural groups. Information sourced online can be outdated or inaccurate. For current and accurate information, please confirm with an appropriate civil society organisation (CSO) or ask your in-country team.
Legal and policy context
In 2007, the Supreme Court ruled that the legal prohibition against ‘unnatural sex’ did not extend to consensual same-sex sexual acts. This judgement marked the de facto decriminalisation of homosexuality in Nepal. Since 2015, the Nepalese constitution has recognised gender and sexual minorities as having a right to social justice. This makes it illegal for the state to discriminate against LGBTQIA+ people, while also recognising the need for empowerment and development initiatives.
The 2007 Supreme Court case also established the principle of gender self-identification. As a result, the Nepalese government began to issue citizenship certificates with a ‘third gender’ category, regardless of how applicants self-identified. A 2017 Supreme Court ruling compelled the government to issue third-gender passports. Though nominally accepted by the state, these legal victories have generated pushback. In 2019, a Bill was tabled in the House of Representatives that would require proof of a ‘sex change’ before official documentation could be amended. Despite this, the Nepalese judiciary upholds the principle of gender self-identification, with neither a medical diagnosis nor a surgical transition required for amending documentation. In 2024, activist Rukshana Kapali won the right to be legally recognised on documents as a woman, rather than as ‘third gender’. These judgements have been heralded as victories, but inconsistent implementation or refusal to comply has prevented LGBTQIA+ Nepalese from achieving meaningful equality.
In 2023, the Supreme Court ordered the state to establish a system for registering same-sex marriages, based on the constitutional right to equality, but the government has failed to do so. A lack of procedural clarity has been used to deny the registration of same-sex marriages, though some local districts have now adhered to the Supreme Court’s directive. The legal status of these marriages is unclear until existing policies are amended. There have also been reports of same-sex couples being mistreated by state officials when trying to register marriages.
Discrimination
Nepal’s constitution establishes the right to equality and justice for all citizens, as well as guaranteeing freedom of expression and association. It also prohibits the state from discriminating against ‘gender and sexual minorities’. Despite this progressive framework, there are no laws protecting against discrimination in education, employment, healthcare and the provision of goods and services based on gender and/or sexual identity or protecting against hate crimes, incitement to hatred, or violence. Moreover, the current wording of Nepalese laws makes it difficult, sometimes impossible, for LGBTQIA+ people to access justice. For example, the penal code uses binary language to define victims and perpetrators of rape, thereby preventing male survivors from seeking redress and relegating transgender, gender-nonconforming and intersex people to a legal grey area.
Research and anecdotal evidence suggest that anti-LGBTQIA+ views remains widespread, especially in rural areas. Discrimination primarily takes the form of verbal harassment and exclusionary practices, often targeting those considered to be ‘indiscreet’ or perceived as violating heteronormative expectations. Physical and sexual violence against LGBTQIA+ people has been documented, including sporadic murders. The risk of coercive behaviours within family settings is high, though the level of risk can fluctuate depending on age, socioeconomic status, education level and place of residence.
Cultural and societal attitudes
While attitudes towards LGBTQIA+ people remain conservative, there have been encouraging shifts in recent years, with the queer community becoming more visible in some arenas. Well-known activists such as Sunil Babu Pant, Asia’s first openly gay parliamentarian, have been at the forefront of these efforts. Pant and others have drawn on Nepalese cultural traditions, such as the annual Gai Jatra Festival, to promote equality and respect. The inclusion of transgender contestants in popular beauty pageants has also brought positive attention to gender diversity.
Children are expected to reach adolescence and then find a partner for marriage. LGBTQIA+ people are often pressured to enter heterosexual partnerships to ‘save face’ within the community.
Cisgender men dominate public spaces in Nepal, whereas cisgender women are expected to limit their time in the public sphere, making it harder for them to ‘come out’ as lesbians.
Health and wellbeing
LGBTQIA+ people, particularly the transgender community, are hesitant to access healthcare services in fear of confidentiality breaches or discrimination. HIV/AIDS is a significant issue in the community, yet stigma and discrimination make it hard for transgender people and men who have sex with men (MSM) to access appropriate health care.
CSOs like Blue Diamond, Mitini Nepal, and the Federation of Sexual and Gender Minorities Nepal have implemented sensitisation programs with service providers to combat misinformation, stereotypes, discriminatory practices and other barriers to health care. They have also produced learning materials and engaged with policymakers, state officials and law enforcement on sexual and reproductive health.
It is not possible to receive gender-affirming surgery as a transgender person in Nepal. Many transgender people rely on sex work to save enough money to go to Thailand or India for surgery. Non-surgical gender-affirmation treatments such as hormones are also inaccessible.
In 2022, the Nepalese government added LGBTQIA+-related terminology to the secondary school curriculum. However, learning materials continue to lack in-depth content, raising concerns that this approach may perpetuate, rather than counter, stigma. LGBTQIA+ youth still experience bullying in school and violence from their peers and teachers. Some teachers believe that LGBTQIA+ children can be ‘corrected’, and that if their ‘behaviour’ continues, it may encourage other students to act or look like they do. There are no laws, policies or guidelines on conversion therapy in Nepal, leaving LGBTQIA+ children and youth suspectable to harmful behaviours by parents, teachers and state officials.
LGBTQIA+ Nepalese suffer disproportionately from stress, anxiety, depression and related mental health challenges. A lack of affirming services, exacerbated by high levels of stigma and discrimination within healthcare settings, has been flagged as a major concern. Transgender people often resort to unregulated and unsupervised hormone treatments, which can lead to side effects.
Media
While traditional gender norms and ideology continue to infiltrate mainstream media platforms, mainstream news outlets have recently featured positive content on LGBTQIA+ people or drawn attention to the legal and social challenges they face.
CSOs are increasingly using print, broadcast and digital media platforms to promote knowledge on LGBTQIA+ themes. Social media plays a major role in connecting the queer community and disseminating affirming information.
Research and contributions provided by John Marnell.
The Pride Guides were developed in 2022 and updated in 2025 by consultants and experts based in countries in which the program operates.
