The Gotipuas ~ a puberty boy in women costumes, dance for major festivals in Orissa ,India

Nepal: Sexual Minorties Win Identity Battle
News  2007-12-22 14:00
 http://www.mysinchew.com/node/4888

KATHMANDU, NEPAL: Nepali sexual minorities on Friday (21 Dec) won an important battle for identity as the Supreme Court ruled in a landmark verdict that they should be allowed to enjoy all fundamental rights in their "own identity".

"Lesbian, gay, bisexual, transsexual and inter-sex [LGBTI] are also 'natural persons' though they are not masculine or feminine from the perspective of gender," the court said, "And they should be allowed to enjoy all the rights defined by national and international human rights law and instruments."

The court further said: "As they are natural persons, every LGBTI should be allowed to live in Nepali society enjoying all freedoms (defined by the Constitution)."

Nepali sexual minorities had been fighting an identity battle for a long time.

Justices Bal Ram KC and Pawan Kumar Ojha, who handed down the verdict, ordered the government to either create a conducive environment for the enjoyment of all rights by LGBTI or amend existing discriminatory laws.

Lawyers said the verdict is the first of its kind in the world. "No supreme court in the world has passed a verdict to date saying that there should be no discrimination on the basis of gender identity," human rights lawyer Hari Phuyal, who pleaded for the rights of the minorities before the court, said.

Though the exact number of sexual minorities is not known, Sunil Babu Pant of Blue Diamond Society estimates that they comprise eight to 10 per cent of Nepal's population. He said 80,000 sexual minority people have come into contact with his organisation so far.

"SC has taken a major step to protect the rights of sexual minorities with different identities. Now the government should give these minorities the kinds of citizenship, passport and other legal documents preferred by them," said human rights lawyer Hari Phuyal, who was amicus curie during hearings in the case.

The court verdict Saturday (22 Dec) came in response to public interest litigation filed by Pant, Mina Nepali of Mitini Nepal, Sanjov Gurung of Cruise Aids Nepal and Manoranjan Kumar Baidhya of Parichaya Nepal.

Litigants termed the verdict landmark, historic and encouraging. An elated Pant told The Kathmandu Post after the verdict: "We have got legal status now. We will get documents of our preference."

In its verdict, the court has reminded the government of its duty toward sexual minorities. "It is the duty of the state to create an environment for the enjoyment of rights (by sexual minorities). It should not be assumed that they cannot enjoy the rights because of their sexual orientation."

Besides, sexual minorities are entitled to benefit from state policies in their own identity, the court added.

In the petition, the litigants had also sought an apex court order to the government to allow same sex marriage. But the court underlined the need to study the situation of same sex marriage and laws on same sex marriage in other countries.

For this purpose, the court has formed a seven-member committee headed by a medical doctor designated by the Ministry of Health. Other members of the committee are representatives from the National Human Rights Commission, the Ministry of Law and the Ministry of Population and Environment, a sociologist designated by the government and human rights lawyer Hari Phuyal.

The court also ordered the government to frame necessary laws on same sex marriage on the basis of the committee's findings. (The Kathmandu Post/ ANN)