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LGBT rights in Nepal

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LGBT rights in Nepal
Nepal
StatusLegal since 2007
Gender identityThird gender recognised
MilitaryLGBT people allowed to serve openly[1]
Discrimination protectionsLimited protections[2]
Family rights
Recognition of relationshipsSame-sex marriage since 2024[3][4][5]
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature.[6][5] Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.[7]

On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict.[8][9] The first "same-sex" marriage of a trans woman and a cisgender man occurred in November 2023.[3]

On 27 April 2024, the Ministry of Home Affairs issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into a separate register. The directive opened marriage to same-sex couples nationwide, making Nepal the 37th country in the world and the second in Asia to do so. However, it does not allow married same-sex couples to adopt.[10][11]

Prior to March 2023, and based on a ruling of the Supreme Court of Nepal in late 2007, the government was considering the legalization of same-sex marriage. According to several sources, the Constitution of 2015 was expected to include it.[12][13] Although the Constitution explicitly says that "marginalized" communities are to be granted equal rights under the law, and that Nepal's LGBT people fall into this category, it does not explicitly address the right of same-sex marriage.[14]

The Nepalese Constitution, approved by the Constituent Assembly on 16 September 2015,[15] includes several provisions pertaining to the rights of LGBT people.[14] These are the right to acquire a citizenship certificate in accordance to one's gender identity,[16] a prohibition on discrimination on any ground including sex by the State and by private parties.[17]

Despite some laws and provisions protecting third gender people, LGBT people still face societal discrimination in Nepal and there is significant pressure to conform and to marry a partner of the opposite sex.[18] Some observers accused the media and activists of pinkwashing and spreading disinformation about same-sex marriage and LGBT rights in Nepal.[19]

Terminology

[edit]

The term LGBTI is increasingly used in Nepal, rather than just LGBT, with the I denoting intersex people. The term "gender and sexual minorities" (Nepali: लैङ्गिक तथा यौनिक अल्पसङ्ख्यक) is used in the Constitution of Nepal.[20] Among young Nepalis, the terms "queer" (Q) and "MOGAI" (Marginalized Orientations, Gender Identities, and Intersex) are also used.[21] Certain activists have also coined an acronym PoMSOGIESC, standing for "people of marginalized sexual orientation, gender identity & sex characteristics", to encompass a larger spectrum of identities beyond the LGBT terminology.[22]

LGBTQI+ terminology exists alongside indigenous terminologies for identifying sexual and gender minorities. This vocabulary includes terms like meti, fulumulu, and kothi, among many others.[23] While academic sources tend to favor Western, LGBTQI+ terminologies over indigenous ones,[24] many individuals prefer indigenous terms.[25]

Legality of same-sex sexual activity

[edit]

Before the transition from the Kingdom of Nepal to the Federal Democratic Republic of Nepal in 2007, private homosexual relations between consenting adults was a crime.[26] Article 1 of Chapter 16 of the National Code (1963), locally referred to as "Muluki Ain", criminalises “unnatural sexual intercourse”. Among others, cross-dressing was also illegal under various laws against public immorality.[27] In 2007, the Supreme Court of Nepal ruled that same-sex sexual intercourse was not to be construed as “unnatural”. Though the new Criminal Codes Act (2008) which replaced the Muluki Ain appears to continue to criminalise “unnatural sex”, it should be read in light of this case.[28]

The age of consent in Nepal is 18, regardless of gender and sexual orientation.[29]

Recognition of same-sex relationships

[edit]
Main article: Recognition of same-sex unions in Nepal

On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic order directing the government to establish a separate register for non-traditional couples and sexual minorities and to temporarily register them. The full bench of the Supreme Court has yet to deliver a final verdict.[30][31] Some observers noted that Justice Til Prasad Shrestha exceeded his authority.[32] It is estimated that around 200 third gender activists who rushed back to their villages may register their marriages soon.[33]

On 13 July 2023, the Kathmandu District Court rejected a marriage registration application filed by a Nepali couple despite the historic order by a single judge bench of Justice Til Prasad Shrestha. "The court’s action is not only a blow to the sexual minority community, but it also dishonoured the Til Prasad Shrestha’s order, said Sunil Babu Panta, a leading third gender activist. We will knock on the doors of the Supreme Court as soon as possible to dry our tears” they added.[34][35]

On 24 April 2024, the National ID and Civil Registration Department issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into the separate register.[36] The temporary registration doesn't grant same-sex couples the same legal rights and recognition as opposite-sex couples. Same-sex couples cannot inherit property, get tax subsidies, make spousal medical decisions and adopt children among others.[37] They are also labeled as "groom and bride" on the marriage certificate.[38] It is unknown if all local governments are complying with the decision of the National ID and Civil Registration Department.

Sunil Babu Pant and Others v. Nepal Government

[edit]

One of the first cases to determine the shift in legislation regarding LGBTI rights in Nepal was the 2007 Supreme Court case Sunil Babu Pant and Others v. Nepal Government.[39] After their participation in demonstrations that brought down the monarchy, LGBT rights groups, found themselves largely ignored by the current political establishment, and turned to the judiciary as a more effective way to secure their rights.[40] In April 2007, a coalition of organizations representing LGBTI Nepalis filed a writ petition under Article 107 (2) of the Interim Constitution of Nepal.[27]

The petition, filed by the Blue Diamond Society, Mitini Nepal, Cruse AIDS Nepal and Parichaya Nepal, expressed "dissenting view with the prevalent societal structures or norms as well as legal provisions adopted by the state based on the interest of majority people".[39] The petition asked that Nepal officially recognize "transgender individuals as a third gender, prohibit any discriminatory laws on the basis of sexual orientation and gender identity, and invest due finances for reparations by the State to victims of State violence and discrimination".[39]

On 21 December 2007, the Supreme Court ruled that the new democratic government must create laws to protect LGBTI rights and change existing laws that are tantamount to discrimination.[41][42] Based on the Yogyakarta Principles and the Special Procedures of the UN Human Rights Council, the court concluded that sexual orientation is to be defined by one's self-identification and a natural process rather than a result of "mental, emotional or psychological disorder".[27] While not explicitly legalizing same-sex marriage, the ruling instructed the government to form a committee to look into "decriminalizing and de-stigmatizing same-sex marriage".[43]

Response to the ruling

[edit]

A bill to legalize same-sex marriage was drafted and was supposed to be introduced by 2010.[44] In the drafting of the new Nepalese Constitution, same-sex marriage and protection for sexual minorities were supposed to be established.[12][13] However, negotiations on the new Constitution failed and Prime Minister Baburam Bhattarai dissolved the Constituent Assembly on 28 May 2012 in preparation for new elections.[45] As a result, the future of explicitly addressing the legality of same-sex marriage was uncertain. Ultimately, the Constitution was adopted in 2015 but does not address same-sex marriage.

As of 2019, a bill to legalise same-sex marriage was being drafted and prepared by the government,[46] though LGBT activists have accused it of being "lukewarm" in its support. In August 2018, former Prime Minister Baburam Bhattarai urged to legalise same-sex marriage.[47]

The new Nepali Civil Code, which came into effect in August 2018, does not address same-sex marriage and specifically defines marriage as being between partners of the opposite sex. Activists have called out the Civil Code as unconstitutional and contrary to Supreme Court guidelines.[46][48]

Gender recognition

[edit]

On 31 October 2021 twenty nine LGBT and intersex rights organizations, two federations, five loose networks and others have collectively proposed an Act regarding Gender Identity, 2021.[49][50] Queer Youth Group, an LGBT rights organization, has filed several writ petitions at the Supreme Court of Nepal demanding legal recognition of gender identity.[51] On 2022 March 29, the group proposed A Directive on Gender Recognition for Intersex People,[52] A Directive on Gender Recognition for transgender men and transgender women[53] and A Directive on Gender Recognition for Non-Binary and Third Gender People,[54] proposed to be promulgated by the Supreme Court.

Third gender recognition

[edit]

The Supreme Court has dictated that the category "other" or anya (Nepali: अन्य), representing non-cisgender identities be added to all official documents and Nepalis identifying as such be given citizenship documents to reflect their new status.[55] The government has started issuing citizenship with an "other" ("O") option to transgender people on a rolling basis. This allows for "third gender" identifying individuals to open bank accounts, own property and register for universities. In 2008, Bishnu Adhikari became the first Nepali citizen to officially register under the "third gender" category, with Badri Pun being the second. Other legal accomplishments include allowing citizens to register to vote as "third gender".[55] In 2015, Monica Shahi became the first person to gain a passport with the "other" gender category,[56] and Bhumika Shrestha became the first transgender woman to travel aboard with a passport that identified her as an "other" gender.[56]

Nepal, similarly to India, Bangladesh and Pakistan, has an indigenous third gender community, considered by society as neither male or female. Such individuals, known as metis, are assigned male at birth but commonly act, dress and behave as female. Although metis (मेटी) have traditionally had important roles at weddings or at the birth of a child to ward off evil spirits, they now regularly face discrimination in education, health, housing, and employment. They are often referred to as transgender in English language publications. The term fulumulu (फुलुमुलु) is used in eastern Nepal.[57] However, a publication of 2021 has challenged the existence of the term, and said it rather is pholo-molo.[58] Among the Gurung people, there is a tradition of men dancing in female clothing, called maarunis, typically at barracks or at royal palaces, and are believed to bring good luck.[59]

In 2007, the Supreme Court legally established a gender category called "other".[27][55] The Nepali Supreme Court stated that the criteria for identifying one's gender is based on the individual's self-identification.[60]

In 2012, the Home Ministry issued a directive stating that people who identify as lesbian, gay, bisexual, transgender, and intersex would be classified as “other” in their legal documents. Some observers stated that the use of "others" to denote LGBT people by the state is demeaning and discriminatory. By using such alienating language, the Nepali government reinforces heteronormativity and implies that those who are non-heterosexual are the "other".[61]

The Supreme Court's decision to implement a "third gender" may have stemmed from the long-held contemporary acknowledgment of gender variant peoples, known as metis as well as the religious traditions revering non-gender conforming characters.[62]

In 2019, there were discussions in Parliament to require applicants to undergo sex changes in order to apply for an "O" sex descriptor.[63]

Binary transgender recognition

[edit]

Nepalese law only allows gender markers to be changed from "M" (male) or "F" (female) to "O". There are no provisions allowing transgender women to have an "F" marker or transgender men having an "M" marker. Certain activists and young LGBTI Nepalis have criticized what they call a "gender trinary", instead advocating for complete self-determination.[64] In 2019, LGBT activist Rukshana Kapali took an open stand against labeling herself as "third gender",[65] having taken legal steps to amend her gender identity to "female".[22] As of 2021, a writ petition was filed at the Supreme Court of Nepal demanding amendment of her gender as female.[66] Similarly, Nepali media was called out for forcefully using the term 'third gender' to describe trans men and trans women.[67]

On 31 March 2020, the International Transgender Day of Visibility Queer Youth Group and Trans Rights Collective published National Transgender Demand Sheet demanding that trans people should be able to choose the gender of their choice when completing documents and forms.[68][69]

On 2022 February 21, the Supreme Court of Nepal issued an order to Election Commission in the writ petition of Rukshana Kapali V. Election Commission et al. stating that a transgender woman's gender identity is woman, not third gender.[70] This is the first instance of transgender people being legally recognized in the binary spectrum.[71] Consequently, on 2022 February 27 and March 15, the Supreme Court ordered to issue COVID-19 vaccination certificate and passport to her with a female gender marker.[72][73]

According to Human Rights Watch only a tiny number of Nepali transgender people have been able to change their gender on official documents after undergoing medical exams - ones that included doctors touching their genitals to prove they had surgery.[74]

Non-binary recognition

[edit]

Nepali activists identify two distinct groups, i.e. third gender and non-binary, beyond the man and woman genders.[1] This is due to the recent development of critiques on third gender, to be a discriminatory word.[67] In 2020, the National Charter of Demands on Legal Recognition of Gender Identity laid forth the option 'non-binary' should be available distinct from 'third gender'.[75][69] The proposed Gender Identity Act, 2021 also suggests for non-binary and third gender as two different options.[49] A case filed at National Human Rights Commission on 22 November 2020 complaint number 654 also demands for a non-binary option to be added.[76]

Intersex rights

[edit]
See also: Intersex rights in Nepal

The rights situation of intersex people in Nepal[77] is unclear. Local activists have identified human rights violations, including significant gaps in protection of rights to physical integrity and bodily autonomy, and protection from discrimination.

Census

[edit]
Main article: Census in Nepal

It was reported that Central Bureau of Statistics officially recognized a "third gender" option, in addition to male and female, in the census of 2011.[55] It was recognized as the world's first national census to list a category other than male or female, it allowed for the government to gain data on the number of "third gender" identifying Nepalis. The census enumeration of third gender experienced many barriers and challenges. Some reported that census enumerators demanded a child to be stripped on their parents lisiting them as 'third gender'.[78] However, no data of third gender were published by the bureau.[79]

Media reported that 2021 census of Nepal shall include LGBTI people.[80] The LGBT and Intersex community of Nepal raised concerns over enumeration of LGBTI as a third gender. Rights group argued that sexual orientation, gender identity and sex characteristics were being clumped into one.[81][82] Various campaigns were conducted for LGBTI inclusion in census.[83] Civil societies promulgated Charter of Demands on ‘Other gender’ provision in National Census 2078 (2021) condemning what they call 'tokenistic inclusion'.[84]

On 4 July 2021, a writ petition was filed against Central Bureau of Statistics et al. regarding 'tokenistic inclusion' in the census and demanding for a meaningful inclusion, that addresses diversity of Sexual Orientation, Gender Identity and Sex Characteristics.[85][86] The Supreme Court of Nepal issued a show cause order on 9 July 2021.[87]

Military service

[edit]

In 2007, two female soldiers were accused of having a relationship and were discharged,[88] but the army claimed that the women were dismissed for "failing to maintain minimum discipline" not based on sexual orientation. The UNDP reports that gays, lesbians and bisexuals can serve openly in the Nepali Army.[89] Nepal military law does not explicitly forbid LGBT people from serving.[90][1]

Nevertheless, LGBT groups report that discrimination and harassment still occur.[91]

Provisions of the 2015 Constitution

[edit]

Several articles mentioning LGBTI rights in the country's new Constitution were approved by Parliament after lengthy deliberation. The Constitution went into effect on 20 September 2015.[92] The section "Fundamental Rights and Duties" reads in part:

Nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of socially and culturally disadvantaged women, Dalits, indigenous peoples, tribes, Madhesi, Tharu, Muslim, ethnic minorities, backward classes, minorities, marginalized, farmers, workers, youth, children, senior citizens, gender and sexual minorities, handicapped persons, pregnant persons, disabled or helpless, people of backward regions and economically disadvantaged citizens.[93]

Public opinion

[edit]
Public opinion of same-sex marriage. Fraction in favor:[94]

Opinion polls on LGBT rights and same-sex marriage have never been conducted in Nepal. Ignorance about homosexuality is common and gay people are often confused with hijra that belong to the lowest caste of social hierarchy.

 A Gallup poll in June 2024 nominated Nepal as "one of the most gay-friendly" countries in the world. 87% of surveyed Nepalese allegedly assessed that their country was a "good place to live for gay people", 10% disagreed, surpassing countries such as Bangladesh (where 73% thought so) and India (where 43% thought so).[95]

Living conditions

[edit]
Pride festival in Nepal in 2013

Society

[edit]

While the Nepalese political landscape has rapidly changed in the past decade, much of the progressive legislation has not been implemented at the community level. Traditional Nepalese gender roles stem from rigid ideals based on biological sex that ostracize anyone failing to conform.[62] These norms may stigmatize any LGBT Nepalis who choose to operate outside of the gender roles, but affect LGBT women in particular, as women, more than men, are expected to conform to societal expectations.[96]

However, human rights organizations like the Blue Diamond Society, established in 2001, seek to represent LGBT people in Nepal politically and provide assistance with sexual health in the community. A drop-in centre with free HIV testing exists in Kathmandu along with more than 50 different branches of the organization across the country. Other organizations such as Mitini Nepal, Parichaya Samaj and Sahaayam Nepal also exist to provide resources for LGBT Nepalis. The media and public have also become more sympathetic to LGBT rights since homophobic acts and crimes against members of the Blue Diamond Society became public, and after they started their radio program called Pahichan, a program that discusses sexual and gender minority rights.[62][40][96]

Nepal Pride is an annual LGBT event held in Kathmandu. It was first held in 2001 and was attended by 49 people, most of whom wore masks to avoid being recognized. In recent years, the event has attracted about 1,500 people.[97] It purposefully coincides with the Gai Jatra festival, one of the oldest festivals celebrated in the Kathmandu Valley.

Violence

[edit]

LGBT people continue to face discrimination, hate speech, and violence. They also continue to be subjected to slavery and slavery-like practices. The exploitation and illegal castration of boys with feminine characteristics remains unresolved.[98]

Gender-based violence against transgender people is a severe issue in Nepal where they often find themselves susceptible to both public and domestic violence, abuse in the workplace and at home, and elsewhere. Reasons for gender-based violence are largely attributed to social taboos and superstitions and deeply entrenched beliefs that propagate derogatory attitudes towards sexual and gender minorities. Violence also stems from law enforcement such as the police force, as many LGBT individuals report severe beatings, body searches and undue detainment.[96] Likewise, results derived from INSEC's monitoring of the situation indicated that subjugating women to domestic violence was considered a deep-rooted traditional practice.[99]

Survey results also show that 20-23% of transgender women in Nepal view domestic violence as being acceptable. Despite efforts of various human rights and LGBT rights NGOs, together with international aid agencies, to lobby for the elimination of violence through the implementation of more effective measures. Complaints by transgender rights activists are directed towards the lackadaisical efforts of the law enforcement agencies in which disputes are settled without any charges pressed against the perpetrators.[96]

Education

[edit]

The United Nations Development Programme has recommended that Nepal incorporate these ideals into the education system to ensure inclusive and equitable quality education:[100]

  • Require all schools and other education providers to adopt anti-bullying policies to protect LGBTI students, and ensure teachers receive training on how to respond to homophobic and transphobic bullying.
  • Integrate education on sexual orientation, gender identity, gender expression, and intersex status into school curricula in age-appropriate ways.
  • Provide non-discriminatory sex education to address taboos surrounding adolescent sexuality, sexual orientation, gender identity, and gender expression and provide adolescents with access to accurate information about the diversity of sexualities, gender identities, and sex variations.
  • Recognize the right of students to freedom of gender expression in the school environment. Students should be allowed to wear uniforms and express an appearance that corresponds to the gender with which they identify.
  • Provide all students, including transgender and intersex students, with access to safe toilets and bathroom facilities.
  • Develop policies and practices to support transgender students who transition while at school, including by ensuring their rights to privacy, dignity, and respect, and enabling their name and sex or gender details to be amended on school records.
  • Provide educational resources for parents of LGBTI children

Nepal's Education Board has implemented information about sexual and gender diversity in the curriculum of grades 7-9 (age 13–15), making Nepal the second Asian country, after Mongolia, to implement this.[62] Universities also possess courses about LGBT issues. However, many LGBT children still face discrimination and are unable to complete their education due to "threats, bullying, and neglect from fellow students and teachers alike."[96] Furthermore, transgender Nepalis face severe gender-based violence and are unable to receive a proper education, especially in rural areas.[101]

Politics

[edit]

There has been an increased level of participation in the political arena by openly LGBTI politicians such as Sunil Babu Pant, the first openly gay parliamentarian in Asia.[100] Pant served in the Federal Parliament from 2008 to 2012.[62] Pant was also one of the 27 experts at the meeting consolidating the Yogyakarta Principles.

The Communist Party of Nepal-Maoist made several homophobic statements during the Civil War. Until 2007, party members had described homosexuality as "a production of capitalism" that "doesn't exist under socialism", and LGBT people as "social pollutants."[99] However, since 2008, with the end of the insurgency and the beginning of a multi-party democracy, the Maoist Party has supported LGBT rights.[102][103]

Health

[edit]

The HIV/AIDS epidemic affects LGBTI Nepalis across the board. 2009 estimates showed that about 3.8% of men who have sex with men (MSM) in Nepal were HIV-positive; an increase from 3.3% in 2007. In 2007, MSM in Nepal were 9.2 times more likely to acquire HIV infection than heterosexuals, notably lower than neighboring China (45 times more likely) or India (17.6 times more likely).[104]

Lesbian couples are also denied access to vitro fertilization (IVF). Across the country, there is a severe lack of access to comprehensive health care as well as a lack of research on the mental, physical, and reproductive needs of LGBT Nepalis.[62]

COVID-19 is thought to have had an impact on the mental health of LGBT; "27.1 per cent said they suffered excessive stress, while 21.6 per cent said they became short-tempered and 13.4 said they suffered from depression".[105]

Hormone replacement therapy and sex reassignment surgery are technically not available in Nepal,[106][1] though some doctors may perform such procedures. However, they are reported to be "costly". Hormone replacement drugs cost 4,500 rupees for a six-month period. Many Nepali transgender people go to Thailand or India to undergo reassignment surgery.[107]

Tourism

[edit]
See also: Tourism in Nepal
See also: Pinkwashing (LGBT)

"Nepal is a beacon of LGBT rights. Now, it needs to tap its potential business opportunities - pink money. They [LGBT people] don't have children to spend on. They love to travel and spend a lot of money."

Sunil Babu Pant, "the first gay in Asia", December 2023 [108]

The Nepal Tourism Board has plans to promote Nepal as an LGBT-friendly tourist destination. An LGBT tourism conference was held on February 2010. Sensitivity trainings were also conducted in selected catering and hospitality venues.[109]

[edit]

The representation of LGBT community in Nepali mainstream media is minimal. Historically, the portrayal of people of sexual and gender minorities had been in negative connotation or as a comic relief in films and television show. The queer representation have always been caricatures of transgender people, gay people, and lesbians and stereotypical. However, there have been some positive and realistic depictions in recent times.[110]Highway, a 2012 film by Deepak Rauniyar featured a gay character and a transgender character who is a victim of sexual violence.[111]

Soongava: Dance of the Orchids, a 2012 movie was about a lesbian relationship. Actresses Diya Maskey and Nisha Adhikari played the lead roles. The film was also selected as the Nepalese entry for the Best Foreign Language Film at the 86th Academy Awards, but it was not nominated. However, the film has been criticized for its story and cishet male gaze.[112][113]

Singha Durbar, a 2016 fictional television series by Tsering Rhitar Sherpa about first female prime minister featured a gay character, Bishwa Bishwokarma, press secretary to the PM played by Praween Khatiwada. The television show was broadcast on Nepal Television, the state broadcaster of Nepal. The series was supported by USAID.[114]

Prabal Gurung, a Nepali American fashion designer, is openly gay. Gurung has designed for popular media icons and personalities such as Michelle Obama, Catherine, Duchess of Cambridge, Oprah Winfrey.[115]

Between Queens and the Cities, the first queer memoir from Nepal by Niranjan Kunwar was published on 5 December 2020. The book chronicles the life of the author as a gay man in different cities such as New York and Kathmandu. The book also shows the struggles of a gay man in Nepali society.[116]

In June 2021, an art exhibition with LGBTIQ theme, Queer — A celebration of art and activism was organized in Kaalo.101, an art space based in Patan. The exhibition featured arts primarily from Nepal alongside other countries such as Pakistan, Malaysia, Indonesia and Bangladesh.[117]

Notable LGBT organizations, figures and events in Nepal

[edit]

Organizations

[edit]

Figures

[edit]
  • Anjali Lama, a transgender model[122]
  • Ramraja Shrestha, activist and whistleblower in LGBTQIA matters
  • Suman Pant, whose Supreme Court case established a precedent for same-sex spousal visas[123]
  • Sunil Babu Pant, the first openly gay legislator in Nepal
  • Bhumika Shrestha, a "third gender" advocate
  • Bhakti Shah, a Nepali LGBTI activist[124]

Events

[edit]
Further information: Pride Parades in Nepal

Several LGBT-related events are held in Nepal. These include the main Nepal POMSOGIESC (People of Marginalized Sexual Orientation, Gender Identity and Sex Characteristics) Pride Parade, known as Nepal Pride Parade in short, is held on the second Saturday of June since 2019.[125] Similarly, Queer Womxn Pride is held every year along with mainstream women's rights rally on International Women's Day since 2019,[126] an Queer Indigenous Pride held every year along mainstream indigenous rights rally on International Day of the World's Indigenous Peoples since 2019.[127] Since 2020, a Trans Pride Parade is also observed on the Saturday after 17 December.[128] International events such as International Transgender Day of Visibility, National Coming Out Day, Transgender Day of Remembrance, and International Day Against Homophobia, Transphobia and Biphobia are also observed.

Several smaller events include Asexual Awareness Week (Last week of October), Celebrate Bisexuality Day (23 September), an awareness day for hijras (17 April) and Intersex Awareness Day (26 October).

Summary table

[edit]
Same-sex sexual activity legal Yes (Since 2007)
Equal age of consent (18) Yes (Since 2007)[1]
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in education No
Anti-discrimination laws in all other areas Yes (indirect constitutional protections since 2015)[2]
Hate crime laws include sexual orientation and gender identity No
Same-sex marriages No
Recognition of same-sex marriages performed elsewhere No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Adoption by single people regardless of sexual orientation No
LGBT people allowed to serve openly in the military No
Right to change legal gender No (Only to a third gender marker "O"; no changes between male "M" and female "F" permitted)
Third gender option Yes (Since 2011)
Intersex minors protected from invasive surgical procedures No
Conversion therapy banned No
Access to IVF for lesbian couples No
Automatic parenthood for both spouses after birth No
Altruistic surrogacy for same-sex couples No
MSMs allowed to donate blood No

See also

[edit]

References

[edit]
  1. ^ a b c d e "LGBT Rights in Nepal". Equaldex. Retrieved 12 January 2021.
  2. ^ a b "LGBTI Rights in Nepal". ILGA World. Retrieved 2 June 2024.
  3. ^ a b "Nepal Registers First Official Same-Sex Marriage in Country". Voice of America. 29 November 2023. Retrieved 29 November 2023.
  4. ^ Sharma, Gopal. "Nepal registers first same-sex marriage; 'historic', say activists". Reuters. Retrieved 29 November 2023.
  5. ^ a b Knight, Kyle (14 December 2023). "Did Nepal Achieve Marriage Equality? Not Quite Yet". Human Rights Watch. Retrieved 7 January 2024.
  6. ^ Condon, Ali (23 November 2023). "Thailand Cabinet approves marriage equality bill, submits it to parliament". PinkNews. Retrieved 23 November 2023.
  7. ^ "Nepal's Constitution of 2015" (PDF).
  8. ^ "Nepal registers first same-sex marriage; 'historic', say activists". Retrieved 19 February 2024.
  9. ^ "LGBTQ+ rights in Asia: Progress and setbacks in 2023". 19 December 2023.
  10. ^ "Nepal: Apex court issues interim order to "temporarily register" same-sex marriages". Asian News International. Retrieved 17 November 2023.
  11. ^ Chudy, Emily (30 June 2023). "Nepal ordered to recognise same-sex marriage by Supreme Court". PinkNews.
  12. ^ a b Parashar, Uptal (19 January 2010). "Nepal charter to grant gay rights". Hindustan Times. Archived from the original on 23 January 2010.
  13. ^ a b Nelson, Dean (19 January 2010). "Nepal 'to stage gay weddings on Everest'". Daily Telegraph. London.
  14. ^ a b "Nepal lawmakers approve first LGBTI protections in new constitution - Gay Star News". 15 September 2015. Archived from the original on 13 December 2019. Retrieved 17 September 2015.
  15. ^ Sharma, Bhadra (16 September 2015). "Assembly in Nepal Approves New Constitution". The New York Times. ISSN 0362-4331. Retrieved 17 September 2015.
  16. ^ "Constitution of Nepal, Part 2: Citizenship, Clause 12" (PDF). Archived from the original (PDF) on 14 September 2018. Retrieved 15 March 2021.
  17. ^ "Constitution of Nepal, Part 3: Fundamental Rights and Duties, Clause 18: Rights to Equality" (PDF). Archived from the original (PDF) on 14 September 2018. Retrieved 15 March 2021.
  18. ^ "Pant urges Adhikari to change his flawed lenses". 29 August 2018.
  19. ^ "'No, Nepal is not a queer utopia' - OnlineKhabar English News". 9 December 2023.
  20. ^ "Enshrining the rights of sexual and gender minorities in the Constitution of Nepal". UNDP Asia Pacific. Archived from the original on 14 December 2017. Retrieved 23 June 2019.
  21. ^ "How do transwomen describe themselves? Women". The Kathmandu Post.
  22. ^ a b Group, Queer Youth; Collective, Queer Rights (25 September 2020). "The reality of transgender rights in Nepal". The Record. Retrieved 15 March 2021.
  23. ^ "Surveying Nepal's Sexual and Gender Minorities: An Inclusive Approach | United Nations Development Programme". UNDP. Retrieved 5 October 2023.
  24. ^ Boyce, Paul; Coyle, Daniel (July 2013). Development, Discourse and Law: Transgender and Same-Sex Sexualities in Nepal (Report). Institute of Development Studies (IDS).
  25. ^ Gerstein, Amit (January 2020). ""So What Are You?:" Nepali Third Gender Women's Identities and Experiences Through the Lens of Human Rights Development Discourse". The George Washington University Undergraduate Review. 3: 16–33. doi:10.4079/2578-9201.3(2020).02. S2CID 198614741.
  26. ^ "Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal (21 December 2007) | ICJ". www.icj.org. Retrieved 5 May 2016.
  27. ^ a b c d Supreme Court of Nepal. April 2007. Sunil Babu Pant and Others v. Nepal Government Archived 11 October 2016 at the Wayback Machine
  28. ^ {{Cite web|url=https://database.ilga.org/criminalisation-consensual-same-sex-sexual-acts
  29. ^ "Nepal Age of Consent & Statutory Rape Laws". www.ageofconsent.net.
  30. ^ "Nepal registers first same-sex marriage; 'historic', say activists". Retrieved 19 February 2024.
  31. ^ "LGBTQ+ rights in Asia: Progress and setbacks in 2023". 19 December 2023.
  32. ^ "Right to marry in Nepal". 17 October 2023.
  33. ^ "Nepal recognises same-sex marriages in historic ruling". 10 July 2023.
  34. ^ "Kathmandu Court Rejects Marriage Registration Plea Of Gay Couple". 13 July 2023.
  35. ^ "Kathmandu court rejects marriage registration application of gay couple". The Week.
  36. ^ {{Cite web|url=https://www.apcom.org/long-road-lasting-marriage-equality-nepal/
  37. ^ {{Cite web|url=https://kathmandupost.com/national/2023/12/03/how-court-laid-the-ground-for-same-sex-marriage-in-nepal
  38. ^ {{Cite web|url=https://www.makalukhabar.com/wp-content/uploads/2024/02/kagbin-marige-mk-2.jpg
  39. ^ a b c "Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal" (PDF). National Judicial Academy Law Journal. 2008. Archived from the original (PDF) on 11 October 2016. Retrieved 26 April 2016.
  40. ^ a b Gay activist in Nepal campaigns against discrimination, by Henry Chu, The Christian Science Monitor, 30 June 3008
  41. ^ 365gay.com, "Nepal High Court Issues Landmark Gay Ruling," 21 December 2007 Archived 22 December 2007 at the Wayback Machine
  42. ^ Nepal court rules on gay rights BBC News, 21 December 2007
  43. ^ Court Decision, Blue Diamond Society Archived 15 September 2009 at the Wayback Machine
  44. ^ Prince's marriage stokes gay issue, India Today (accessed 1 November 2009)
  45. ^ "Nepal enters crisis mode as constitution talks fail". BBC News. 28 May 2012.
  46. ^ a b "Govt to introduce special laws to address the same-sex marriage". 25 February 2017.
  47. ^ "Ensure the marriage rights of LGBTI : BRB". 27 August 2018.
  48. ^ "Marriage provision under new civil code of is unconstitutional". 23 August 2018.
  49. ^ a b Kapali, Rukshana; Bhandari, Elyn; Mulmi, Subin (31 October 2021). Draft bill regarding gender identity, 2021 (Nepali) (PDF). Asia Pacific Transgender Network. p. 6. ISBN 978-9937-0-9592-1. Archived from the original (PDF) on 31 October 2021. Retrieved 21 November 2021.
  50. ^ "Civil Society's Proposal for Gender Identity Bill in Nepal". Asia Pacific Transgender Network. 1 November 2021. Archived from the original on 21 November 2021. Retrieved 21 November 2021.
  51. ^ "रिट निवेदनहरू". Campaign for Change. 5 October 2021. Retrieved 1 June 2022.
  52. ^ "अन्तरलिङ्गी व्यक्तिहरूको लैङ्गिक पहिचान कायम सम्बन्धी निर्देशिका, २०७८ (नमूना / मस्यौदा)" (PDF). Campaign For Change. Retrieved 1 June 2022.
  53. ^ "पारलैङ्गिक महिला तथा पारलैङ्गिक पुरुषहरूको लैङ्गिक पहिचान कायम सम्बन्धी निर्देशिका, २०७८ (नमूना / मस्यौदा)" (PDF). Campaign for Change. Retrieved 1 June 2022.
  54. ^ "गैर-द्वयसांखिक तथा तेस्रोलैङ्गिक व्यक्तिहरूको लैङ्गिक पहिचान कायम सम्बन्धी निर्देशिका, २०७८ (नमूना / मस्यौदा)" (PDF). Campaign for Change. Retrieved 1 June 2022.
  55. ^ a b c d Knight, Michael Bochenek, Kyle. "Establishing a Third Gender Category in Nepal: Process and Prognosis". Emory University School of Law. 1 March 2016.
  56. ^ a b The Kathmandu Post. 6 October 2015. Web. 5 March 2016.Bhumika Becomes First Transgender to Travel Abroad with 'other' Category Passport.
  57. ^ "Surveying Nepal's Sexual and Gender Minorities". Williams Institute.
  58. ^ Group, Queer Youth; Change, Campaign for (21 February 2021). Sexual Orientation, Gender Identity and Sex Characteristics (SOGIESC) : Basic concepts (PDF) (First ed.). p. 40. ISBN 978-9937-0-8469-7. Retrieved 21 November 2021.
  59. ^ "Crossing sexual boundaries in Nepal". 15 November 2018 – via BBC News.
  60. ^ "निर्णय नं. ९८७५ - परमादेश (The official supreme court decision". Nepal Law Magazine.
  61. ^ "'No, Nepal is not a queer utopia' - OnlineKhabar English News". 9 December 2023.
  62. ^ a b c d e f "UNDP, USAID (2014). Being LGBT in Asia: Nepal Country Report. Bangkok" (PDF). Archived from the original (PDF) on 6 April 2017. Retrieved 6 May 2016.
  63. ^ "Nepal government's citizenship bill clause on sex change certification alarms LGBT community". The Kathmandu Post. 19 March 2019.
  64. ^ "Moving beyond two, stuck in three". Kathmandu Post.
  65. ^ "I am not a third gender : Rukshana". Pahichan Media. 6 August 2023.
  66. ^ "Case Summary of Rukshana Kapali v. Government of Nepal et al" (PDF). Archived from the original (PDF) on 21 November 2021. Retrieved 21 November 2021.
  67. ^ a b "मेरो लैङ्गिकता मिडियालाई किन अमान्य ?". Archived from the original on 12 December 2021. Retrieved 24 December 2021.
  68. ^ Khadgi, Ankit. "A group of activists strives to end forced imposition of the third gender label". The Kathmandu Post. Archived from the original on 6 December 2021. Retrieved 24 December 2021.
  69. ^ a b लैङ्गिक पहिचानको अधिकार सम्बन्धी सन् २०२० का मागपत्रहरू (PDF). Campaign for Change. 17 May 2021.
  70. ^ "रुक्शना कपाली वि. निर्वाचन आयोग समेत (अन्तरिम आदेश)" (PDF). 𑐩𑐶𑑃𑐔𑑂𑐫𑐵𑑅 𑐩𑐫𑑂‌𑐖𑐸. Retrieved 1 June 2022.
  71. ^ Tandukar, Shranup (12 May 2022). "Transgender people's qualms continue as Nepal votes in local polls tomorrow". The Kathmandu Post. Retrieved 1 June 2022. In response to the experiences she faced in the 2017 elections, Kapali submitted a writ petition to the Supreme Court in June 2021 to allow her to change the “third” gender in her voter's identity card. On February 21, 2022, the Supreme Court passed an interim order directing the EC to provide Kapali with a voter identity card that marks her gender as female. A final verdict is pending. There is no clear legal provision to allow the change in gender in one’s voter identity card, and the interim order by the Supreme Court, which allowed Kapali to do so, was the first instance when the gender identity of a transgender person was legally acknowledged in the binary spectrum.
  72. ^ "अ.प्रा. रुक्शना कपाली विरुद्ध कोभिड-१९ संकट व्यवस्थापन समन्वय केन्द्र समेत (कारण देखाउ आदेश तथा अन्तरिम आदेश)" (PDF). 𑐩𑐶𑑃𑐔𑑂𑐫𑐵𑑅 𑐩𑐫𑑂‌𑐖𑐸. Retrieved 1 June 2022.
  73. ^ "रुक्शना कपाली वि. राहदानी विभाग समेत (कारण देखाउ आदेश तथा अन्तरिम आदेश)" (PDF). 𑐩𑐶𑑃𑐔𑑂𑐫𑐵𑑅 𑐩𑐫𑑂‌𑐖𑐸. Retrieved 1 June 2022.
  74. ^ "Nepal must not move backwards on trans rights". www.advocate.com. Retrieved 19 February 2024.
  75. ^ "National Charter of Demands on Legal Recognition of Gender Identity". Youth Voices Count.
  76. ^ Ministry of Home Affairs directive on others gender : Violation of human rights (PDF). Campaign for Change. 17 May 2021. p. 35. ISBN 978-9937-0-8913-5.
  77. ^ United Nations Development Programme (2014). "Being LGBT in Asia: Nepal Country Report". Bangkok: United Nations Development Programme. Archived from the original on 24 August 2017.
  78. ^ Knight, Kyle (18 July 2011). "What We Can Learn From Nepal's Inclusion of 'Third Gender' on Its 2011 Census". The New Republic. Retrieved 21 November 2021.
  79. ^ Central Bureau of Statistics of Nepal: National Population and Housing Census 2011 Archived 2013-07-31 at the Wayback Machine
  80. ^ "For the first time, Nepal to count LGBT population in census". Indian Express. 6 February 2020. Retrieved 21 November 2021.
  81. ^ Khadgi, Ankit. "The inclusivity problem with Nepal's census". Kathmandu Post. Archived from the original on 23 May 2021. Retrieved 17 November 2021.
  82. ^ Baidar, Aishwariya; Shahi, Ishita (21 May 2021). "The queer community demand right representation in the new census". The Record. Archived from the original on 15 November 2021. Retrieved 17 November 2021.
  83. ^ "Nepal Census 2021 and SOGIESC activism". Campaign for Change. Archived from the original on 21 November 2021. Retrieved 21 November 2021.
  84. ^ "Civil Society Charter of Demands on 'Other gender' provision in National Census 2078 (2021)" (PDF). Archived from the original (PDF) on 21 November 2021. Retrieved 21 November 2021.
  85. ^ "Rukshana Kapali & Esan Regmi et al. V. Central Bureau of Statistics et al. (English translation of the writ petition)" (PDF). Retrieved 24 December 2021.
  86. ^ "Rukshana Kapali & Esan Regmi et al. V. Central Bureau of Statistics et al. (Writ petition in Nepali)" (PDF). Retrieved 24 December 2021.
  87. ^ "Rukshana Kapali & Esan Regmi et al. V. Central Bureau of Statistics et al. - Show Cause Order, in Nepali" (PDF). Retrieved 24 December 2021.
  88. ^ Haviland, Charles (1 July 2008). "Nepalese army 'sacks lesbian'". BBC News.
  89. ^ Naples, Nancy (29 April 2020). Companion to Sexuality Studied. John Wiley & Sons. ISBN 9781119315056.
  90. ^ "Chapter-7 Offences, Army zact, 2063". Nepal Law Commission. Retrieved 19 June 2020.
  91. ^ "Nepal's next census to count LGBT+ people for the first time". Reuters. 7 February 2020.
  92. ^ "Nepal approves new constitution". BBC News. 17 September 2015. Retrieved 13 October 2016.
  93. ^ "Constitution of Nepal, 2072: Preliminary Draft" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 17 March 2016.
  94. ^ For ease of comparison, only 'yes' and 'no' responses are counted. For old polling data, support figures have been adjusted upward @1%/year.
  95. ^ Inc, Gallup (28 June 2024). "Almost Half of the World Sees Their Area as Gay-Friendly". Gallup.com. Retrieved 2 July 2024. {{cite web}}: |last= has generic name (help)
  96. ^ a b c d e Greene, Sophia (2015). "Gender and Sexuality in Nepal: The Experiences of Sexual and Gender Minorities in a Rapidly Changing Social Climate". Independent Study Project (ISP) Collection.
  97. ^ "LGBTI community observes Gai Jatra pride demanding to amend civil and criminal code". 27 August 2018.
  98. ^ "We are not 'different', we are what we are: LGBTQI+ rights in Nepal". 8 December 2023.
  99. ^ a b Human Rights Watch: "Nepal: Maoists Should End Anti-Gay Violence" Archived 1 November 2008 at the Wayback Machine, 16 April 2007
  100. ^ a b "Leave no one behind: Advancing social, economic, cultural and political inclusion of LGBTI people in Asia and the Pacific - Summary" (PDF). United Nations Development Programme. 2015. Archived from the original (PDF) on 6 April 2017. Retrieved 5 May 2016.
  101. ^ "तेश्रोलिंगी भएकै कारण शिक्षा लिने अवसरबाट बञ्चित हुन नदिने". ujyaaloonline.com. Archived from the original on 6 March 2016. Retrieved 13 October 2016.
  102. ^ Anonymous (21 May 2009). "Nepal: Lesbian Visibility Increases After the Government Recognizes LGBT Rights". iglhrc.org. Retrieved 13 October 2016.
  103. ^ "Nepal to offer shelter to South Asia's battered gays". The Times of India. 22 June 2011. Archived from the original on 7 November 2011.
  104. ^ Deuba, Keshab; Shrestha, Rachana; Kumar Karki, Deepak; Umesh, Raj (11 April 2012). "Risk of HIV Infection Among Men Having Sex With Men in Kathmandu Valley, Nepal". ResearchGate.
  105. ^ Sen, Sandeep (23 December 2020). "People from LGBT community suffering from stress". The Himalayan Times. Retrieved 3 September 2021.
  106. ^ "Right to choose". The Kathmandu Post. 19 March 2019.
  107. ^ Manandhar, Shilu (3 December 2014). "In Nepal, Transgender People Spend Hefty Sums, Risk Health Problems to Manifest Their Gender Identities". Global Press Journal.
  108. ^ Prasain, Sangam (17 December 2023). "Nepal to host conference to help LGBTIQ+ visitors travel with pride". The Kathmandu Post.
  109. ^ 23 October 2009: Nepal to Lure Gay Tourists, The Advocate (accessed 1 November 2009)
  110. ^ Adhikari, Priyanka (16 March 2019). "Representation of LGBTIQ in Nepali Media". The Himalayan Times. Retrieved 4 November 2021.
  111. ^ ""Why should a film be real?"". Nepali Times. Retrieved 4 November 2021.
  112. ^ Tsui, Clarence (1 October 2013). "Soongava: Dance of the Orchids: Film Review". The Hollywood Reporter. Retrieved 4 November 2021.
  113. ^ "Revisiting Soongava: Dance of the Orchids and analysing its queerness in 2021". kathmandupost.com. Retrieved 4 November 2021.
  114. ^ Team (www.sfcg.org), SFCG. "Singha Durbar portrays LGBT characters as role models, not victims | Search for Common Ground". Retrieved 4 November 2021.
  115. ^ Lama, Kiran. "I am gay and proud to be one: Prabal Gurung". My City. Retrieved 4 November 2021.
  116. ^ Shrestha, Sahina (3 December 2020). "Between Queens and Kathmandu". Retrieved 4 November 2021.
  117. ^ @therecord. "Chronicling and celebrating Nepal's queer movement - The Record". www.recordnepal.com. Retrieved 4 November 2021.
  118. ^ "Federation of Sexual and Gender Mnorites-Nepal(FSGMN)". Retrieved 5 October 2023.
  119. ^ Khadgi, Ankit (13 June 2020). ""We're here, we're queer and we're not going anywhere": Here's why the Pride Parade matters". The Kathmandu Post.
  120. ^ Khadgi, Ankit. "Nepal might have made progress when it comes to queer rights but it still has a long way to go". Kathmandu Post.
  121. ^ "Queer Youth Group, Nepal".
  122. ^ Fatima, Nishat (8 March 2019). "Transgender model Anjali Lama on going international". The Hindu – via www.thehindu.com.
  123. ^ "A breakthrough in LGBTI movement". Pahichan. 30 December 2016.
  124. ^ "Bhakti Shah – the fight for gay and transgender rights in Nepal - News and resources - Saferworld". www.saferworld.org.uk. Retrieved 4 November 2021.
  125. ^ "About Nepal Pride Parade". Nepal Pride Parade. 29 October 2019.
  126. ^ "Queer Womxn Pride Parade". Nepal Pride Parade. 25 November 2020.
  127. ^ "Queer Indigenous Pride". Nepal Pride Parade. 25 November 2020. Retrieved 24 December 2021.
  128. ^ "Trans Pride Parade". Nepal Pride Parade. 8 December 2020. Retrieved 24 December 2021.
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