Pritam Bhattarai
Kathmandu, Dec 23: Sixteen years into the Supreme Court’s order to fully ensure the rights of diverse gender identifies and sexual orientations without discrimination, the LGBTIQA+ community has complained of being denied equal protection of the law and their rights not being implemented fully.
The court’s verdict means the inclusion of the adoption of new laws relating to the communities and amending discriminatory laws. However, there is a long way to go in the implementation of the order. For example, same sex laws have yet to be made. However, some achievements have been made.
The legal provision allows people to choose ‘female’, ‘male’ or ‘others’ as their sex on government documents. Similarly, in a historic achievement, the country registered a same-sex marriage involving a couple Surendra Pandey and Maya Gurung.
Although some achievements have been made, the fight for their rights has continued, said former justice Balaram KC, who delivered the verdict in favour of the community in 2007. Discriminatory laws should be amended and same sex laws be made so as to enable a climate conducive for them to fully enjoy their rights, he said.
The community are the same persons as we all are, and they need all things to live life we all do. So, they have all rights to enjoy state facilities, he viewed. The state should take measures for creating an environment for the community to enjoy their rights.
It could be better if the government opens a separate commission to deal with the affairs of the community, he was of the view. He was speaking at an event organised here in Kathmandu to celebrate the Nepali month of Paush 6 as the day when the court ordered the full guarantee of the rights of the community. The event was organised by ‘Maya Ko Pahichan Nepal’ that works for the rights of sexual and gender minorities.
Sharing experiences of his involvement in the advocacy for the rights of the community, ranging from the establishment of Blue Diamond Society, Nepal’s first LGBTIQA+ organisation, in 2001 to his engagement in raising rights of the community in then the Constituent Assembly, which was tasked with drafting a new constitution, as a parliamentarian, Sunil Babu Pant, an openly gay former parliamentarian and LGBTIQA+ rights activist, stressed that although many achievements have been made, the fight for the full implementation of the rights of the community should continue.
He appreciated that in 2007, Nepal recognised the third gender becoming the first country in the world to do so, and the first country in South Asia to legalise homosexuality. He also praised the Supreme Court’s order to the government to register marriages involving same sex and non-heterosexual couples, making Nepal the first country in South Asia to do so.
Also on the occasion, President of Women and Social Affairs Committee, the House of Representatives, Kiran Kumar Shah has directed the parliament to make same sex laws. Since they have all rights to live equally and respectfully, he said same sex laws should be made so as to create an environment conducive for them to fully enjoy their rights.
Stating that same sex people have been still facing hardship and discrimination in the society, he stressed the need for the state to provide them all facilities on a par with other citizens.
He also observed the same sex marriage registration in Nepal as a victory not only for the LGBTIQA+ community, but for the entire nation. He also termed the marriage as a victory over the fight of the community for equal rights.
