A Supreme Court of Nepal issued directive orders to the Government of Nepal to end discrimination against LGBTI and ensure equal rights as heterosexual men and women in Nepal.Four LGBTI organizations including Blue Diamond Society had filed a writ petition in last April 2007(05/01/2064) demanding to defend and protect equal rights of lesbian, gay, bisexual, transgender and intersexed (LGBTI) people of Nepal. After having heard 3 times over the last few months, Supreme Court of Nepal has recognized LGBTIs today as natural persons. It is believed that LGBTI will enjoy, today onward, all the rights according their sexual and gender identities as other genders enshrined by the Constitution of Nepal and human rights conventions in which Nepal is a State Party. The Court issued directive orders to Nepal government to ensure rights to life according to their own identities and introduce laws providing equal rights to LGBTIs and amend all the discriminatory laws against LGBTI's rights as well.
On the issue of same sex marriage, The Court has also issued directive order to form a 7 member committee (Doctor appointed by Health Ministry, one representative from National Human rights commission, law Ministry, socialist appointed by government of Nepal, representative from Nepal police, representative from Ministry of population and environment and one advocate as a representative from the LGBTI community) to conduct study about the other countries' / international practice on the same sex marriage. Based on the 7 member committee recommendation government will make appropriate law.
We, all LGBTI Nepalese, are extremely happy and proud on Supreme Court whose decision is extremely progressive on such a difficult issue for our society, especially on the matter of gender identity to the possible extinct. This is the first time ever any Supreme Court has spoken such a positive manner on gender identity issues ever on the world. We salute our honorable judges Balaram KC and Pawan Kumar Ojha.We would like to express our sincere gratitude to all friends, leaders, media, civil society, international support, political parties, OHCHR, ICJ, National Human Rights commission, Human Rights Watch, FWLD, Front Line Defenders, ILGHRC, Lawyers Collective, Alternative law forum, NFI, Outrageous, ARC international and our lawyers (Hari Phunyal- ICJ, Rup Narayan Shrestha- FWLD, Hari Upreti, Bhuvan Niraula, Sarmila Dhakal, Prem Rai-ICJ, Chandra Kanta Gaywanli). I also salute our LGBTI communities who have fought for years and stood for these rights even in difficult times and situation, without whose collective struggle it would have never been possible.
We would like to express our hearty thanks to our donors, LLH/Norad, HIVOS, Dutch Embassy, Astraea Foundation, Sigrid Rausing Trust, CCOs, Sidaction, Elton John Aids Foundation, FHI, PSI, DFID, Global Fund for Women, Mama Cash, Urgent Action Fund, and Butlars County and many more.
Sunil B Pant
Blue Diamond Society
Source: Blue Diamond Society
A New York-based human rights group has urged the Nepalese authorities immediately to release a group of gays and transsexuals arrested recently. They were arrested for creating disturbances in public places in the capital, Kathmandu. Human Rights Watch say that they have been held without charge. The arrested men an women were all members of the Blue Diamond Society (BDS), an organisation that provides HIV-prevention services and campaigns for the rights of sexual minorities.It has accused the authorities of intimidating sexual minorities and has called for an investigation into allegations of violence against them. Gays and transgender people were arrested following complaints about sexual assaults against pedestrians during the night. In trying to stifle the voices of sexual minorities, Nepal demonstrates its indifference to basic rights of expression and assembly. The police said the detainees were being charged under a public offence act. Human Rights Watch say that while there is no provision in Nepalese law that explicitly criminalizes homosexual conduct, the country's civil code punishes "any kind of unnatural sex" with up to one year in prison. The group says that this provision has been used to justify arrests of men who have sex with men and transgender people.
Human right Watch published a statement:
trying to stifle the voices of sexual minorities, Nepal demonstrates its
indifference to basic rights of expression and assembly. In trying to silence
those who Publication police abuse, the Nepalese government shows its determination
to punish the messenger.
Human right Watch published a a news letter:
to Human Rights Watch
June 18, a private lawyer petitioned the Nepalese Supreme Court to shut
down the Blue Diamond Society, a nongovernmental organisation working in
the areas of sexual health and human rights. The petition accused the group
of trying to "make homosexual activities legal," and demanded it be banned
because homosexual conduct is criminalized in Nepal.
In response to the petition, the Supreme Court gave the Ministry of Home Affairs until July 27 to show why "open homosexual activities" should not be banned in Nepal. Pointing to recent allegations of police abuse in Nepal based on sexual orientation and gender identity, Human Rights Watch urged the ministry to confirm its commitment to protecting human rights without discrimination.
While there is no provision in Nepalese law that explicitly criminalizes homosexual conduct, Part 4, Chapter 16 of Nepal's civil code (Muluki Ain) punishes "any kind of unnatural sex" with up to one year in prison. This provision has been used to justify arrests of men who have sex with men and transgender people.
The Blue Diamond Society provides peer support and HIV/AIDS education for lesbians, gays, metis (transgender persons) and men who have sex with men. The organisation also engages in public education campaigns about sexuality and human rights. It has repeatedly filed official complaints over police abuse of the communities it supports.
recently, on July 5, the Blue Diamond Society organized a demonstration
in the capital Kathmandu to protest recent incidents of violence, including
sexual abuse, against metis and men who have sex with men. As a group of
approximately 50 demonstrators tried to march peacefully from the Bhadrakhali
Temple toward Singha Durbar to present a petition to Prime Minister Sher
Bahadur Deuba, police reportedly dispersed the group violently, beating
several of the protesters.