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Nepal SC orders govt
to guarantee gay rights
22 Dec 2007- Kathmandu -
Nepal's top court has directed the government to frame laws to
"safeguard the rights" of gays and lesbians so that they could "live an
independent life" in the highly conservative Himalayan state.
"Lesbian, gay, bisexual, trans-sexual and inter-sex [LGBTI] are also
'natural persons' though they are not masculine or feminine from the
perspective of gender," the Supreme Court said, adding "And they should
be allowed to enjoy all the rights defined by national and international
human rights law and instruments."
"The government of Nepal should formulate new laws and amend existing
laws in order to safeguard the rights of these people," a division bench
of the apex court said in its landmark judgment.
Sexual minorities in Nepal have been fighting an identity battle for a
long time. Justices Bal Ram KC and Pawan Kumar Ojha in their verdict
ordered the government to either create a conducive environment for the
enjoyment of all rights by LGBTI or amend existing discriminatory laws.
Though the exact number of sexual minorities is not known, media report
quoted Sunil Babu Pant of 'Blue Diamond Society' as saying that they
comprise eight to 10 percent of Nepal's population. He said 80,000
sexual minority people have come into contact with his organization so
far.
The court verdict yesterday came in response to a public interest
litigation filed by Pant. The apex court ordered the government to give
recognition to the people of 'third' sex while issuing citizenship
certificates or other state benefits.
"We have got legal status now. We will get documents of our preference,"
an elated Pant was quoted as saying in the local media today.
The court also underlined the need to study laws on same sex marriage in
other countries so as to frame necessary laws in the Himalayan nation.
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