LGBT rights in Nepal
Encyclopedia
The Nepal
ese government, following the monarchy that ended in 2007, legalised homosexuality
in 2007 along with the introduction of several new law sets. Based on the ruling of the Supreme Court of Nepal in late 2008, the government is looking into legalising same-sex marriage
. According to several sources, the new Nepalese constitution, which is currently being drafted, will include same-sex marriage and protection for sexual minorities.
Despite their participation in the demonstrations that brought down the monarchy, gay-rights groups found themselves ignored by the political establishment, and turned to the judiciary as a more effective way to secure their rights. The media and public have also become more sympathetic to LGBT rights since an incident in which a police officer slit the throat of a transgendered girl.
in addition to male and female.
statements during the civil war. Up until 2007, party members have described homosexuality as "a production of capitalism" that "doesn't exist under socialism", and LGBT people as "social pollutants." Since 2008 with the end of the civil war and beginning of multi-party democracy, the Maoists have came out as supporters of LGBT rights.
organization Blue Diamond Society
, established in 2001, seeks to represent LGBT people in Nepal politically and provide assistance with sexual health in the community. A drop-in centre exists in Kathmandu.
However, according to the Blue Diamond Society, gays, lesbians, bisexuals and Metis (cross-dressing males) sometimes suffer from violence, rape, abuse, blackmailing and murder threats and continue to be discriminated against or even abused in work places.
has announced plans of the Nepal Tourism Board to promote Nepal as a gay-friendly tourist destination. An LGBT Tourism conference was supposed to occur in February 2010. Sensitivity training was said to have been conducted in selected catering and hospitality venues.
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
ese government, following the monarchy that ended in 2007, legalised homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
in 2007 along with the introduction of several new law sets. Based on the ruling of the Supreme Court of Nepal in late 2008, the government is looking into legalising same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
. According to several sources, the new Nepalese constitution, which is currently being drafted, will include same-sex marriage and protection for sexual minorities.
Criminal law
Before the time of the Democratic Republic, private, homosexual relations between consenting adults was a crime, with a maximum punishment of two years in prison. Cross-dressing was also illegal under various laws against public immorality.2007 Court decision
On 21 December 2007 the Supreme Court ruled that the new democratic government must create laws to protect LGBT rights and change existing laws that are tantamount to discrimination.Despite their participation in the demonstrations that brought down the monarchy, gay-rights groups found themselves ignored by the political establishment, and turned to the judiciary as a more effective way to secure their rights. The media and public have also become more sympathetic to LGBT rights since an incident in which a police officer slit the throat of a transgendered girl.
Recognition of same-sex relationships
On 18 November 2008 the Supreme Court directed the government to enact laws enabling equal rights to LGBT citizens. While not explicitly legalising same-sex marriage, the ruling instructed the government to form a committee to look into same-sex marriage.. According to Indian media in 2009, a bill for this was being drafted and was supposed to be introduced by 2010. In the drafting of the new Nepalese constitution, same-sex marriage and protection for sexual minorities was supposed to be established. This is now due to be completed by May 31, 2012.Transgender rights
In the 2011 Nepal census, conducted in May 2011, the Central Bureau of Statistics officially recognized a third genderThird gender
The terms third gender and third sex describe individuals who are categorized as neither man nor woman, as well as the social category present in those societies who recognize three or more genders...
in addition to male and female.
Politics
The Communist Party of Nepal-Maoist has made several homophobicHomophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
statements during the civil war. Up until 2007, party members have described homosexuality as "a production of capitalism" that "doesn't exist under socialism", and LGBT people as "social pollutants." Since 2008 with the end of the civil war and beginning of multi-party democracy, the Maoists have came out as supporters of LGBT rights.
Society
The human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
organization Blue Diamond Society
Blue Diamond Society
The Blue Diamond Society is an LGBT rights organization in Nepal. It was organized in 2001 to oppose the conservative Hindu-oriented laws against homosexuality in the now-former Kingdom...
, established in 2001, seeks to represent LGBT people in Nepal politically and provide assistance with sexual health in the community. A drop-in centre exists in Kathmandu.
However, according to the Blue Diamond Society, gays, lesbians, bisexuals and Metis (cross-dressing males) sometimes suffer from violence, rape, abuse, blackmailing and murder threats and continue to be discriminated against or even abused in work places.
Tourism
The country's most prolific LGBT acitivist, politician and Blue Diamond Society president Sunil Babu PantSunil Babu Pant
Sunil Babu Pant is the first openly gay politician in Nepal. He is one of five members from the CPN in the constituent assembly, and is also head of the Blue Diamond Society, the only gay rights group in Nepal...
has announced plans of the Nepal Tourism Board to promote Nepal as a gay-friendly tourist destination. An LGBT Tourism conference was supposed to occur in February 2010. Sensitivity training was said to have been conducted in selected catering and hospitality venues.
See also
- Same-sex marriage in NepalSame-sex marriage in NepalOn November 17, 2008, Nepal’s Supreme Court ruled in favor of laws to guarantee full rights to LGBT people, and all gender minorities must be defined as “natural persons” under the law; this included the right to marry...
- LGBT rights in Asia
- Human rights in NepalHuman rights in NepalHistorically, civil liberties been limited, but Nepal’s government has not been regarded as among the world’s worst violators of human rights. Nevertheless, human rights violations have increased substantially since the escalation of civil conflict in 2000, and security forces engaged in...