LGBT rights in Nepal!!

After almost eight years of deliberations and often bitter debate, the Constituent Assembly (parliament) of Nepal overwhelmingly endorsed a groundbreaking new constitution on September 16. The constitution will come into force on September 20 when President Ram Baran Yadav officially promulgates it in a ceremony at parliament.

Nepal’s new constitution is the first in Asia to explicitly mention the human rights of lesbian, gay, bisexual and transgender (LGBT) people. Nepal now joins a handful of countries around the world such as South Africa (1996) and Ecuador (1998) that provide protections for LGBT people in their national constitutions.
This is Nepal’s first constitution as a federal republic following the dissolution of the 239-year-old monarchy by a parliamentary vote in 2008. It contains several articles that enshrine protections and rights for LGBT people.

• Article 12 states that citizens will be allowed to choose their preferred gender identity on their citizenship document. The choices available are male, female or other.
• Article 18 states that gender and sexual minorities will not be discriminated against by the state and by the judiciary in the application of laws. It further adds that the government may make special provisions through laws to protect, empower and advance the rights of gender and sexual minorities and other marginalized and minority groups.
• Article 42 lists gender and sexual minorities among the groups that have a right to participate in state mechanisms and public services to promote inclusion.

“This new Constitution makes clear that we can be proud of our LGBT identities, and that we can be proud citizens of Nepal,” said Sunil Babu Pant, founder of Blue Diamond Society and Asia’s first openly gay federal member of parliament. “This victory is just the beginning of our long road towards full equality. We are ready to move beyond the discrimination, violence and exclusion of the past, and continue with even greater integrity, responsibility and dedication to contribute to the nation-building process. We will be working together with Nepali and international allies to build our nation, a ‘new, inclusive and prosperous Nepal’.”

The new constitution explicitly states that “sexual and gender minorities” (SGM) cannot be discriminated against by the state or the judiciary. There is no direct mention of same-sex marriage in the new constitution, but all issues related to marriage in general will be handled in the civil code, which will be revised in the future. Notably, in South Africa, constitutional protections were used as a necessary pathway towards full marriage equality, which could happen in Nepal. With equality enshrined in the constitution, the document provides important legal avenues for LGBT activists fighting to pursue full equality without fear of repercussions.

India still has a long way to go and must learn from its neighbours!!

Maybe one day the definition of love will change in India also!!

#Satyam_Bruyat