Tears of Joy for Nepali Gays, Transgender Persons over Supreme Court Decision

Government is directed to address discrimination – and even same-sex marriage

■ Sunil Pant MP: “It is the most beautiful news”.

SOURCE:  UKgaynews.org.uk

KATHMANDU, November 17, 2008  –  There were tears of joy in the Nepali LGBT community today when the Supreme Court published its full written decision on a petition demanding both protection and rights for sexual and gender minorities.

“Reading this decision my eyes were filled with tears and I felt we are the most proud LGBTI citizens of Nepal in the world,” admitted Nepal’s only openly gay Member of Parliament Sunil Babu Pant, who heads the country’s Blue Diamond Society.

“It is the most beautiful news,” he added.

The petition was filed by the Blue Diamond Society and three other LGBTI groups in Nepal.

The Nepali Supreme Court is translating its decision into English, but highlights from the published Nepali decision are (unofficial translation):

■  In relation to this matter, directive order has been issued to the Government of Nepal to enact new laws and amend all existing discriminatory laws so that all individuals with different sexual orientations and gender identities can exercise equal rights like any other citizens of Nepal.

■  A seven-member committee to be formed by the government of Nepal to study the different same sex partnership/marriage bill/act in other countries and recommend the government to make same sex marriage/partnership act.  Based on the recommendation of this committee, the government must introduce a same sex partnership/marriage act.

■  The decision also addressed “cross dressing saying can’t be taken as “pollution” but should be taken as individual’s freedom of expression.

■  All LGBTI must be defined as “natural persons” and their physical growth as well as sexual orientation, gender identity, expression are all part of natural growing process.  Thus equal rights, identity and expression must be ensured regardless of their sex at birth.

Nepal Jumps Ahead on Gay and Transgender Rights

by Bhumika Ghimire

SOURCE:  globalvoicesonline.org

After California voters passed the proposition to ban gay marriage in the state, gay and transgender rights is back on the headlines in America. While the debate rages on there, Nepal - a faraway country, much smaller and often ignored on the world stage is now being looked upon as an example on how to handle the gay and transgender rights issue.

On November 17th Nepal’s Supreme Court issued a historic rulingwhich grants protection to gays, lesbians and transgender community in the country. It also open doors for gay marriage rights and end all discriminatory laws.

At Towleroad commentators expressed their support for Nepal’s decision. John in California notes the country’s Supreme Court ruling and also changes happening in Asia regarding sexual minorities and transgender rights.

“I don’t think we’ll see much momentum on gay issues in the Middle East and Africa beyond what has already happened in Israel and South Africa…… I think the gay rights movement of the 21st century will be fought in these two areas of the world. Aside from this great ruling in Nepal, we’ve seen some encouraging signs Asians are finally willing to talk about sexuality.”

Efforts of a Nepali gay rights group is also being discussed by bloggers, especially the fact that the group-Blue Diamond Society’s founder Sunil Pant is the only openly gay member of Nepal’s Constitutional Assembly. PinkNews UK quotes Mr. Pant’s reaction to the ruling

“Reading this decision my eyes were filled with tears and I felt we are the most proud LGBTI citizens of Nepal in the world.”

Nepal’s efforts are having effects in neighboring countries too, especially India. Transgender rights activists in city of Bangalore (now called Bengaluru) are looking at changes in Nepal and hope that the city police’s campaign against sexual minorities would end soon.

“Police from Banashakari Police Station (Bengaluru City) verbally abused and assaulted (physically and sexually) 40 plus human rights defenders and sexual minorities when they questioned the illegal detention of 5 hijras (transgenders) by Girinagar Police station on 20th October, 2008.”

Interestingly, the question about religion has not affected gay rights debate in Nepal. The country is majority Hindu, with Muslims, Buddhists, Christians and indigenous population making up about 10% of the population. Some attribute this to the lack of rigid hierarchy or leadership structure in Hinduism.

“In 2004, Hinduism Today reporter Rajiv Malik asked several Hindu swamis (teachers) their opinion of same-sex marriage. The swamis expressed a range of opinions, positive and negative. They felt free to differ with each other…..made possible by the fact that Hinduism has no one hierarchy or leader. As Mahant Ram Puri remarked, “We do not have a rule book in Hinduism. We have a hundred million authorities.”

Ancient Hindu texts like the Mahabharta have transgender characters that did not face discrimination from the society and even Lord Krishna was fond of cross dressing to please his beloved.