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Supreme Court issues ruling in favor of LGBTI

Supreme Court of Nepal has, in response to LGBTI complaints, issued directive orders to the Government of Nepal to end discrimination against its homosexual citizens.

Last April, four LGBTI organizations including Blue Diamond Society had filed a writ petition demanding to defend and protect equal rights of lesbians, gays, bisexuals, transgender and intersexes (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.

”The government of Nepal,” says the ruling, “should formulate new laws and amend existing laws in order to safeguard the rights of these people. Lesbian, gay, bisexual, transsexual and intersex are natural persons irrespective of their masculine and feminine gender and they have the right to exercise their rights and live an independent life in society."

Sunil B Pant, the President of Blue Diamond Society sees this decision as “extremely
progressive on such a difficult issue for our society, especially on the matter of gender identity to the possible extinct.”

On the issue of same sex marriage, the Court has also issued directive order to form a 7 member committee 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.

With the Supreme Courts ruling, it is believed that Nepalese 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.


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