299 provisions are discriminatory to homosexual, transgender


Kaski (Pahichan) September 9 – Advocate Prem Bahadur Thapa has said that altogether 299 clauses of Civil and Criminal codes are discriminatory to homosexual and transgender. Thapa said a proposal has been registered at Parliament to cancel those discriminatory provisions. He also sought the support from lawmakers to change laws.  

Speaking at a two-day national consultation meeting organized at Pokhara by Blue Diamond Society, Thapa said as the verdict of Supreme Court has allowed for the same, laws should be formulated to legalize same-sex marriage through the implementation of laws. Thapa said article 12, 18 and 42 of new constitution has ensured the rights of LGBTI.

Thapa said that court verdict on citizenship on the basis of gender identity has not been implemented.  According to him, members of this community are facing a lot of problems to receive citizenship.

Bishnu Prasad Regmi, undersecretary at Ministry of Law, said ministry is ready to fulfill all the responsibility towards LGBTI that comes under the ministry.  He, however, said a state mechanism cannot fulfill all the rights.

Regmi said it is very difficult to inform people about the homosexual. He said Ministry is sincere about the rights of transgender while disseminating awareness campaign in 73 districts.  Regmi said it is the responsibility of all including media and transgender to implement the constitution provisions about the rights of transgender.

General Secretary of Nepal Bar Association Khumba Bahadur Khati said it is necessary about the amendment needed in civil and criminal code. He advised to provide suggestions identifying the areas of amendment.

He said any laws that would be contradictory would be automatically cancelled. UML lawmaker Tuka Bhadra Hamal confessed that political parties did not pay sufficient attention to the plights of homosexual and transgender. Hamal expressed commitment of playing a supportive role to formulate laws in favor of LGBTI. Nepali Congress lawmaker Jiwan Bahadur Shahi said Ministry of law should play an active role to ensure the rights of this community in the new laws through constitution implementation.

Shahi said there is a need of reservation for the members of this community in the government services. Shahi said he is ready to assist Monica Shahi for her attempt to scale Mount Everest.

Chairman of INSEC Subhodh Pyakurel said citizenship is a basic document of behavior of state with its citizen. Pyakurel said citizen could go to constitutional court in case they face any difficulties.  He underlined the need of dissemination of report on same-sex marriage and lobby in favor of it.

Secretary at National Human Rights Commission Bed Prasad Bhattarai said from human rights perspective all man are equal. Bhattarai said they are ready to support for the protection of human rights of transgender. Bhattarai further added that they are ready to make recommendation. Bhattarai said NHRC has already started to mention O category and has already announced a focal person.

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