Civil code ensures parental property to LGBTI community
Kathmandu (Pahichan) August 16 – Now, members of sexual and gender minority will not have to face hazards to receive parental property if mother holds such property.
The civil code which comes into implementation from August 17 clearly states that if mother is in the position of allocating such prosperity, it first needs to be allocated for the baby that she is going to deliver.
As per the new provision, if any woman is pregnant at a time when she is in position of holding property the baby girl or boy is eligible to get property. Such provision is applicable for sexual and gender minority. This community which secured their rights in the constitution can take benefit from such provisions.
Members of this community are facing discrimination in family due to their separate gender identity and they are denied from parental property. Some members of this community express their desire to take care their father and mother but they are expelled from their family.
The new provision is a sort of relief to inter-sex children who have clear gender identity during the time of birth. According Ramesh Dhakal, Spokesperson at Ministry of Law, Justice and Parliamentary Affairs, new provision would not create obstacles to get the property from parents. He said all babies irrespective of their separate gender identity will get the parental rights.
Civil code says:
205: Husband, wife, mother, father, son, daughter will be the main co-heir of parental property
206: (1 ) All the members have equal rights in the property of patents. (2): If any women hold property during the pregnancy, baby is eligible to receive parental property. (3) If baby dies during the birth, the property allocated to baby will be distributed equally to all members