Laws cannot grab the rights provided by constitution and society: Shah

Lalitpur (Pahichan) April 27 – The constitution of Nepal has provided the rights of equality to homosexual, transgender and inter-sex people. On the basis of constitutional rights, Ministry of Children and Senior Citizen has formed a committee to prepare a draft of law in a way that will pave the way for the legal same-sex marriage in Nepal. However, the civil code defined marriage as a male and female which brought the controversy into limelight.

That is why there are different opinion among the lawmakers and policy-makers. The civil code which will come into implementation after Bhadra 2075 has defined marriage between male and female which means there is a type of prohibition in other types of marriage.

 These are the arguments made by lawyers which are not acceptable for the LGBTI community. When Transgender rights activist Bhakti Shah heard such logic from lawyers, he objected such logic. Shah argued that as society and constitution has already accepted this community, law cannot put any restrictions. “I am in marriage relation since 1 year. We are accepted by our society. Constitution has already granted rights. How a law can put restrictions?” he said.

Stating that the rape case is increasing, Shah said rape against same-sex women is terrible. He said law that suppresses to this community is not accepted to this community. He said social problems should be redressed by laws.

He said no laws can prevent any individual to marry according to his will. Deputy Speaker Shiva Maya Tumbahangphe said that new laws should be formulated as per the constitutional provisions. “As constitution has provided all the rights of citizen, proportional presentation and inclusion, laws cannot become a barrier. Parliament will make laws accordingly,” said Deputy Speaker.