Let’s make law clear on LGBTI language


Subas Nembang/Pahichan – As we are moving forward to introduce LGBTI bill, a lot of sensitive issues have been raised during the deliberation on the issue. This is a great step taken by friends to bill law in parliament.

A big portion has been speaking up for the law, and here we are deliberating on draft bill. Obviously, there are diverse perspectives on the subject. Two years ago when talked about Supreme Court’s order came and homosexuality came, people used to say that if Nepal would become a hub for gay tourists from the world.

There are diverse perspectives on the issue. We should not be offended by this. Regarding this issue, views have come from various angles. It is necessary to raise these kinds of questions and then we can come to a conclusion with a discussion.  People wanted to know the view of state concerning this issue, so I would like to start from the very topic.

First of all, present constitution is a historical constitution because it has been introduced in this way for the first time in history of Nepal. The constitution has its clear voice on LGBTI. The term gender and sexual minorities have come in various parts of constitution. Before this constitution, this term was never mentioned. Therefore, it is a great achievement and a great milestone.  In article 18, the constitution clearly says that there shall not be discrimination to gender and sexual minorities.

Similarly, this constitution has listed gender and sexual minorities in category of positive discrimination. That is why state can make a separate special law for betterment of this community.  The state is very clear on gender and sexual minority. It is clear on basis of theory; state will involve gender and sexual minorities.

Not only this much, there is also provision of formulating special laws through positive discrimination, for upliftment of gender and sexual minorities.  I don’t think we need to have further discussions on it. At least we have same stand in this issue. The way civil society and political parties have participated in the discussion has gave a strong sense that we agree on this ground.  This is a very important issue and considering this importance, we need to formulate law for it.

There is a long path of decision. We are now discussing on draft bill. After this draft is prepared government will decide their priority issues. Government has included this issue, among the issues that require law to be formulated, during process of constitution implementation.

This law should be made, but also should be discussed as far as we can or need to. The process in parliament is long. Before the law gets passed, we have a long time to bring and accommodate various sorts of ideas and concepts. There is no doubt that gender and sexual minorities are facing various problems.  And these are not just personal problems, these are problems of society and these are problems of the state.

We should take this issue in this way and we have taken as well. We can understand this from the provision in constitution. Marriage equality is your right. This is because, this is not just your issue and it is the issue of state. This is how we should take things.

Radheshyam has put the idea of a board. This issue must go to every district. We should also put your representative in the state. Even among you, there is diversity. We need to see how strongly we can include and participate this diversity. That board can work efficiently. Proposal has come to establish the board and make its reach in every district. In this time, having this much base is of course good. That is why this law would also be historical.

(A summary of the speech made by former speaker subas Nembang on the topic of gender and sexual minoroty)

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