LGBTI hails first amendment to constitution


Kathmandu (Pahichan) January 28 – The LGBTI community has welcomed the first amendment to constitution stating that it has accommodated gender and sexual minority in the cluster under social justice section which has also ensured proportional inclusion.  

Blue Diamond Society (BDS), former lawmaker Sunil Babu Pant among others welcome the amendment stating that it has made newly adopted constitution more progressive. This community hailed promulgation of new constitution stating that it is the top constitution in Asia when it comes to ensuring rights of gender and sexual minority.

In the article 12 of constitution it is stated that citizenship would be provided on the basis of gender identity, there is the right to equality in article 18 of constitution, while article 42 is related to social justice. As per social justice section, there would be proportional representation of all marginalized community including LGBTI.

“The Madhes movement has ensured proportional inclusion of marginalized community in all state mechanism which is a welcome development,” Pant said. “It would help all the minority community to be a part of social mainstream,” he said adding that it has opened the doors of opportunity to members of this community.

Chairman of BDS Pinky Gurung said amendment is a welcome move and they will organize a formal program soon.  “We have taken it in a positive way because it has paved the way for a lot of opportunity,” said Gurung underlining the need of formulation of laws for the effective implementation of constitutional provisions which would ensure the rights of this community.

Executive Director of BDS Manisha Dhakal amendment is a progressive step in securing the rights of gender and sexual minority, and time has come for the formulating laws and practices the rights instead of struggle. “The constitution provision is not sufficient, we need to formulate laws for the effective implementation,” Dhakal said, “In the past, and we struggled to mention our rights in constitution now time has come to practice it.”  Dhakal said they still need positive discrimination.

Advocate Prem Thapa said along with gender and sexual minority, the constitution has encouraged several minority group of the country. “There were not reservation for them, new constitution will allocated reservation seats for them,” said Thapa. He said federal laws should ensure reservation to this community.

Advocate Sujan Pant said though there are some language problems while conducting amendments, there are not any ambiguities. “The provisions of clear cluster have paved the way for the effective implementation,” said Pant.

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