Major provisions of proposed bill on LGBTI 

Kathmandu (Pahichan) April 5 – A five-member Board will be formed to identify the issues and problems of gender and sexual minority, and make the necessary recommendations to government. Such provisions has been made the in the preliminary draft of gender and sexual minority.

An expert doctor appointed by government will lead the Board comprising a mental doctor, a sociologist, a lawyer, and a representative appointed by National Human Rights Commission.

The Board will provide the suggestions and recommendations to the government. The draft has defined the sexual orientation saying ‘ same organ, separate organ but emotional attachment, sexual attraction or capacity for the sexual intercourse.’  Similarly, gender identity means deep feeling from inside and other habits, dress, speaking and other gestures.

The gender and sexual minority gay, homosexual, transgender, inter-sex among others. The draft says that members of this community are free to receive citizenship, passport, voter identity and other legal documents. The draft says, guardians can identity the gender while registering the births. The bill also paves the way of freedom to marry after the mutual consent and it allows for same-sex marriage. Similarly, it has proposed for the adoption of children by the members of this community fulfilling the provisions of laws.

It has ensured rights to participate in political affairs, right to appear in public forum with dress, right to access, right to opportunity, right to employment, right to education, right to health, right to social security and other rights without any social discrimination. The draft has provided the rights to property, fatherhood and motherhood. Members of this community are free to participate in any sport activities.  The members of this community are free to change their gender identity through the surgery.

The draft has said that there would not be any discrimination against this community in all government services and facilities. There shall not be any discrimination and exclusion on the basis of gender identity. It is not allowed to discriminate in the society as well as in the family. There is a provision of filing a complaint at District Administration office if there are violence and discrimination against this community.

Three months of imprisonment or 50 thousand penalty has been proposed for the people who insults or discriminates members of this community. The census of this community has been made mandatory. If members of this community faced by economic, social and mental tensions, there is a provision of compensation. Regulations, Directives and other standards will be formed as per the law.