New Jurisprudence in Citizenship: LGBTI can change their name and identity


Madhav Dulal/Kathmandu (Pahichan) September 17 – Now, members of gender and sexual minority can receive citizenship changing their name and gender identity. The Supreme Court has prepared a full-text its verdict made on 2073 Magh 10 which paved the way to receive citizenship based on identity.

Once government starts to implement this verdict, a new law will prevail in the field of citizenship. The SC had made verdict on the basis of writ filed by former lawmaker Sunil Babu Pant, President of Blue Diamond Society Pinky Gurung and transgender rights activist Anika Rana.

The Supreme Court has accepted the fact that members of this community were feeling hurt and undermined to live with different identity than their actual feelings. The Supreme Court has also rejected the current provisions of amending citizenship only on the basis of the recommendation of local bodies and record of educational institutions.

The Supreme Court has mentioned that people with different sexual orientation should get the freedom to live with their identity. The SC has also mentioned about the article 12 of the constitution which has ensured citizenship on the basis of identity.  The Supreme Court is of the view that it would be against the human rights not to provide citizenship on the basis of identity.

The SC has also stated  that there is a need of separate law in order to ensure amendment of the  educational certificates and other important documents on the basis of citizenship.

In its explanation, SC has said requested the government to make necessary laws. SC has also drawn the attention of prime minister’s office, Ministry of Federal Affairs and Local Development among others to create a proper atmosphere for the gender and sexual minority at the local level.   On this petition, Advocate Hari Phuyal and Sujan Pant pleaded on behalf of plaintiff . Advocate Pant said the Verdict of Supreme Court has established a new jurisprudence in citizenship.

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