Some suggestions on enhancing the draft bill 


Bhumika Shrestha/Pahichan – Blue Diamond Society is a non-profit organization working for health and other welfare schemes of third gender, homosexual, inter-sex and bisexual.  It is a great achievement for us to arrive at this point in terms of securing rights.

BDS is launching its varieties of program in 40 districts .  In 53 cities, our campaign on securing the human rights of this community and establishing the rights of this community are underway.  I am happy today because social mindset towards this community is gradually changing which is visible everywhere.

People used to mock and laugh when they used to see us or talk about the rights of this community. They used to label us through various abusive words.  It was very difficult to attend and appear public forms in the initial days. Me and my community was denied from the identity.

There was no passport and citizenship on the basis of identity. At that time, I used to see the dream when the discrimination against this community will end.  Legally, I think our dreams have turned into reality and this draft of laws is one of the latest example. The drafted bill is good and major things have been incorporated.

But, i want to add only some missing points.  In 2064 Poush 6, Supreme Court issued a verdict to issue citizenship on the basis of gender identity but that was not properly implemented as the members of this community are still facing difficulties though the process has been eased in comparison to past.

District Administration offices sought the report to produce citizenship on the basis of identity. There is a case in Butual filed by Anika Rana. Chief District Officer in Butual sought the medical report when Rana approached to get the citizenship on the basis of gender identity.  But, it is not easy to produce such report.

Our identity is our certificate. Our members are being expelled from school, they are expelled from family members and they are facing a lot of difficulties in the society.  There should be amendment on number nine of proposed draft.

Though the provisions of passport and citizenship are incorporated, I think it has missed other legal documents.  Some members of this community have very good certificate and their educational qualification is very good. Even after the change of the identity, the educational certificate plays a vital role.

So I make a request to incorporate this provisions in the bill. Similarly, there should be clear provisions on same-sex marriage. Along with stating that members of this community could sit together, it is better to incorporate matured members of this community could live together.  It is better to explicitly mention about this community.

My another suggestion is regarding the formation of board. What about the participation of this community in the board ?  The representation of this community in the board would help to perform the tasks in an effective way.

Similarly, there is provision of violence against this community. Members of this community could face rape but police administration is reluctant to accept the file.  The provisions of punishment and penalty is very low.

I think  it should be increased.  Also think about incorporating members of this community in the inclusive commission and in other minority commissions.

The article 42 talks about the social justice. This should clarify about rights to work. We are denied from the employment should should be addressed while finalizing this bill. We are also denied from the education.  As constitution has already established the rights of this community, you have a big role to play to cement the rights of this community.

At the end my speech, I want to conclude my remark saying that role of the lawmaker and political parties is very vital to secure our rights guaranteed by constitution.  I want to ask to lend more support for us than screwing the rights of this community.

This article is based on the discussed speech provided at the discussions on proposed draft of law on LGBTI

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