Why is there negligence to address the plights of LGBTI ?
Kathmandu (Pahichan) February 8 -Members of sexual and gender minority are compelled to live in heterosexual relation due to the lack of legalization of same-sex marriage in Nepal. The marriage against will of any people is taken as a crime. However, our society is reluctant to accept this community and they are forced to live and marry against their will.
Due to the forced marriage, members of this community are becoming the victims of rape and other forms of social violence. The Civil and Criminal Code Act 2074 BS promulgated last year said the provision of two year jail-term or twenty thousand fine if anyone is forced to marry against the will. However, people who are living concealing their gender identity are unlikely to get benefit from such provisions.
Those who have disclosed their gender identity and say, ‘I will not marriage against my will,’ do not have other marriage options. A larger number of people who are forced to conceal their gender identity are still denied justice according to such provisions.
The section 18 of Criminal Code 2074 has a provision that there would be five years of jail in the case of marital rape. However, members of this community are in marriage relation with heterosexual partner are becoming the frequent victims of marital rape. In the absence of marriage law, such provisions have not any reliefs to this community.
The law also has the strict provision against law but members of this community continue to face problems. The constitution of Nepal has ensured equal rights to the members of this community.
Article 18 and article 42 are the keys when it comes to cementing the rights of this community. Such provisions show that state is entirely illiberal to the rights of this community.