Manisha Dhakal/Pahichan – Section 377 of the Indian Penal Code dating back to 1861, introduced during the British rule of India criminalized sexual activities “against the order of nature”, including homosexual activities. Bangladesh, India, Pakistan, Srilanka and Maldives adopted same law because there was British Raj. Even after the end of British Raj, they continued to adopt same law.

Most of the nation in south Asia, except for Nepal, adopted the law made by the British. It has labeled transgender as a crime. The person like us as transgender who are inherently having character, growing behaviors were taken as crime since the long time.  In this context, sincerely we feel lucky as well as proud. In Nepal, constitution has clearly mentioned about the rights of this community. Nepal became third country to mention about minority in its national charter rights after South Africa and Ecuador.

Right to marriage

Nepal government formed a high-level committee which suggested legalizing same-sex marriage and asked to provide citizenship on the basis of identity. The Committee was formed following the Supreme Court order in 2007 and it already submitted the report.  The report, however, has not been totally implemented. In 2008, Nepal government allocated budget for the empowerment of sexual and gender minorities. During that time, the national budget was 2.5 million. Many law students cite the Supreme Court order as a case study in the legal field.

In the first the Constituent Assembly election held in 2008, many our friends became cross-party candidates but they could not win the election but they enjoyed such moment.  At that time, Founder of Blue Diamond Society Sunil Babu Pant was nominated as CA member and he played a vital role to establish the rights of transgender.

 In 2015 constitution, transgender issue was mentioned in the election manifestos of political parties and constitution cemented the rights of transgender. There was gradual acceptance in the society. However, our friends who are living in districts and gross-root level have not received such opportunities.

 Citizenship problems:

In 2013, government issued an order to District Administration offices asking to provide citizenship on the basis of their gender identity but we still face many problems and difficulties. According to District administration, medical certificate should be introduced. You are not entitled to come with a transgender medical certificate which is harassment for us and it is not possible for everyone to change gender. As we know, which blood test and X-ray are clarified as transgender? That’s a matter of feelings. It is a matter of self-claiming. But society doesn’t understand it. There are such types of a problem so no one claim to say there is not any problem. Whatever it is, it should be a comfortable environment.

 Right to receive passport

Since from 2015, Department of Passport started to issue passport as per gender identity. It is introduced in different countries. Australia and Taiwan exposed as X.  Pakistan’s President has proved the transgender comitia. This society is not fully with male and female. It is not a gender or not binary people than the binary system but in passport and citizenship, O, X and T denoted to transgender person in some countries. After the identity of citizens and gender that could not get citizenship for new citizenship, they could not be renamed for the first time, then the transgender rights activist of Rupandehi, Anik Rana, registered 75 cases of district officers as a discipline and registered a case in a court. We are also the transgender of the old ones. There were not to enough to change gender. Name is even enough to explain many things. Since 2017, September, only Supreme Court has the directive order to change their names and they have any educational certificates.

In 2012, Nepal government had organized an international conference of transgender people. Now, Ministry of Women, Senior Citizen and Children is conducting various programs targeting this community. Ministry has formed a high-level committee to suggest ways for biological marriage equality. There is a comfortable environment in Nepal and acceptance rate is growing but is not completely acceptable.

Constitutional provisions are not implemented

Constitution has ensured the rights of LGBTI but it has not been implemented. Now, the obligation is to take effect on the implementation process. We also have the right to publicly acquire the rights as other have received. We need equal right as other people. We are hopeful to make such policy that there is not any discrimination. It should be written not only in the law that the publicity is gathered and it must be inclusive. We want to see our rights be implemented in daily life. It is Parliament that promulgates law. There are several discriminatory laws which need to be amended to make them gender friendly.

A summary of speech delivered by Manisha Dhakal in Pokhara few days ago. Dhakal is Executive Director of Blue Diamond Society.