Kathmandu (Pahichan) August 17 – Now, citizenship is available on the basis of gender identity. As per the constitutional provisions, gender identity must be mentioned.  Currently, there are three sections: male, female and others.

Before the Home Ministry made order on 2069 Poush 16, only male and female was mentioned. Later, others category was incorporated.

LGBTI community is of the view that they should get citizenship as per their identity and those who have already have taken citizenship must get chance to change their identity in citizenship as well.

Ramesh Dhakal, Spokesperson at Ministry of Law, Justice and Parliamentary Affairs said change of name in citizenship could create problems on educational documents.  Dhakal said though members of this community are eligible to get citizenship, it is not possible to change gender identity of already issued citizenship.

“Only the change of name is not sufficient, there could be problems in other documents,” Dhakal said. Responding to the petition registered by Founding Chair of BDS Sunil Babu Pant, Supreme Court directed the government to provided citizenship to transgender as per their gender identity on Poush 6, 2064.

The SC also instructed government to end discrimination to this community and form commission to study on same-sex marriage. The Home Ministry issued a circular respecting the order made by SC. However, several district administration offices were reluctant to implement SC order.

Again another petition was filed at SC by a team of BDS. SC again instructed government to ensure the rights of this community.

Now, there is a new provision in the new constitution which ensures the citizenship on the basis of identity. There is provision in the bill which ensures citizenship from mother and father. Similarly, gender category should be clearly mentioned.

People who have change their gender after receiving citizenship can get citizenship as per changed gender.

A bill registered in Parliament to amend Citizenship Act 2063 has clearly mentioned that if anyone registers an application seeking citizenship as per this change gender identity, he or she would get citizenship as per his new gender identity. People wishing to change their gender are going abroad.