Kathmandu (Pahichan) August 6 – There is a saying that river would complete its course after 12 years. Or, the difficulties will gradually erase and good days with new hope will certain wait for everyone. However, it has been more than 12 years, since Supreme Court delivered a landmark verdict but it still remains unimplemented.

In 2064 Poush 6, (December 21, 2007) SC had delivered a historic verdict in favor of gender and sexual minority. With the verdict, for the first time, members of sexual and gender minority felt security about their identity. Political parties in power are still overlooking this issue and they are not serious to make laws respecting court verdict. Still, the identity of sexual gender minority is largely limited to third gender and there is not sufficient knowledge about the broader areas of this community.

It covers only one aspect i.e transgender. Even the organizations who claim of working to secure the rights of this community have not launched effective campaign have not launched any programs to ensure the identity of this community.

Balaram KC was one of the SC court judge who delivered historic verdict 12 years ago. KC has already taken the retirement but it remains unimplemented. “The delay in the implementation of verdict has weaken people’s trust in rule of law,” KC told Pahichan. “However, it is a matter of sad that the constitution made by Constituent Assembly did not recognize this issue,” K.C said. According to him, they had instructed government to ensure legal framework to ensure all rights of gender and sexual minority. He made it clear that verdict also speaks about the rights of marriage. LGBTI community is working to ensure the rights of marriage. According to him, following the right to equality, they gave the verdict in favor of same-sex marriage.

According to him, they went through the legal provisions of Scanedevian countries which have legalized same-sex and third gender marriage.  KC said though it has been publicized that Nepal’s constitution is progressive, it is very narrow-minded when it comes to providing rights to sexual and gender minority. The full-text of SC verdict was forwarded to CA but constitution failed to address the issue. He said civil and criminal codes issued last year are more conservatives. He said those codes impinge the rights of equality and privacy.

KC said there is a need of strong voices and pressure for the implementation of verdict delivered twelve years ago. He said members of this community should speak loudly and should have the courage to speak. KC said members of this community should think of knocking the door of the human rights council for the implementation of this verdict.

When protectors deviated from their genuine responsibility