Here are the reasons, Why we should celebrate Poush 6 as historic day

Pahichan
December 22, 2019

Kathmandu (Pahichan) December 22 – For LGBTI community, Poush 6 is regarded as a historic day. The reason is: on Poush 6, 2064 BS (21,December 2007), Supreme Court of Nepal issued a verdict recognizing a separate identity of third gender in society. This forced government to issue citizenship as per gender identity, and there was the implication of this verdict while drafting a new constitution on 2072 BS. The new constitution has ensured the rights of sexual and gender minority. There are multiple positive effects of Supreme Court verdict which should be recognized properly.

All credit for this achievement goes to Founder of Blue Diamond Society and member of Constituent Assembly Sunil Babu Pant who filed a case in court on 2064 Bhaishak 5. On Poush 6, a joint bench of Pawan Ojha and Balaram KC delivered the historical verdict. Following the verdict Bishnu Adhikari, a resident from Kaski, became first third gender to receive citizenship as per the gender identity. The writ was filed by Pant, vice-chair of Mitini Nepal Mina nepali, Sanjeeb Gurung and Executive Director of Parichaya Nepal Manoranjan Kumar Baidya.

SC also urged the government to form a panel to study about the possibility of legalizing same-sex marriage. As per the court order, government formed an expert panel which has already submitted its report, suggesting government that there is not harm in legalizing same-sex marriage. But the recommendation of report is gathering dust and there have not been any serious efforts on the part of government to translate report into the law. Following the court order, Ministry of Home Affairs issued circular to all District Administration Offices to issue citizenship and it has been implemented. However, members of this community are still facing difficulties to get citizenship as there are tendencies of seeking medical proofs.

There have been follow-up writs and verdicts as well. Rajani Shahi and Prem Kumari Nepali filed a case in court stating that they are denied to live together though they are homosexual females. Joint bench of Kalyan Shrestha and Girish Chanda Lal on Kartik 20, 2069 issued a verdict saying that it is matter of individual choice to live together and they can spend time according to their wishes. The verdict further added that every individual has right to choose partner and stay together.

Regarding this community, third writ was filed in Supreme Court, Sunil Babu Pant filed writ in 2070 Kartik 3. The writ was filed after District Administration Office Rupandehi sought medical certificate to provide citizenship to sexual and gender minority. A joint bench of Deepak Kumar Karki and Hari Krishna Karki delivered a verdict stating that there is no need of presenting proofs. As per the verdict issued on Magh 10, 2073, there has not been amendment to Citizenship Law. The citizenship bill is under discussion on Parliament’s State Affairs and Good Governance Committee but chances of addressing the concerns of this community are very dismal.

LGBTI community celebrates Poush 6 as national day of sexual and gender minority. But, both sides who celebrate Gaijatra and celebrate July as a pride month do not have any programs on Poush 6. There are not any programs from government side as well. Various organizations who are working for the rights of this community have not organized by programs. People who claim themselves of having separate identity than male and female have totally forgotten this day. We cannot forget the historical Poush 6.

The constitution has ensured the rights of this community. The article 18 and article 42 are the solid proofs that there is constitutional guarantee of this community. Despite having constitutional rights and a lot of progress, there are not any preparations to accommodate this community in national census.

The Central Bureau of Statistics has not made any preparations to accommodate this community in national census progress. However, organizations working in this field are not speaking about it. It is sure that members of this community will not be accommodated in the national census and there will not be official data of this community which badly affects to lobby for the proportional representation of this community in state mechanisms as ensured by constitution. So there are multiple and sufficient reasons that Poush 6 should be celebrated as a historic day.