Kathmandu : The Supreme Court has given priority right to the writ petition filed by the sexual and gender minority community seeking government jobs.
The apex court issued an order in the name of the government asking it to submit a written response concerning the petition within 15 days through the Office of Attorney General.
“Considering the seriousness of the content in the petition, the writ petition should be submitted as per the Rule 73 of the Supreme Court Rules, 2074 since it seems that it should be settled soon,” according to the verdict responding to the writ petition filed by ‘MayakoPahichan Nepal’ seeking government jobs for the sexual and gender minorities.
‘MayakoPahichan Nepal’ is an organisation established for the rights of the sexual and gender minority (homosexual, transgender, intersex, bisexual) community.
A single bench of Justice Prakash Man Singh Raut also issued an order seeking reasons for not including the sexual and gender minority communities in the civil service.
The writ petition was filed by four people including Surendra Pandey, Secretary of the MayakoPahichan Nepal, demanding the inclusion of the sexual and gender minorities in the civil service. Asia’s first gay parliamentarian and executive director of the MayakoPahichan Nepal Sunil Babu Pant took the leadership on the initiative. A historic same-sex marriage involving Pandey and Maya Gurung has been recently legally registered in the country.
Senior advocate Kedar Dahal said since no separate law has been made for the sexual and gender minorities, the bench has refused to issue an interim order on the request for the Public Service Commission to manage the participation of the community in next examinations.
“The writ petition demanded the participation of the community in next Public Service Commission’s examinations. Since no laws have been made regarding the sexual and gender minorities so far, the bench did not give an interim order.”
Calling for the bench to deliver justice soon, Pant commented that the court’s verdict was positive. According to the 2078 census, the population of this community was 2,928.
However, the petitioners have claimed that the sexual and gender minorities make up five to seven percent of Nepal’s population.
According to the petition, the community cannot open in the society due to the hatred, prohibition and exclusion aimed at the community.
The community cannot compete with other persons for civil service jobs due to various factors like cultural, social and family discrimination against them, and their intellectual and mental conditions, it has been mentioned in the petition.
Advocate Raunik Aryal said that the writ petition was filed in the Supreme Court because the Civil Service Act, 2049 does not protect the rights of sexual and gender minorities like other communities or groups. Advocates Dahal, Aryal and Anurag Devkota heard the writ petition.
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