Kathmandu: Subash Ale, a third gender, has been denied citizenship by Nepal’s local authorities despite a court order.

The District Administration Office, Rupandehi refused to grant citizenship to Ale despite recommendation from respective Tilottama Municipality in Rupandehi district and the order of the Supreme Court allowing citizenship to the sexual and gender minorities under the ‘other’ category.

On March 5, the municipality recommended to the Administration Office to indicate ‘other’ in the gender section of the citizenship card and provide its copy as per the rules.

The municipality had responded to an application by Ale seeking mention of ‘other’ in the gender section of the citizenship certificate.

However, instead of giving citizenship under the ‘other’ identity to Ale, who reached the Administration Office with the recommendation by the ward office, the Office denied him citizenship requesting verification papers from the District Police Office for the card.

The District Police Office, Rupandehi on April 10 sent verification papers to the administration office. On April 12, he went to the administration office with all the documents required to get a citizenship certificate. However, the administration denied him the card in violation of the Citizenship Act that allows a citizenship certificate under the ‘other’ category.

So far, more than 1,500 people from all over the country have got citizenship certificates under the ‘other’ category. According to the recommendation by the ward office, it has been more than a decade since the sexual and gender minorities have been granted citizenship under the ‘other’ category.

In 2073, Anik Rana, a third gender, and Sunil Babu Pant, Asia’s first openly former gay parliamentarian of Nepal, together filed a petition in the Supreme Court the district administration office demanding a doctor’s certificate to get a citizenship card.

She moved the apex court after the administration office sought a doctor’s certificate to acquire a citizenship certificate against the guidelines issued by the Ministry of Home Affairs on December 31, 2012 that allows citizenship grant under the ‘other’ category.

On the case, the court in 2073 ordered the authority not to request a doctor’s certificate to grant citizenship, and grant the sexual and gender minorities citizenship cards under the ‘other’ category.

In compliance with the order, Rana became the first person to get citizenship under the ‘other’ category from Rupandehi district.

However, in case of Ale, Rana said, “Chief District Officer didn’t want to listen to the matter. It requires only local level’s recommendation to get citizenship under the ‘other’ category. But, CDO returned him empty handed requesting verification papers.”

Because Ale appeared masculine when he was a child, he acquired a citizenship card as male when he reached the legal age. However, his physical appearances changed when he grew older, and underwent surgery in India on June 4, 2023, according to verification papers.

Since Ale is a third gender, it is noted that his current and previous appearances do not match. Rana, also a third gender rights activist, said when all documents and the recommend that there is no difference in giving a copy of citizenship under the ‘other’ category, CDO Ganesh Aryal denied him the card citing lack of legal provision.

When contacted for comment, CDO Aryal declined to answer calls on Friday.

Meanwhile, it has been reported that many people from the sexual and gender minorities have opted for gender affirmation surgery under the influence of office bearers of Blue Diamond Society (BDS), including its president and executive director. BDS is a non-governmental organisation working HIV/AIDS prevention, care and treatment, and the promotion of human rights for sexual and gender minorities.

They are found operating hormone clinics from where gender affirmation surgery is conducted, claimed Surendra Pandey, Secretary of Mayako Pahichan Nepal, a non-profit organisation advocating for the rights of sexual and gender minorities.

He also accused Blue Diamond Society and Mitini Nepal, a NGO working for the rights of LGBTI of misleading people from the communities for their vested interest.

It has been found that they have also issued threats to individuals against participating in the First International Rainbow Tourism Conference slated for April 20-21 in Kathmandu, Nepal, he said. The conference is a collaborative effort between Mayako Pahichan Nepal and the Nepal Tourism Board.

Notably, under their influence, Parakram Rana, who has been appointed the Ambassador of the Rainbow Tourism International, has started defaming the organisers of the conference itself, he said.

The members of these communities have expressed their intension to file a case against Parakram accusing him of trying to disrupt the conference through character assassination tactics.