The campaign for the rights of sexual and gender minorities has become necessary to discuss and study political debates, social debates, cultural participation, issues of national interest, and economic policy of the country.

The Constitution of Nepal has recognized the existence, identity, rights, and inclusion of sexual and gender minority communities. These communities generally include homosexuals (gay men and lesbians), third nature individuals (those born male with feminine characteristics or born female with masculine characteristics), and intersex people (those with ambiguous or mixed sex characteristics). Article 12 of the Constitution states that every citizen can obtain citizenship according to their gender identity. The current Citizenship Act also allows people who do not identify as male or female to be granted citizenship by mentioning ‘other’ in the gender field.

Historically, such individuals have been recognized as third nature or third gender. However, today, some people of the third nature identify themselves as transgender and assert, “We are not the third gender. Even though we were born male, our souls belong to women. We are women and should be recognized as such; we were born in the wrong body.” Likewise, individuals assigned female at birth also hold similar arguments.

Transgender individuals who believe they are of a different gender are increasingly undergoing hormone therapy and sexual reassignment surgery. Currently, there is an ideological conflict within the sexual and gender minority community regarding these identities. One group is content with taking citizenship as ‘other,’ saying, “We are different from men and women, our body growth is all natural, we are people of third nature.” Another group argues, “We are transgender. Even if we were born male, we should get women’s citizenship because our soul is female.” Similarly, male-born transgender argue that they should be recognized as men.

The problem arises when one group, despite having the same biology and physical structure, identifies as third nature while the other identifies as transgender, leading to different demands for citizenship as ‘other,’ on one hand and ‘woman,’ or ‘man on the other hand.’ This has created confusion and conflict due to differing philosophical beliefs about identity. This conflict extends within the community and to the Ministry of Home Affairs, district administration, and local governments, posing the challenge of how to manage citizenship for individuals with different identities.

The practical challenges faced by transgender individuals in becoming either a man or a woman and obtaining citizenship are as follows: First, the process of hormone therapy and sexual reassignment surgery is complicated, expensive, and has long-term side effects. Secondly, there are no facilities in Nepal for these procedures, requiring individuals to go abroad. Those who can afford it do so, while others are deprived of the opportunity to transition to become a man or a woman.

The law does not address the issue of hormone therapy and sexual reassignment surgery for gender transition. In the absence of policies, regulations, and monitoring from relevant government agencies, these procedures are being carried out in hidden and risky manners. When state agencies request a certificate of sexual reassignment for citizenship applications, it seems illegal as there is no legal basis for such a requirement. Such way, It appears as if sexual reassignment surgery has become compulsory just to obtain citizenship.

There is no discussion about the potential positive or negative impacts on women’s rights, social participation, and lifestyle after growing numbers of transgender individuals are recognized as women. Similarly, there is a need to discuss the impact on men’s rights, inclusion, and social participation when female-born transgender individuals take on male citizenship.

Third nature and self-identifying transgender individuals are biologically, physiologically, and psychologically similar. Third nature individuals take citizenship as ‘other,’ while transgender individuals demand recognition as either woman or man, regardless of whether they have undergone sexual reassignment surgery. Although the law does not provide for transgender individuals to become ‘women or men’ and take citizenship as such, about 17-18 people (those assigned male at birth) have obtained women’s citizenship through ministerial decisions.

In my understanding, taking citizenship as ‘other’ with the recognition of third nature individuals is practically easier, requires no hormone therapy or sexual reassignment surgery, and is relatively easy to establish in society, as it has been accepted since time immemorial according to our Eastern philosophy. However, if someone takes the citizenship of a woman through a ministerial decision, I have no objection to it. I have nothing (against) to say even if the sovereign parliament of Nepal grants transgender individuals the right to become women or men and obtain citizenship as such.

However, holding this opinion does not justify resorting to extreme and harsh methods of insults and creating disturbances at events where I am present. There have been attempts to brand me as a ‘transphobic’ person and to urge organizations not to work with me. They have even received threats of opposition if any organization gets involved with me. This kind of attitude, where differing opinions are not allowed, where only the ‘terminology’ that of certain individual prefer are permitted, and where even attending discussions is discouraged while those with differing views are criticized on social media, stifles healthy debate and the exchange of ideas. Such tendencies harm the overall campaign.

Some Western countries have arrangements for transgender individuals to become men or women and receive citizenship accordingly. However, in those countries, there is no system to identify people of third nature as ‘other’ besides men or women. The state cannot continue to ignore the gender identity and citizenship demands of transgender people. It is necessary to call all stakeholders, form a common opinion, and provide a proper solution.

The state has recognized a level of marginalized and minority communities. Now it is necessary for this community to move beyond the ‘victimhood’ narrative and come forward, asserting, “We are strong and can contribute to the state.” This community must participate in various fields besides glamour and fashion, engage in discussions, and take leadership roles.

The campaign for the rights of sexual and gender minorities must now address political debates, social debates, cultural participation, issues of national interest, and economic policy of the country. It is important for this community to understand that, to join the mainstream, deep thinking, contemplation, study, and participation in national mainstream issues are required. On the other hand, the state should remove discriminatory laws and create an environment that allows for equal opportunities, participation, and inclusion.

– Pant is Asia’s first openly gay member of parliament.