Miles to go to secure our rights
Kathmandu (Pahichan) October 1 – From the perspective of the achievement that we made after 2001, we feel proud and there is certain progress indeed.
Our agenda has moved from street to parliament and finally in the constitution. Nepal is obviously one of the pioneer countries to cement the rights of sexual and gender minority.
The Supreme Court on 2007 December 20 delivered a historic verdict which is hailed by international community. It was a source of inspiration for global LGBTI community.
It ensured the citizenship on the basis of gender identity, court instructed government to formulate a committee to suggest ways on how to legalize same-se marriage. The community has already submitted report and we are awaiting government’s response to it i.e formulation of laws to legalize same-sex marriage.
In the context of the rights of identity, the government started issuing directive orders to the concerned government began to provide citizenship and passport as in the form of others in sex. The concered officials and other employees are not connected to the sexual and gender minority communities regarding the order made by government.
Activities that are unique and amazing expressions, unnecessary curiosity, physical examination and doctor’s certification activity automatically have also been discouraged by friends who have gone to get their right to identity.
Recently in parliament, the registered citizenship bill has kept the provision of other to change gender as giving necessary information for taking citizenship. As per the laws of Nepal, there is no legal provision for gender change.
If utilized, can all the transgender people in the country able to change the gender? Will the government make able to changes with in free? And would there like non-transgender who would not want to change gender? Every individual had identity according to nature and according to the nature of each individual should not be made by law.
Among the second order of 2007 mentioned that discrimination laws were dismissed and no longer had to make any discrimination laws. In Section 12 of the Constitution has gender identity, section 18 rights of equality and section 42 of social justice have been guaranteed. In the constitution section of equal rights, the golden letters have been scratch on the sheets of the constitution that there is no difference between genders.
In 2007, according to the Supreme Court order a 7- member committee formed for transgender marriage report were finished, then in 2015 submitted the report to the Prime Minister’s Office. So to bring the report in utilization, the report has been given in the Ministry of Women from the Prime Minister’s office.
Since 2015 to 2018, the report did not even have little implementation. No suggestion was given proposal was given by the Ministry in the new Civil Code act. Due to the responsibility of the Ministry of Law and the Ministry of Women’s cannot clarify ours rights and targeted was overwhelming.
As a result, the reports kept in the Ministry have no meaning for three years. This report could not be used in the construction process of Civil Code Act. That’s why not only the right to marriage but also to be accepted the adopted children and the rights of property.
We are mute, very sad and are also upset. The social, family, and mental condition of the community that was invaluable to the law became worse. Due to the pressure of the family and lacks of the laws there were forced to marriage with opposite sex, lifelong raped or divorced then isolated.
With the lives of our joy and enjoy as well as the lives of innocents of opposite sex people are also wasted. Why is the state asking for a sacrifice of our love and life? Does the state still need a martyr? If yes, we are ready to intake shoot the gun in chest. But the blood of the heart which was come out of the chest should write the right. Otherwise, why not we have the right to live? Should we always die/fights for rights?
Otherwise, why the constitution provided rights related to the other rights of the identity was not found? Why not our rights had been addressed in every bill made by the State? Why is the state follow on our educational rights, right over healthcare and employment opportunities?
According to Worldwide recognition in which 10 percent of the total population we sexual and gender minorities laws rights were reprehend of communal sin of big mistake of national injustice of loss should be suffer by the state.
Our rights are not only ours. This is your right too. This is your children rights. This is your neighbor and the all Nepali rights. Therefore, all the rights mentioned in the Constitution reflect on the law by self-determining the false belief that transgender, gay, lesbian, intersexual and bisexual personal thinking-recognition and attitude-based nature of natural belief.
Every sexual and gender minority citizen should not be live as confused and without rights. Even if all of us are different but we all are equal and also want to live together with respect.