When protectors deviated from their genuine responsibility  

Kathmandu (Pahichan) August 5 – The constitution of Nepal has ensured the right to equality to all citizens. However, the laws being formulated by Parliament contradicts the constitutional provisions. The right to equality means all citizens would be treated with equal footing and there would be equal behavior with in all process. However, when it comes to rights related to equality, there is not such situation. There is no guarantee of marriage equality in Nepal.

In the absence of law, members of sexual and gender minority are denied to exercise their marriage rights. Ministry of Women, Children and Senior Citizen is dilly-dallying to bring this law.  In 2071, Nepal government receives same-sex marriage report which has clearly suggested government to take initiatives to formulate laws on same-sex marriage.

It has been more than a decade since Supreme Court ordered Nepal government to legalize same-sex marriage. The Indian court has already issued the verdict about the decriminalizing same-sex relation and Indian court had taken the reference of Nepal court. After the five years, Ministry has said that concept of same-sex marriage has been prepared.

However, Minister Tham Maya Thapa has not shown any interest in this issue. The concept paper was prepared on the basis of report, international practice, and economic burden among others. Minister should forward the proposal to cabinet. This has been a tool for many non-governmental organizations to get money. It has provided profit only for some people but it has not yet reached to the targeted community.

People and organizations who do not know about this community are working in this field and donor agencies are providing money to them. Equality means members of this community should get the rights of marriage. The Ministry has formulated a committee two years ago. Stakeholders sought their presence in the committee. It was natural on the part of stakeholders to seek their presence in the committee.

However, they failed to present concrete plan in the committee. According to sources, Ministry prepared concept note on the basis of same-sex marriage. Stakeholders, however, are objecting stating that it is going to address only about same-sex marriage which has provided benefit to government. “The report has clearly mentioned about gay, third gender, inter-sex and other minority groups but third gender are creating problems stating that it would not address them,” the committee member said.

According to member, state is more concerned about the economic burden to the country after same-sex marriage is legalized. This logic is not workable because there would be questions about the economic burdens of other marriages as well. State should be ready to provide the constitutional rights which are not happening. Though international organizations are spending money in the name of this community, it has not been utilized. There has not been any progress when it comes to addressing the concerns of this community. The people and organizations who are using this issue as a tool to make money and this community is affected by such organizations and people.

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