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lgbt rights in nepal

This report reviews the legal and social environment for LGBT1 people and anizatns Nepal alongsi the discsns and fdgs om the Nepal Natnal LGBTI2 Communy Dialogue held Kathmandu April 2014. It provis an overview of LGBT rights as related broadly to human rights nventns and laws, the legal environment and soc cultural environment, and relign; and more specifilly to tn, employment, fay affairs, health, media, polil affairs and the pacy of LGBT anizatns. The Dialogue brought together 57 activists om LGBT anizatns om diverse backgrounds and subgroups along wh reprentativ om the ernment, the Natnal Human Rights Commissn, UN agenci, the US ernment, and other velopment partners. The Dialogue was anized by the Uned Natns Development Programme (UNDP) partnership wh the Uned Stat Agency for Internatnal Development (USAID) wh support om the Uned Natns Children’s Fund (UNICEF) Adolcent Development and Participatn Sectn (ADAP). The report is part of a broar iative entled ‘Beg LGBT Asia: A Participatory Review and Analysis of the Legal and Social Environment for Lbian, Gay, Bisexual and Transgenr (LGBT) Persons and Civil Society.’ Lnched on Human Rights Day, 10 December 2012, ‘Beg LGBT Asia’ is a first of s-kd Asia-wi learng effort unrtaken wh Asian grassroots LGBT anizatns and muny lears alongsi UNDP and USAID. Wh a foc on eight prry untri Cambodia, Cha, Indonia, Mongolia, Nepal, the Philipp, Thailand and Viet Nam the effort exam LGBT lived experienc om a velopment and rights perspective. Beg LGBT Asia’ has a number of objectiv. It enurag workg between LGBT people across the regn, buildg a knowledge basele and velopg an unrstandg of the pacy of LGBT anizatns to engage policy dialogue and muny mobilizatn. Through this work, ‘Beg LGBT Asia’ promot unrstandg of the herent human rights of LGBT people and the stigma and discrimatn they face throughout the regn. It also outl steps toward LGBT-clive velopment work for UNDP and the UN system, USAID and the US Government, and other velopment partners, through rearch like this report and other social and multimedia products. Fally, this iative highlights the views exprsed by LGBT participants at natnal muny dialogu and lks stakeholrs who work to enhance LGBT human rights across Asia.

Contents:

'PROGRSIVE LAWS, BUT...': IS NEPAL REALLY THE BEAN OF LGBTQ RIGHTS ASIA?WHILE THE LAWS ARE PROGRSIVE, THEY HAVE NOT REALLY TRANSLATED TO MEANGFUL CHANGE FOR THE MUNY.MADHREE GOSWAMIPUBLISHED: 19 JUL 2023, 8:32 AM ISTEXPLAERS5 M READISHARE ON "NEPAL WAS NEVER LONISED, AND HENCE, UNLIKE FORMER BRISH LONI SUCH AS INDIA AND PAKISTAN, WHICH HERED LONIAL LAWS BANNG 'UNNATURAL' SEX, NEPAL DID NOT HAVE ANY ANTI-GAY LEGISLATN ON S BOOKS," NIRANJAN KUNWAR, THE THOR OF BETWEEN QUEENS AND THE CI, WHICH IS THE FIRST QUEER MEMOIR ENGLISH TO BE PUBLISHED THE UNTRY, EXPLAED TO THE QUT.ON 28 JUNE, NEPAL BEME THE FIRST SOUTH ASIAN UNTRY TO REGNISE SAME-SEX MARRIAG AFTER THE UNTRY'S SUPREME COURT PASSED AN TERIM ORR ASKG THORI TO MAKE TEMPORARY ARRANGEMENTS TO REGISTER SUCH MARRIAG BEFORE SPECIFIC LAWS ARE FORMULATED.THIS HISTORIC CISN ADD YET ANOTHER FEATHER TO NEPAL'S P WHEN ME TO PROTECTG THE RIGHTS OF GENR AND SEXUAL MORI. 2007: NEPAL'S SUPREME COURT EXPLICLY PROTECTS SEXUAL ORIENTATN2010: THE ELECTN COMMISSN ADDS THE THIRD GENR OPTN TO VOTER ROLLS2011: NEPAL CLUS A THIRD GENR ON S NATNAL CENS, A FIRST THE WORLD 2015: PASSPORTS START REGNISG THREE GENRSYET, MANY OM THE LGBTQIA+ MUNY NEPAL ALLEGE THAT "THE ATTU OF THE SOCIETY TOWARDS THEM IS THE SAME AS WAS 15 YEARS BACK," WHEN THE SUPREME COURT FIRST REGNISED GENR AND SEXUAL INTI.THE QUT LOOKS AT HOW THE GROUND REALY FOR LGBTQIA+ PERSONS NEPAL, WHICH HAS A LONG HISTORY OF QUEER STGGLE, IS STILL FAR OM NDUCIVE SPE S PROGRSIVE LAWS. ALSO READNEPAL'S SUPREME COURT ORRS GOVT TO TEMPORARILY REGISTER SAME-SEX MARRIAGADVERTISEMENTHOW NEPAL'S LGBTQ MOVEMENT CAME OF AGE DURG CIVIL WARWHEN NEPAL TRANSNED OM AN TOCRACY TO A MOCRACY 2008, NEPAL'S GAY MUNY WAS AMONG THE FIRST GROUPS TO MAND REGNN, ALONG WH THE UNTRY'S ETHNIC MORI. AS KYLE KNIGHT, A REARCHER ON THE LGBTQIA+ RIGHTS PROGRAMME AT HUMAN RIGHTS WATCH, SAID: "THE MOVEMENT ME OF AGE DURG THE 1996-2006 CIVIL WAR AND FOUND S FOOTG THE AFTERMATH.""ACTIVISTS JOED THE PROTTS AGAST THE MONARCHY AND NTRIBUTED TO THE NVERSATNS ABOUT WHAT A 'NEW NEPAL' SHOULD LOOK LIKE – THIS GAVE THEM A HUGE AMOUNT OF SOCIAL LEGIMACY," HE TOLD THE GUARDIAN 2016.BUT AS KUNWAR EXPLAED, WH NO ANTI-GAY LEGISLATN, NEPAL SAW LAWS BEG TWISTED TO TARGET THE MUNY. FOR STANCE, A REVISN THE 1960S TRODUCED A CLSE FORBIDDG "UNNATURAL SEX."IN 2004, WAS PROBABLY ED FOR THE VERY FIRST TIME TO ARGUE THE SHUTTG DOWN OF BLUE DIAMOND SOCIETY (BDS), NEPAL'S FIRST QUEER NGO, FOUND BY FORMER PARLIAMENTARIAN AND GENR RIGHTS ACTIVIST SUNIL BABU PANT 2001."A LAWYER NAMED ACHYUT PRASAD KHAREL HAD PETNED TO THE NEPALE ERNMENT TO SHUT BDS DOWN FOR ENURAGG HOMOSEXUALY THE NAME OF HUMAN RIGHTS. HIS SE LED TO AN CREASE VLENCE AGAST LGBTQIA+ PEOPLE," RELLED PANT.BETWEEN 2003 AND 2006 (WHEN THE UNTRY WAS STILL NOT A MOCRACY), AT LEAST 90 PEOPLE OM THE QUEER MUNY HAD BEEN ATTACKED, AS RERD BY THE BDS.THE SE WAS DISMISSED BY THE NEPALE ERNMENT ON GROUNDS OF "HOMOSEXUALY NOT BEG A CRIMAL ISSUE."ALSO READPRI IS POLIL: LGBTQ+ INDIANS REFLECT ON THE POLICS OF QUEERNSADVERTISEMENTTHE 2007 JUDGMENT THAT CHANGED IT ALLSPEAKG ABOUT HOW THE MUNY WAS SUBJECTED TO DISCRIMATN AND VLENCE, PANT TOLD THE QUT THAT WAS THIS VERY DISCRIMATN THAT PELLED HIM AND OTHERS TO FILE A PETN 2007 – THE VERDICT OF WHICH WENT ON TO BEE A LANDMARK ONE."IN 2003, WHEN THE EMERGENCY WAS IMPOSED NEPAL AFTER THE TRANSN OM MONARCHY TO TOCRACY, SECURY FORC SCEND ON THE STREETS. THE THIRD-GENR POPULATN WAS SUBJECTED TO A LOT OF VLENCE, BOTH OM THE FORC AS WELL AS THE MAOISTS. THE FORC ED TO TA TRANS PERSONS UNR SOME PRETEXT OR THE OTHER," HE TOLD THE QUT.ON 26 AUGT 2004, A POLICE OFFICER SL A TRANSGENR WOMAN'S THROAT AFTER FORCG HER TO PERFORM ORAL SEX. "AFTER THE KHAREL SE, POLICE ME AFTER MORE AGGRSIVELY," PANT ADD.TWO YEARS LATER, A PRO-MOCRACY MOVEMENT BEGAN. "THIS HELPED MAKE NNECTNS WH A FEW POLIL PARTI WHO WERE QUE WELG OF . AFTER THE PEACE ACRD WAS SIGNED NEW DELHI, AN TERIM PARLIAMENT WAS MA AND THEY SOUGHT SUGGTNS ON WHAT TO CLU THE CONSTUTN. WE ASKED THAT LGBTQIA+ RIGHTS BE CLUD THE CONSTUTN, BUT OUR SUGGTNS WERE NOT TABLED. THAT IS WHEN WE CID TO MOVE THE URT," HE SAID.WH EIGHT MONTHS OF THEIR PETN, THE TOP URT PASSED A FAVOURABLE CISN, WHICH CLEARLY STATED THAT LGBTQIA+ PEOPLE ARE 'NATURAL'. IT REGNISED THE MUNY'S RIGHTS AS 'FUNDAMENTAL HUMAN RIGHTS', AND LEGALISED HOMOSEXUALY – A FIRST FOR A SOUTH ASIAN NATN.IN S ORR, THE URT ALSO ASKED THE ERNMENT TO FORM A PANEL TO STUDY SAME-SEX MARRIAG AND E UP WH LEGAL PROVISNS BASED ON S SUGGTNS AND REMENDATNS. THE MTEE SUBMTED S REPORT 2015, REMENDG SAME-SEX MARRIAGE. HOWEVER, NEVER GAED STEAM.ALSO READFIVE MEXINS, ONE LOL KILLED HELIPTER CRASH NEAR MOUNT EVERT NEPALADVERTISEMENTTHE REALY ON THE GROUNDAFTER THE 2007 JUDGMENT – AND WHAT FOLLOWED AFTERWARDS – NEPAL EARNED A GLOBAL IMAGE OF BEG A BEAN OF LGBTQIA+ RIGHTS. BUT WHILE THE LAWS HAVE BEEN NSIRED PROGRSIVE, THEY HAVE NOT TRANSLATED TO CHANG THE LARGER SOCIETY, AND MEMBERS OF THE MUNY ARE STILL DISCRIMATED AGAST, ACTIVISTS ALLEGED TO THE QUT.FOR STANCE, DAYS AFTER THE TOP URT'S HISTORIC CISN TO REGNISE SAME-SEX MARRIAGE, THE KATHMANDU DISTRICT COURT REJECTED A MARRIAGE REGISTRATN APPLITN FILED BY A GAY UPLE ON THE GROUNDS THAT BOTH APPLINTS BELONG TO THE SAME SEX. "THIS IS NOT ONLY A BLOW TO THE RIGHTS OF SEXUAL MORI, BUT ALSO A DISHONOUR TO THE SUPREME COURT'S ORR," SAID PANT.IN HIS PAPER 'EVERYDAY LIV OF LGBTI KATHMANDU VALLEY: A NARRATIVE INQUIRY', MEGH VILAS BHATTA, FACULTY, DEPARTMENT OF HUMANI AND SOCIAL SCIENC AT BUDHANILKANTHA SCHOOL KATHMANDU, HAS NOTED HOW "THERE IS WISPREAD TOLERANCE FOR LGBTI MUNY THE NEPALE SOCIETY ON THE BASIS THAT THEY DO NOT NFORM TO SET NOTNS FOR MALE OR FEMALE GENR INTY."HE TOLD THE QUT THAT THE MUNY SUFFERS OM EXTENSIVE PREJUDICE, DISCRIMATN, AND VLENCE."ONE OF THE PARTICIPANTS MY PAPER TOLD ME THAT SHE WAS NIED A HOE FOR RENT BY THE LANDLORD KATHMANDU BEE OF HER GENR. THE LANDLORD LLED HER A HIJRA AND SAID THAT A MISFORTUNE WOULD OCCUR IF HE RENTED OUT TO HER."BHAKTI SHAH, A TRANSGENR MAN, TOLD THE QUT THAT PEOPLE'S PERCEPTN TOWARD "SEXUAL MORI IS THE SAME AS WAS 15 YEARS AGO BEFORE THE SUPREME COURT LG ON GENR INTY." SHAH WORKED THE NEPAL ARMY, WHERE HE WAS ACCED OF HAVG SEX WH A WOMAN THE BARRACKS, AND SUBSEQUENTLY REMOVED OM HIS POSN 2009."I WAS IMPRISONED FOR 60 DAYS A BIG HALL WH VLTED CEILGS. THEY KEPT TELLG ME THAT I WAS A CRIMAL ... THEY TOLD ME THAT I EXHIBED HOMOSEXUAL BEHAVUR AND THAT I WAS A BLACK MARK ON THE WHOLE ARMY BEE OF MY SEXUALY. THEY LATER LLED ME AND SAID THAT I WAS NOW EXPELLED OM THE ROYAL NEPAL ARMY AND THAT I SHOULD GO HOME," RELLED SHAH."THE NVERSATN REGARDG QUEER RIGHTS HAS NOT PROGRSED BEYOND THE 2007 VERDICT. WE ARE STILL TREATED LIKE THIRD-CLASS CIZENS," SAID RSHANA KAPALI, A QUEER RIGHTS ACTIVIST. A TRANSGENR WOMAN WHO WAS BULLIED AND ABED BY HER SCHOOL PRCIPAL DURG HER SCHOOL YEARS, KAPALI WAS LATER FORMALLY ALLOWED TO STUDY AT TRIBHUWAN UNIVERSY.THOUGH SHE ULD STUDY AGA, SHE WAS NOT FORMALLY REGISTERED AS A STUNT, AS HER HIGH SCHOOL TRANSCRIPT INTIFI HER AS A "MALE" UNR HER ADNAME.(AT THE QUT, WE ARE ANSWERABLE ONLY TO OUR DIENCE. PLAY AN ACTIVE ROLE SHAPG OUR JOURNALISM BY BEG A MEMBER. BEE THE TTH IS WORTH .)READ LATT NEWS AND BREAKG NEWS AT THE QUT, BROWSE FOR MORE OM EXPLAERS TOPICS:  NEPAL   EXPLAER   LGBT COMMUNY BEE A MEMBER TO UNLOCKACCS TO ALL PAYWALLED NTENT ON SEAD-EE EXPERIENCE ACROSS THE QUTLISTEN TO PAYWALLED NTENTEARLY PREVIEWS OF OUR SPECIAL PROJECTSAND MORE MEMBERSHIP BENEFS!THE QUT DAILY

LGBT Rights Nepal: homosexualy, gay marriage, gay adoptn, servg the ary, sexual orientatn discrimatn protectn, changg legal genr, donatg blood, age of nsent, and more. * lgbt rights in nepal *

Suggt Public Opn DataPublic OpnPerceived Acceptance of Gay People? HistoryHomosexual activy Nepal?

Homosexual activy Nepal is legal. This law is applible to both heterosexual upl, and homosexual men.

There is no age of nsent for homosexual women. (LGBTIQ stands for lbian, gay, bisexual, transgenr, tersex and qutng/queer. The ernment’s burecracy remas sclerotic, and ernment officials have ntued recent years to harass LGBT groups, cludg by allegg that anizg around homosexualy is illegal the untry.

HOW A GAY NEPALI ACTIVIST IS LEADG THE FIGHT FOR LGBTQ+ RIGHTS

Last week, the Kathmandu District Court rejected a marriage registratn applitn filed by a gay uple spe the Supreme Court of the untry legalisg same-sex marriag Nepal. * lgbt rights in nepal *

The ernment replied that homosexualy was not a crimal issue, and the se was dismissed.

This is perhaps most promently reflected the rise of Sunil Babu Pant, who 2008 beme Asia’s first openly gay feral-level elected official. Utilizg the lol vernacular—for example, by -optg a tradnal Nepali ftival as their “pri” celebratn whout renamg as “gay”—they ftly negotiated legal regnn of a third genr durg a perd when discsns of mory inty tegori—mostly ste and ethnic—lored mastream polil disurse.

NEPAL GAY PARA TO ENSHRE LGBT RIGHTS NSTUTN

After beg banned om school, and nearly forced to marriage, see how a young gay activist is workg to promote genr equaly and LGBT rights Nepal. * lgbt rights in nepal *

"Nepal was never lonised, and hence, unlike former Brish loni such as India and Pakistan, which hered lonial laws banng 'unnatural' sex, Nepal did not have any anti-gay legislatn on s books, " Niranjan Kunwar, the thor of Between Queens and the Ci, which is the first queer memoir English to be published the untry, explaed to The 28 June, Nepal beme the first South Asian untry to regnise same-sex marriag after the untry's Supreme Court passed an terim orr askg thori to make temporary arrangements to register such marriag before specific laws are historic cisn add yet another feather to Nepal's p when me to protectg the rights of genr and sexual mori. How Nepal's LGBTQ Movement Came of Age Durg Civil WarWhen Nepal transned om an tocracy to a mocracy 2008, Nepal's gay muny was among the first groups to mand regnn, along wh the untry's ethnic mori.

""Activists joed the protts agast the monarchy and ntributed to the nversatns about what a 'new Nepal' should look like – this gave them a huge amount of social legimacy, " he told The Guardian as Kunwar explaed, wh no anti-gay legislatn, Nepal saw laws beg twisted to target the muny. "A lawyer named Achyut Prasad Kharel had petned to the Nepale ernment to shut BDS down for enuragg homosexualy the name of human rights.

Between 2003 and 2006 (when the untry was still not a mocracy), at least 90 people om the queer muny had been attacked, as rerd by the se was dismissed by the Nepale ernment on grounds of "homosexualy not beg a crimal issue. It regnised the muny's rights as 'fundamental human rights', and legalised homosexualy – a first for a South Asian s orr, the urt also asked the ernment to form a panel to study same-sex marriag and e up wh legal provisns based on s suggtns and remendatns. But while the laws have been nsired progrsive, they have not translated to chang the larger society, and members of the muny are still discrimated agast, activists alleged to The stance, days after the top urt's historic cisn to regnise same-sex marriage, the Kathmandu District Court rejected a marriage registratn applitn filed by a gay uple on the grounds that both applints belong to the same sex.

Gay right activists dance the streets of Nepal's pal to prs their mands for LGBT rights to be enshred the new nstutn. * lgbt rights in nepal *

They told me that I exhibed homosexual behavur and that I was a black mark on the whole army bee of my sexualy. ” Born a remote Nepali village, she first realized she was gay when she was 13 but did not know what her feelgs meant. Livg a poor, culturally nservative muny, where gay, lbian, and transgenr people were entirely visible, they felt pelled to keep their relatnship hidn om their fai.

The anizatn provid Apeksha and her partner wh sheltered acmodatn Kathmandu and an tert-ee loan to help them lay the foundatns for an pennt s foundatn 2001, the Blue Diamond Society has led the fight for gay rights Nepal, mpaigng for nstutnal change. Believed to be one of the most progrsive untri Asia when to gay rights, Apeksha’s story reveals that the polil advanc to do not always filter down to lived be first Asian untry to clu non-discrimatory laws for LGBT muny — Aftab Borka (@aftabborka) September 23, 2015Beg LGBT Asia, a jot report missned by US Aid, UNDP and UNICEF, explas the plex history of LGBT rights Nepal. Recent polil advanc have helped enshre the rights of gay, lbian and third genr dividuals law — om nstutnal regnn to the creatn of a ‘third genr’ passport.

Lbian, gay, bisexual, and transgenr rights Nepal have evolved signifintly durg the 21st century. In 2007 Nepal repealed the laws agast gay sex and troduced several laws which explicly protected sexual orientatn. The Nepale Constutn now regniz LGBT rights as fundamental rights. Prr to March 2023, and based on a lg of the Supreme Court of Nepal late 2007, the ernment was nsirg the legalizatn of same-sex marriage. Acrdg to several sourc, the Constutn of 2015 was expected to clu . * lgbt rights in nepal *

” An example of this discrepancy between polil progrs and the daily realy for LGBT people around the world, Apeksha now works full-time for the Blue Diamond Society to help break the barriers she faced growg up gay Nepal. Image source, AFPImage ptn, The lourful rally drew about 500 peopleGay right activists have taken part a para Nepal's pal Kathmandu to prs their mands for gay rights to be enshred the nstutn. Hundreds turned up for the lourful rally - dancg the are mandg same-sex marriage be guaranteed the new nstutn, gay upl' rights to adopt, buy jot property or her om one crimalised homosexualy 2007.

It remas illegal many South Asian source, EPAImage ptn, LGBT rights activists pla of obstacl by lol officialsImage source, RtersImage ptn, Nepal crimalised homosexualy 2007"Our ma mand is that the rights of the sexual mori should be guaranteed the new nstutn, " said Pky Gung of the Blue Diamond Society, a gay rights group regnised a third genr as early as 2007 when the Supreme Court orred the ernment to scrap all laws that discrimated on the basis of sexual orientatn or genr year, issued passports wh "other" as the choice for those who do not wish to be intified as male or reprentativ of the LGBT [lbians, gays, bisexuals and transgenr] muny say they have difficulty obtag the has seen several protts recent weeks agast the new draft nstutn beg discsed by parliament. Lbian, gay, bisexual, and transgenr (LGBT) rights Nepal have evolved signifintly durg the 21st century.

Explore our gay travel gui to Nepal featurg LGBTQ+ safety tips, gay rights , top ci & attractns, where to stay and more! * lgbt rights in nepal *

In 2007 Nepal repealed the laws agast gay sex and troduced several laws which explicly protected sexual orientatn.

The report is part of a broar iative entled ‘Beg LGBT Asia: A Participatory Review and Analysis of the Legal and Social Environment for Lbian, Gay, Bisexual and Transgenr (LGBT) Persons and Civil Society. Kerry Brodie | | (202) 423-2858In A Historic Step, Nepal Ratifi New Constutn That Inclus LGBT ProtectnsHRC hails victory for Nepali LGBT activists, wel new era of greater equaly Nepal WASHINGTON – Today, the Human Rights Campaign (HRC), Ameri’s largt lbian, gay, bisexual and transgenr (LGBT) civil rights anizatn, hailed the passage of a new nstutn Nepal that provis explic protectns for LGBT people om discrimatn, vlence, and abe--a historic first for a natn Asia.

* lgbt rights in nepal *

"This new Constutn mak clear that we n be proud of our LGBT inti, and that we n be proud cizens of Nepal, " said Sunil Babu Pant, founr of Blue Diamond Society and Asia's first openly gay feral member of parliament. · In a growg number of untri, ernments have sought to silence equaly advot and anizatns wh so-lled “anti-propaganda” laws and more about how the Human Rights Campaign is takg actn and workg wh alli around the world to make a difference at: Human Rights Campaign is Ameri’s largt civil rights anizatn workg to achieve lbian, gay, bisexual and transgenr equaly.

Jsi Stern, the Uned Stat special envoy to advance the human rights of Lbian, Gay, Bisexual, Transgenr, Queer and Intersex (LGBTQI+) persons, is Nepal to take stock of the suatn of the sexual and genr mori the untry.

I heard the lbian and bisexual women are so visible that they al wh very severe discrimatn and vlence and I heard about victims of homophobia and sexism. In 2007, followg a Supreme Court lg, the nstutn regnised LGBT rights as fundamental human rights, ensured protectn for genr and sexual mori, and legalised homosexualy.

*BEAR-MAGAZINE.COM* LGBT RIGHTS IN NEPAL

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