How a Gay Nepali Activist Is Leadg the Fight for LGBTQ+ Rights

gay rights in nepal

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

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

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. * gay 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.

LGBT RIGHTS AI: WILL KENYA BE THE LATT TO PASS ANTI-GAY LAW?

In another blow to lbian, gay, bisexual, and transgenr (LGBT) rights Hungary, on July 13, the Hungarian ernment proposed a bill that exclus transgenr women om a women-only pensn scheme. The bill is expected to go to parliament September. * gay rights in nepal *

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.

UGANDA'S LGBTQ MUNY IS ' SHOCK' OVER NEW MEASURE, GAY ACTIVIST SAYS

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

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. They told me that I exhibed homosexual behavur and that I was a black mark on the whole army bee of my sexualy.

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. * gay rights in nepal *

The lg is fal and nnot be has fallen behd s global peers regnizg gay and transgenr rights. It is the only member of the Group of 7 natns that has not legalized same-sex month, the Japane Parliament passed a bill that outlawed “unfair discrimatn” and promoted “unrstandg” of gay and transgenr people, a measure that rights advot emed sufficient and watered down om a bill submted natn’s urts have been more sympathetic to gay and transgenr rights. Ne stat have laws banng transgenr people om g bathrooms or other facili that align wh their genr inty at least some settgs, acrdg to the Movement Advancement Project, a thk liberatns over the bill promotg unrstandg of gay and transgenr people the Diet, as Japan’s Parliament is known, nservative policians raised ncerns that the law might enable men to barge to women’s bathrooms and asslt Tuday after the cisn was released, some nservativ objected.

”She said pendg on how the language and spe of the cisn is terpreted, the se uld affect other rights for gay and transgenr people. Activists said that the Supreme Court cisn uld help nudge other pani and lol ernments to change their own l erng the e of rtrooms by transgenr lg uld help “lol ernments to make their own policy or their own ordanc, and many pani will follow the judgment, ” said Gon Matsunaka, a director and adviser to Pri Hoe Tokyo, a support center for the gay and transgenr muny. Sunil Pant, who was prevly Nepal’s first openly gay member of parliament and is a leadg mpaigner on the issue said, “People are already celebratg.

Image source, Getty ImagIn the latt sign of risg homophobia different Ain untri, a Kenyan opposn MP is leadg a mpaign for parliament to further crimalise the untry's small LGBTQ muny. Gee Peter Kaluma's move after neighbourg Uganda adopted a tough new anti-gay law, rejectg threats by US Print Joe Bin to impose sanctns and travel rtrictns on "anyone volved ser human rights ab".

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

* gay rights in nepal *

"We want to prohib everythg to do wh homosexualy, " Mr Kaluma tells me, addg that his bill will be much broar than the legislatn passed by Uganda's parliament and approved by Print Yoweri Meveni May.

The Ugandan law is regard as one of the harsht anti-LGBTQ laws the propos life imprisonment for anyone nvicted of homosexualy, and the ath penalty for so-lled aggravated s, which clu havg gay sex wh someone below the age of 18 or where someone be fected wh a life-long illns such as the other si of the ntent, MPs Ghana earlier this month unanimoly voted favour of amendments to the untry's anti-gay legislatn, phg closer to beg enacted to law. Though ls harsh than Uganda's new law, the Promotn of Proper Human Sexual Rights and Ghanaian Fay Valu Bill propos a three-year prison sentence for anyone who intifi as LGBTQ and a 10-year sentence for anyone who promot homosexualy.

"The bill will propose a total ban on what the Wt lls sex-reassignment prcriptns and procr, and prohib all activi that promote homosexualy, terms of... Gay paras, drag shows, wearg the lours, the flags, the emblems of the LGBTQ group, " Mr Kaluma says. Gay sex is already illegal Kenya, but the ernment n also be tolerant of gay people - for example, has given asylum to people om other Ain untri, cludg Uganda, who faced persecutn their home untri bee of their sexual orientatn.

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. * gay rights in nepal *

Image source, Getty ImagImage ptn, Many Kenyans believe that gay rights are agast their relign - whether Christian or MlimAlthough the meetg Uganda was billed as an attempt to protect the "sovereignty" of Ain stat, was actually -sponsored by an Amerin Christian right-wg anisatn, Fay Watch Internatnal (FWI) Kapya Kaoma, a Zambian prit the Anglin Church and an amic at Boston Universy the US, says Ain untri are beg targeted by FWI and siar US-based anisatns, and that the impact of s lobbyg has been "horrible and humane" parts of Ai, fuellg what he lls "ant homophobia". "It is one thg to say: 'I don't agree wh you beg gay', but we didn't have the ant one, where policians now are sayg: 'You go to jail for life, you go to jail for talkg about beg gay, you go to jail bee you're livg wh your fellow woman', " Dr Kaoma says. FWI's Mormon founr Sharon Slater ni that the group promot anti-gay laws Ai.

The lowdown on Nepal LGBT travel, what to expect, where to go and the suatn wh gay rights Nepal. * gay rights in nepal *

She c a Uned Natns Populatn Fund (UNFPA) manual for out-of-school youths east and southern Ai, sayg promot homosexualy and is too explic.

"It sensis children to sex, " she Slater also quot om the manual, cludg l which say that facilators of lsons should have "a ntral, acceptg attu towards homosexualy". In another blow to lbian, gay, bisexual, and transgenr (LGBT) rights Hungary, on July 13, the Hungarian ernment proposed a bill that exclus transgenr women om a women-only pensn scheme.

The puty Fisz factn lear publicly cricized the judge while pro-ernment media regurgated trans- and homophobic msagg. Instead of discrimatg and fuelg tolerance, parliament should redouble efforts to protect the basic human rights of everyone Hungary, cludg people who are lbian, gay, bisexual, or transgenr.

*BEAR-MAGAZINE.COM* GAY RIGHTS IN NEPAL

Uganda's LGBTQ muny is ' shock' over new measure, gay activist says .

TOP