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Nepal's Supreme Court Confirms Gay Rights

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Nepal's highest court confirms full rights for LGBT people

http://www.pinknews.co.uk/news/articles/2005-9597.html

By Staff Writer, PinkNews.co.uk • November 17, 2008 - 14:43

 

A Nepali MP has said his "eyes were filled with tears" when he read the full written decision of the country's Supreme Court on a writ petition from four organisations representing lesbian, gay, bisexual, trans and intersex people.

A summary decision was issued in December 2007, when the court issued directive orders to the Nepal government to ensure the right to life according to their own identities and introduce laws providing equal rights to LGBTIs and amend all the discriminatory laws.

The final judgement was issued today.

It reiterates that all LGBTIs are defined as a "natural person" and their physical growth as well as sexual orientation, gender identity, expression are all part of natural growing process. Thus equal rights, identity and expression must be ensured regardless of their sex at birth.

The writ petition was filed by Blue Diamond Society and other 3 LGBTI organisations in Nepal demanding the protection and defence of the equal rights of sexual and gender minorities.

"Reading this decision my eyes were filled with tears and I felt we are the most proud LGBTI citizens of Nepal in the world," said Sunit Pant, Nepal's only gay MP.

"A legal note of point has been raised for the new constitution of Nepal while ensuring the equal rights to individuals, like the bill of tights from South Africa, and non-discrimination provisions on the grounds of sexual orientations and gender identities must be introduced."

The Court has also issued a directive order to form a seven-member committee, with a doctor appointed by Health Ministry, one representative from National Human rights commission, the Law Ministry, one socialist appointed by government of Nepal, a representative from the Nepal police, a representative from Ministry of Population and Environment and one advocate as a representative from the LGBTI community, to conduct a study into the other countries' practice on same-sex marriage.

Based on its recommendation the government will introduce a same-sex marriage bill.

Mr Pant, founder of Blue Diamond Society, was named in May as one of five representatives of the Communist Party of Nepal-United in the 601 member new constituent assembly.

The Maoists are the largest party with 220 seats.

Maoist insurgents, who fought a ten-year guerrilla war against monarchist forces at a cost of over 12,000 lives, finally signed a peace agreement with the new democratic government in November 2006.

LGBT people joined the Maoist rebels and others to protest in a democracy movement against the king, demanding a freely elected, secular government.

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