词条 | LGBT rights in Nepal | |||||||||||||||||||||||||
释义 |
| location_header = Nepal | image = Nepal (orthographic projection).svg | caption = Nepal | legal_status = Legal since 2007 | gender_identity_expression = Yes, transgender people allowed to change gender; third gender recognised | recognition_of_relationships = No | adoption = No | military = Yes, LGBT people allowed to serve openly | discrimination_protections = Yes, discrimination constitutionally prohibited }}{{LGBT rights}}Lesbian, gay, bisexual and transgender (LGBT) rights in Nepal are among the most progressive in Asia. The Nepalese Constitution recognizes LGBT rights as fundamental rights. Nepal's current LGBT laws are some of the most open in the world and expand upon a multitude of rights for LGBT Nepalese.[1] The Nepalese Government, following the monarchy that ended in 2007, legalized homosexuality across the country in 2007 along with the introduction of several new laws. These new laws explicitly include protections on the basis of sexual orientation.[2] The new Nepalese Constitution, approved by the Constituent Assembly on 16 September 2015,[3] includes several provisions pertaining to the rights of LGBT people, some of which include:[4]
Based on a ruling of the Supreme Court of Nepal in late 2007, the Government was also looking into legalising same-sex marriage. According to several sources, the new Constitution was expected to include it.[5][6] Although the Constitution does explicitly include that "marginalized" communities are to be granted equal rights under the law and also mentions that LGBT people in Nepal particularly fall under that marginalized group, it appears to not address the legalization of same-sex marriage explicitly.[4] Despite these supportive laws and provisions, LGBT people still face societal discrimination in Nepal and there is significant pressure to conform and to marry a partner of the opposite sex.[7] Terminology{{further|Intersex and LGBT}}The term LGBTI is increasingly used in Nepal, rather than just LGBT, with the I denoting intersex people. The term "gender and sexual minorities" is used in the Constitution of Nepal.[8] Among young Nepalis, the terms "queer" (Q) and "MOGAI" (Marginalized Orientations, Gender Identities, and Intersex) are more prominently used.[9][10] Legality of same-sex sexual activityBefore the transition from the Kingdom of Nepal to the Federal Democratic Republic of Nepal, private, homosexual relations between consenting adults was a crime.[11] Among others, cross-dressing was also illegal under various laws against public immorality.[12] The age of consent in Nepal is 16, regardless of gender and sexual orientation.[13] Recognition of same-sex relationships{{main article|Recognition of same-sex unions in Nepal}}Same-sex marriage is not legal in Nepal. Sunil Babu Pant and Others v. Nepal GovernmentOne of the first cases to determine the shift in legislation regarding LGBTI rights in Nepal was the 2007 Supreme Court case Sunil Babu Pant and Others v. Nepal Government.[14] After their participation in demonstrations that brought down the monarchy, LGBT rights groups, found themselves largely ignored by the current political establishment, and turned to the judiciary as a more effective way to secure their rights.[15] In April 2007, a coalition of organizations representing LGBTI Nepalis filed a writ petition under Article 107 (2) of the Interim Constitution of Nepal.[12] The petition, filed by the Blue Diamond Society, MITINI Nepal, Cruse AIDS Nepal, and Parichaya Nepal expressed "dissenting view with the prevalent societal structures or norms as well as legal provisions adopted by the state based on the interest of majority people".[14] The petition asked that the Federal Democratic Republic of Nepal officially recognize "transgender individuals as a third gender, prohibit any discriminatory laws on the basis of sexual orientation and gender identity, and invest due finances for reparations by the State to victims of State violence and discrimination".[14] On December 21, 2007, the Supreme Court ruled that the new democratic Government must create laws to protect LGBTI rights and change existing laws that are tantamount to discrimination.[16][17] Based on the Yogyakarta Principles Response to the rulingA bill to legalize same-sex marriage was being drafted and was supposed to be introduced by 2010.[19] In the drafting of the new Nepalese Constitution, same-sex marriage and protection for sexual minorities were supposed to be established.[5][6] However, negotiations on the new Constitution failed and the Prime Minister dissolved the Constituent Assembly on May 28, 2012 in preparation for new elections.[20][21] As a result, the future of explicitly addressing the legality of same-sex marriage was uncertain. Ultimately, the Constitution was adopted in 2015 but does not address same-sex marriage. As of 2018, a bill to legalise same-sex marriage is being drafted and prepared by the Government,[22] though LGBT activists have accused it of being "lukewarm" in its support. In August 2018, former Prime Minister Baburam Bhattarai urged the Government to legalise same-sex marriage.[23] The new Nepali Civil Code, which came into effect in August 2018, does not address same-sex marriage and specifically defines marriage as being between an opposite-sex couple. Activists have called out the Civil Code as unconstitutional and contrary to Supreme Court guidelines, though the Government has affirmed that it intends to legalise same-sex marriage in a separate law.[22][24] Gender identity and expression{{See also|Intersex rights in Nepal}}The Supreme Court has dictated that the category "other" or anya, representing a "third gender" be added to all official documents and Nepalis identifying as such be given citizenship documents to reflect their new status.[33] The Government has started issuing citizenship with an "other" option to transgender people on a rolling basis. Having official documentation that reflects the persons self-identification and gender presentation allows for "third gender" identifying individuals to open bank accounts, own property and register for universities. In 2008, Bishnu Adhikari became the first Nepali citizen to officially register under the "third gender" category, with Badri Pun receiving the second. Other legal accomplishments include allowing citizens to register to vote as "third gender".[33] One of the most important milestones in progressive LGBT rights includes the Central Bureau of Statistics' official recognition of a "third gender" option in addition to male and female in the 2011 Nepal census.[33] As the world's first national census to list a category other than male or female, it allowed for the Government to gain data on the amount of "third gender" identifying Nepalis. The census also provides passport, Ncell sim card registration, etc. with a third gender or "other" option. Monica Shahi became the first person to gain a passport with the "other" gender category.[25] In 2015, Bhumika Shrestha became the first transgender woman to travel aboard with a passport that identified her as an "other" gender.[25] Five bullet demand for legal gender recognitionOn 19 December 2018, five LGBT organizations, Queer Rights Collective, Mitini Nepal, Inclusive Forum Nepal, Body & Data and Sahaayam Nepal, as well as intersex activist Eshan Regmi and women's rights activist Mina Swarnakar, jointly filed an application with the State Affairs and Good Governance Committee of the Federal Parliament of Nepal, with several recommendations.[26] They demanded greater self-determination rights for transgender individuals, easier access to identity documents reflecting their gender identity and allowing individuals to leave a blank sex entry. They also asked that other identities be added besides "other" ("O").[27] The hashtag #GSM5bude was shared on social media by Queer Rights Collective to spread awareness.[28] Certain activists and young LGBTI Nepalis have criticized what they call a "gender trinary", instead advocating for complete self-determination.[29][30] In 2019, LGBT advocate Rukshana Kapali took an open stand against labeling herself as "third gender".[31][32] Third gender recognitionNepal, similarly to India, Bangladesh and Pakistan, has a vibrant indigenous third gender community, considered by society as neither male or female. Such individuals, known as metis, are assigned male at birth but commonly act, dress and behave as female. Although metis (मेटी) have traditionally had important roles at weddings or at the birth of a child to ward off evil spirits, they now regularly face discrimination in education, health, housing and employment. They are often referred to as transgender in English language publications. The term fulumulu (फुलुमुलु) is used in eastern Nepal.[33] Among the Gurung people, there is a tradition of men called maarunis who dance in female clothing, typically at barracks or at royal palaces, and are believed to bring good luck.[34] The Nepalese Government, following the monarchy, legalized cross-dressing and began allowing a third gender option on documents in 2007. Cross-dressing was previously illegal under various laws against public immorality but now is freely allowed. In 2007, the Supreme Court legally established a gender category called "third gender" or anya.[12][35][35] The Nepali Supreme Court stated that the criteria for identifying as "third gender" is based on the individual's self-identification.[11] The court officially stated that: "There should be a declaration for full fundamental human rights for all sexual and gender minorities - lesbian, gay, bisexual, transgender, and intersex citizens",[12] as well as "legal provisions should be made to provide for gender identity to the people of transgender or third gender, under which female third gender, male third gender and intersexual are grouped, as per the concerned person’s self-feeling".[14] The Supreme Court's decision to implement a "third gender" may have stemmed from the long-held contemporary acknowledgment of gender variant peoples, known as metis as well as the religious traditions revering non-gender conforming characters.[36][35] In a global perspective, Nepal's Supreme Court decision also contrasts with neighboring India's recent developments in reviving a colonial-era anti-sodomy law criminalizing same-sex intercourse.[37] However, in other Asian countries/territories such as Hong Kong, Malaysia and Pakistan, there have been trend of progressive judicial decisions on the rights of LGBT people.[38] Third gender literacy rateLiteracy rates of transgender people in Nepal still remain very low. In 2014, Blue Diamond Society asked for the implementation of educational rules that might bring acceptance to transgender people. Transgender people face severe gender-based violence and this greatly limits their ability to attend school or receive a proper education.[39] Provisions of the 2015 ConstitutionIn September 2015, several articles mentioning LGBTI rights in the country's new Constitution were approved by Parliament after lengthy deliberation. These include, but are not limited to:
The new Constitution states: ‘Nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of socially and culturally disadvantaged women, Dalits, indigenous peoples, tribes, Madhesi, Tharu, Muslim, ethnic minorities, backward classes, minorities, marginalized, farmers, workers, youth, children, senior citizens, gender and sexual minorities, handicapped persons, pregnant persons, disabled or helpless, people of backward regions and economically disadvantaged citizens.’
The Constitution went into effect on 20 September 2015.[41] Living conditionsSocietyWhile the Nepalese political landscape has rapidly changed in the past decade, much of the progressive legislation has not been implemented at the community level. Traditional Nepalese gender roles stem from rigid ideals based on biological sex that ostracizes anyone failing to conform.[36] These norms may stigmatize any LGBT Nepalis who choose to operate outside of the gender roles, but affect LGBT women in Nepal the most, as women, more than men, are expected to conform to societal expectations of marriage to the opposite sex.[42] However, human rights organizations like the Blue Diamond Society, established in 2001, seeks to represent LGBT people in Nepal politically and provide assistance with sexual health in the community. A drop-in centre with free HIV testing exists in Kathmandu along with more than 50 different branches of the organization across the country. Other organizations such as Mitini Nepal, Saino Nepal, Sahara Samaj, Ekata Nepal, Naulo Srijana Nepal and Paribartan Nepal also exist to provide resources for LGBT Nepalis. The media and public have also become more sympathetic to LGBT rights since homophobic acts and crimes against members of the Blue Diamond Society became public and after they started their radio program called Pahichan, a program that discusses sexual and gender minority rights.[36][15][42] Nepal Pride is an annual LGBT event held in Kathmandu. It was first held in 2001, and was attended by 49 people, most of whom wore masks to avoid being recognised. In recent years, the event has attracted about 1,500 people.[43] It purposefully coincides with the Gai Jatra festival, one of the oldest festivals celebrated in the Kathmandu Valley. ViolenceGender-based violence against transgender people is a severe issue in Nepal where they often find themselves susceptible to both public and domestic violence which constitutes discrimination, abuse in the workplace and at home, and elsewhere. Reasons for gender-based violence are largely attributed to social taboos and superstitions and deeply entrenched beliefs that propagate derogatory attitudes towards sexual and gender minorities. Violence also stems from law enforcement such as the police force, as many LGBT individuals report severe beatings, body searches and undue detainment.[42] Likewise, results derived from INSEC's monitoring of the situation indicated that subjugating women to domestic violence was considered a deep-rooted traditional practice.[68] Survey results also show that 20-23% of transgender women in Nepal view domestic violence as being acceptable. Despite efforts of various human rights and LGBT rights NGOs, together with international aid agencies, to lobby for the elimination of violence through the implementation of more effective measures. Complaints by transgender rights activists are directed towards the lackadaisical efforts of the law enforcement agencies in which disputes are settled without any charges pressed against the perpetrators.[42] EducationThe United Nations Development Programme has recommended that Nepal incorporate these ideals into the education system to ensure inclusive and equitable quality education:[38]
Nepal's Education Board has implemented information about sexual and gender diversity in the curriculum of grades 7-9 (age 13-15), making Nepal the second Asian country, after Mongolia, to implement this.[36] Universities also possess courses about LGBT issues. However, many LGBT children still face discrimination and are unable to complete their education due to "threats, bullying and neglect from fellow students and teachers alike."[42] Furthermore, transgender Nepalis face severe gender-based violence and are unable to receive a proper education, especially in rural areas.[44] IncidentsIn 2018, Tribhuvan University denied a transgender student, Rukshana Kapali, admission due to her gender identity. The hashtag #TransExclusionistTU began trending on social media shortly thereafter to protest gender-based discrimination.[45][46] PoliticsThere has been an increased level of participation in the political arena by openly LGBTI politicians such as Sunil Babu Pant, the first openly gay parliamentarian in Asia.[38] Pant served from 2008-2012.[36] Pant was also one of the 27 experts at the meeting consolidating the Yogyakarta Principles. However, the Communist Party of Nepal-Maoist made several homophobic statements during the Civil War. Until 2007, party members had described homosexuality as "a production of capitalism" that "doesn't exist under socialism", and LGBT people as "social pollutants."[47] Since 2008, with the end of the Civil War and the beginning of a multi-party democracy, the Maoist Party has come out as supporters of LGBT rights.[48][49][50] HealthThe HIV/AIDS epidemic affects LGBT Nepalis across the board, with men who have sex with men (MSM) being more than one-fifth of the population affected (21.6% of all cases). Lesbian couples are also denied access to vitro fertilization (IVF). Across the country, there is a severe lack of access to comprehensive health care as well as a lack of research on the mental, physical, and reproductive needs of LGBT Nepalis.[36] Tourism{{See also|Tourism in Nepal}}The Nepal Tourism Board has made plans to promote Nepal as a LGBT-friendly tourist destination. An LGBT tourism conference occurred in February 2010. Sensitivity training was conducted in selected catering and hospitality venues.[51] Prominent LGBT organizations, figures and events in NepalOrganizations
Figures
Events
Media and publications
LGBT rights movementThe LGBT movement of Nepal constitutes of two schools, named the "Old School" and the "New School". Old SchoolThe Old School movement began in 2001 with the establishment of the Blue Diamond Society, advocating for such things as:
New SchoolThe New School movement began in December 2018, with the establishment of Queer Rights Collective. It was the beginning of demands such as:
Summary table
See also{{Portal|LGBT|Human rights|Nepal}}
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web|url=http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/resourcecenter/906.html|title=Nepal: Lesbian Visibility Increases After the Government Recognizes LGBT Rights|last=Anonymous|date=21 May 2009|work=iglhrc.org|accessdate=13 October 2016}} 50. ^{{cite news| url=http://articles.timesofindia.indiatimes.com/2011-06-22/south-asia/29689088_1_sunil-babu-pant-blue-diamond-society-gay-rights-organisation | work=The Times Of India | title=Nepal to offer shelter to South Asia's battered gays | date=22 June 2011}} 51. ^23 October 2009: Nepal to Lure Gay Tourists, The Advocate (accessed 1 November 2009) 52. ^1 {{cite web|url=https://suppressednarratives.home.blog/2019/02/04/lgbt-organizations-of-nepal/|title=LGBT organizations of Nepal}} 53. ^1 2 3 4 5 {{cite web|url=http://www.bds.org.np/lesbian-organizations/|title=Lesbian organizations in Nepal outside Kathmandu|work=Blue Diamond Society|date=}} 54. ^{{cite web |url=http://lexlimbu.com/blog/2019/02/05/angel-lama-to-represent-nepal-at-miss-international-queen-pageant/|title=Angel Lama To Represent Nepal At Miss International Queen Pageant}} 55. ^{{cite web|url=https://www.thehindu.com/life-and-style/fashion/transgender-model-anjali-lama-goes-internation/article26469021.ece|title=Transgender model Anjali Lama on going international}} 56. ^{{cite web|url=http://pahichan.com/a-breakthrough-in-lgbti-movement/|title=A breakthrough in LGBTI movement|work=Pahichan|date=30 December 2016}} 57. ^ {{cite web|url=https://rukshanakapali.com/wp-content/uploads/2018/12/Rukshana-Kapali-Gender-and-Sexuality.pdf | title=Gender and Sexuality Terminologies in Nepal Bhasa | publisher=Rukshana Kapali}} 58. ^{{cite web|url=https://pahichanmedianewa.wordpress.com/2018/07/05/%E0%A4%A8%E0%A5%87%E0%A4%AA%E0%A4%BE%E0%A4%B2%E0%A4%AD%E0%A4%BE%E0%A4%B8%E0%A4%AF%E0%A5%8D-%E0%A4%9C%E0%A4%BE%E0%A4%83-%E0%A4%B5-%E0%A4%AF%E0%A4%B8%E0%A5%81-%E0%A4%B8%E0%A4%AE%E0%A5%8D%E0%A4%AC/|title=नेपालभासय् जाः व यसु सम्बन्धी खँग्वःमुना सफू रुक्शना कपालीं पिथन}} 59. ^{{cite web |url= http://pahichan.com/lgbti-word-book-in-nepal-bhasa-published/ | title=LGBTI word-book in Nepal Bhasa published}} 60. ^ {{cite web | url=http://www.pahilopage.com/2019/01/11/3016 | title=तेस्रोलिङ्गी भूमिका श्रेष्ठको किताब ‘भूमिका’ बजारमा}} 61. ^ {{cite web | url=http://freshnewsnepal.com/news-details/6238/page-unicode-to-preeti.php | title=तेस्रो लिङ्गी भूमिका श्रेष्ठको आत्मकथा सार्वजनिक }} 62. ^ {{cite web|url=https://rukshanakapali.com/wp-content/uploads/2019/02/TrilingualBook.pdf | title=A trilingual collection of Gender and Sexuality Terminologies (English, Nepal Bhasa and Khas Nepali) | publisher=Rukshana Kapali}} 63. ^{{cite web |url= https://suppressednarratives.home.blog/2019/02/27/rukshana-kapali-publishes-her-second-book/ | title=Rukshana Kapali publishes her second book}} 64. ^ [https://www.youtube.com/watch?v=i3H4WbMVZ_4 | Third Sex Nepal] 65. ^{{cite web|url=http://kathmandupost.ekantipur.com/news/2019-03-08/how-do-transwomen-describe-themselves-women.html|title=How do transwomen describe themselves? Women.|publisher=Kathamandu Post}} 66. ^{{cite web|url=https://rukshanakapali.com/moving-beyond-two-stuck-in-three/|title=Moving beyond two, stuck in three}} External links
2 : Nepalese law|LGBT rights in Nepal |
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