Third Gender Rights In Nepal
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Lesbian, gay, bisexual, and transgender (
LGBTQ LGBTQ people are individuals who are lesbian, Gay men, gay, bisexual, transgender, queer, or questioning (sexuality and gender), questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, Asexuality, asexual, ...
) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal. On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and
sexual minorities Sexual and gender minorities (SGM) comprise individuals whose sexual identity, sexual orientation, sexual behavior, or gender identity differ from the majority of the surrounding society. Sexual minorities include lesbians, gay men, bisexual peo ...
". The full bench of the Supreme Court has yet to deliver a final verdict. The first same-sex marriage of a
trans woman A trans woman or transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity and may experience gender dysphoria (distress brought upon by the discrepancy between a person's gender identity and their ...
and a cisgender man occurred in November 2023. On 24 April 2024, the National ID and Civil Registration Department issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into the separate register. The temporary registration does not grant same-sex couples the same legal rights and recognition as opposite-sex couples. Same-sex couples cannot inherit property, receive tax subsidies, make spousal medical decisions or adopt children, among others. It is not known if all local governments are complying with the instruction of the National ID and Civil Registration Department. Prior to March 2023, and based on a ruling of the
Supreme Court of Nepal The Supreme Court of Nepal () is the highest court in Nepal. It is designated as the court of record by the Constitution of Nepal. It has appellate jurisdiction over decisions of the seven High Courts (including eleven Benches of the High Cour ...
in late 2007, the government was considering the legalization of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
. According to several sources, the Constitution of 2015 was expected to include it. Although the Constitution explicitly says that "
marginalized Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. In the EU context, the Euro ...
" communities are to be granted equal rights under the law, and that Nepal's LGBT people fall into this category, it does not explicitly address the right of same-sex marriage. The Nepalese Constitution, approved by the
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
on 16 September 2015, includes several provisions pertaining to the rights of LGBT people. These are the right to acquire a citizenship certificate in accordance to one's gender identity, a prohibition on discrimination on any ground including sex by the State and by private parties. Despite some laws and provisions protecting third gender people, LGBT people still face societal discrimination in Nepal and there is significant pressure to conform and to marry a partner of the opposite sex. Some observers accused the media and activists of pinkwashing and spreading
disinformation Disinformation is misleading content deliberately spread to deceive people, or to secure economic or political gain and which may cause public harm. Disinformation is an orchestrated adversarial activity in which actors employ strategic dece ...
about same-sex marriage and LGBT rights in Nepal. According to a 2021 study, LGBTQ individuals in Nepal face severe discrimination, social isolation, and human rights violations. LGBTQ people are judged and ridiculed not just by their family members but also by the health staff at hospitals and health posts.


Terminology

The term ''LGBTI'' is increasingly used in Nepal, rather than just ''LGBT'', with the I denoting
intersex Intersex people are those born with any of several sex characteristics, including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binar ...
people. The term "gender and
sexual minorities Sexual and gender minorities (SGM) comprise individuals whose sexual identity, sexual orientation, sexual behavior, or gender identity differ from the majority of the surrounding society. Sexual minorities include lesbians, gay men, bisexual peo ...
" () is used in the
Constitution of Nepal The Constitution of Nepal () is the present governing Constitution of Nepal. Nepal is governed according to the Constitution which came into effect on 20 September 2015, replacing the Interim Constitution of 2007. The constitution of Nepal is di ...
. Among young Nepalis, the terms "
queer ''Queer'' is an umbrella term for people who are non-heterosexual or non- cisgender. Originally meaning or , ''queer'' came to be used pejoratively against LGBTQ people in the late 19th century. From the late 1980s, queer activists began to ...
" (Q) and "MOGAI" (Marginalized Orientations, Gender Identities, and Intersex) are also used. Certain activists have also coined an acronym PoMSOGIESC, standing for "people of marginalized sexual orientation, gender identity & sex characteristics", to encompass a larger spectrum of identities beyond the LGBT terminology. LGBTQI+ terminology exists alongside indigenous terminologies for identifying sexual and gender minorities. This vocabulary includes terms like ''meti'', ''fulumulu,'' and ''kothi'', among many others. While academic sources tend to favor Western, LGBTQI+ terminologies over indigenous ones, many individuals prefer indigenous terms.


Legality of same-sex sexual activity

Before the transition from the
Kingdom of Nepal The Kingdom of Nepal was a Hindu monarchy in South Asia, founded in 1768 through the unification of Nepal, expansion of the Gorkha Kingdom. The kingdom was also known as the Gorkha Empire and was sometimes called History of Asal Hindustan, ...
to the
Federal Democratic Republic of Nepal Nepal, officially the Federal Democratic Republic of Nepal, is a landlocked country in South Asia. It is mainly situated in the Himalayas, but also includes parts of the Indo-Gangetic Plain. It borders the Tibet Autonomous Region of China ...
in 2007, private
homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between people of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" exc ...
relations between consenting adults was a crime. Article 1 of Chapter 16 of the National Code (1963), locally referred to as "Muluki Ain", criminalises “unnatural sexual intercourse”. Among others, cross-dressing was also illegal under various laws against public immorality.Supreme Court of Nepal. April 2007
Sunil Babu Pant and Others v. Nepal Government
In 2007, the Supreme Court of Nepal ruled that same-sex sexual intercourse was not to be construed as “unnatural”. Though the new Criminal Codes Act (2008) which replaced the Muluki Ain appears to continue to criminalise “unnatural sex”, it should be read in light of this case. The age of consent in Nepal is 18, regardless of gender and sexual orientation.


Recognition of same-sex relationships

On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic order directing the government to establish a separate register for non-traditional couples and sexual minorities and to temporarily register them. The full bench of the Supreme Court has yet to deliver a final verdict. Some observers noted that Justice Til Prasad Shrestha overstepped his functions and abused his authority. It is estimated that around 200
third gender Third gender or third sex is an identity recognizing individuals categorized, either by themselves or by society, as neither a man nor a woman. Many gender systems around the world include three or more genders, deriving the concept either from ...
activists who rushed back to their villages may register their marriages soon. On 13 July 2023, the Kathmandu District Court rejected a marriage registration application filed by a Nepali couple despite the historic order by a single judge bench of Justice Til Prasad Shrestha. "The court’s action is not only a blow to the
sexual minority Sexual and gender minorities (SGM) comprise individuals whose sexual identity, sexual orientation, sexual behavior, or gender identity differ from the majority of the surrounding society. Sexual minorities include lesbians, gay men, bisexual peo ...
community, but it also dishonoured the Til Prasad Shrestha’s order, said Sunil Babu Panta, a leading third gender activist. We will knock on the doors of the Supreme Court as soon as possible to dry our tears” they added. On 24 April 2024, the National ID and Civil Registration Department issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into the separate register. The temporary registration doesn't grant same-sex couples the same legal rights and recognition as opposite-sex couples. Same-sex couples cannot inherit property, get tax subsidies, make spousal medical decisions and adopt children among others. They are also labeled as "groom and bride" on the marriage certificate. It is not known if all local governments are complying with the instruction of the National ID and Civil Registration Department.


''Sunil Babu Pant and Others v. Nepal Government''

One 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''. 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.Gay activist in Nepal campaigns against discrimination
by Henry Chu, The Christian Science Monitor, 30 June 3008
In April 2007, a coalition of organizations representing LGBTI Nepalis filed a writ petition under Article 107 (2) of the Interim Constitution of Nepal. The petition, filed by the
Blue Diamond Society The Blue Diamond Society (BDS; Nepali: नील हीरा समाज) is an LGBT rights organization in Nepal. It was established in 2001 to advocate for change in the existing laws against homosexuality and to advocate for the rights of N ...
, 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". The petition asked that Nepal officially recognize "transgender individuals as a
third gender Third gender or third sex is an identity recognizing individuals categorized, either by themselves or by society, as neither a man nor a woman. Many gender systems around the world include three or more genders, deriving the concept either from ...
, 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". On 21 December 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. Based on the
Yogyakarta Principles The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. T ...
and the Special Procedures of the
UN Human Rights Council The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The ...
, the court concluded that sexual orientation is to be defined by one's self-identification and a natural process rather than a result of "mental, emotional or psychological disorder". While not explicitly legalizing same-sex marriage, the ruling instructed the government to form a committee to look into "decriminalizing and de-stigmatizing same-sex marriage".


Response to the ruling

A bill to legalize same-sex marriage was drafted and was supposed to be introduced by 2010. In the drafting of the new Nepalese Constitution, same-sex marriage and protection for sexual minorities were supposed to be established. However, negotiations on the new Constitution failed and Prime Minister
Baburam Bhattarai Baburam Bhattarai (, ; born 18 June 1954), also known by his nom de guerre Laaldhwoj, is a Nepalese politician, architect and former Prime Minister of Nepal, Prime Minister who presently serves as leader of the Nepal Socialist Party. Bhattarai ...
dissolved the Constituent Assembly on 28 May 2012 in preparation for new elections. 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 2019, a bill to legalise same-sex marriage was being drafted and prepared by the government, though LGBT activists have accused it of being "lukewarm" in its support. In August 2018, former Prime Minister
Baburam Bhattarai Baburam Bhattarai (, ; born 18 June 1954), also known by his nom de guerre Laaldhwoj, is a Nepalese politician, architect and former Prime Minister of Nepal, Prime Minister who presently serves as leader of the Nepal Socialist Party. Bhattarai ...
urged to legalise same-sex marriage. 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 partners of the opposite sex. Activists have called out the Civil Code as unconstitutional and contrary to Supreme Court guidelines.


Gender recognition

On 31 October 2021 twenty nine LGBT and intersex rights organizations, two federations, five loose networks and others have collectively proposed an Act regarding Gender Identity, 2021. Queer Youth Group, an LGBT rights organization, has filed several writ petitions at the Supreme Court of Nepal demanding legal recognition of gender identity. On 2022 March 29, the group proposed ''A Directive on Gender Recognition for Intersex People'', ''A Directive on Gender Recognition for transgender men and transgender women'' and ''A Directive on Gender Recognition for Non-Binary and Third Gender People'', proposed to be promulgated by the Supreme Court.


Third gender recognition

The Supreme Court has dictated that the category "other" or ''anya'' (), representing non-cisgender identities be added to all official documents and Nepalis identifying as such be given citizenship documents to reflect their new status. The government has started issuing citizenship with an "other" ("O") option to transgender people on a rolling basis. This 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 being the second. Other legal accomplishments include allowing citizens to register to vote as "third gender". In 2015, Monica Shahi became the first person to gain a passport with the "other" gender category,''The Kathmandu Post.'' 6 October 2015. Web. 5 March 201
Bhumika Becomes First Transgender to Travel Abroad with 'other' Category Passport.
/ref> and
Bhumika Shrestha Bhumika Shrestha (Nepali: भूमिका श्रेष्ठ, born January 11, 1988, in Kathmandu, Nepal) is a Nepalese activist and actress. Shrestha is a third gender activist and is currently working with the Blue Diamond Society. Pe ...
became the first transgender woman to travel aboard with a passport that identified her as an "other" gender. Nepal, similarly to
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
,
Bangladesh Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by ...
and
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, has an indigenous
third gender Third gender or third sex is an identity recognizing individuals categorized, either by themselves or by society, as neither a man nor a woman. Many gender systems around the world include three or more genders, deriving the concept either from ...
community, considered by society as neither male or female. Such individuals, known as ''
metis Metis or Métis, meaning "mixed" in French, may refer to: Ethnic groups * Métis, recognized Indigenous communities in Canada and the United States whose distinct culture and language emerged after early intermarriage between First Nations peopl ...
'', 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 A transgender (often shortened to trans) person has a gender identity different from that typically associated with the sex they were sex assignment, assigned at birth. The opposite of ''transgender'' is ''cisgender'', which describes perso ...
in English language publications. The term ''fulumulu'' (फुलुमुलु) is used in eastern Nepal. However, a publication of 2021 has challenged the existence of the term, and said it rather is ''pholo-molo''. Among the
Gurung people Gurung (exonym; ) or Tamu (endonym; Gurung language, Gurung: ) are a Tibetan people, Tibetan ethnic group living in the hills and mountains of Gandaki Province of Nepal. Gurungs speak Tamu kyi which is a Sino-Tibetan language derived from the ...
, there is a tradition of men dancing in female clothing, called ''maarunis'', typically at
barracks Barracks are buildings used to accommodate military personnel and quasi-military personnel such as police. The English word originates from the 17th century via French and Italian from an old Spanish word 'soldier's tent', but today barracks ar ...
or at royal palaces, and are believed to bring good luck. In 2007, the Supreme Court legally established a gender category called "other".Knight, Michael Bochenek, Kyle. "Establishing a Third Gender Category in Nepal: Process and Prognosis". ''Emory University School of Law''. 1 March 2016. The Nepali Supreme Court stated that the criteria for identifying one's gender is based on the individual's self-identification. In 2012, the Home Ministry issued a directive stating that people who identify as lesbian, gay, bisexual, transgender, and intersex would be classified as “other” in their legal documents. Some observers stated that the use of "others" to denote LGBT people by the state is demeaning and discriminatory. By using such alienating language, the Nepali government reinforces heteronormativity and implies that those who are non-heterosexual are the "other". 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. In 2019, there were discussions in
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
to require applicants to undergo sex changes in order to apply for an "O" sex descriptor.


Binary transgender recognition

Nepalese law only allows gender markers to be changed from "M" (male) or "F" (female) to "O". There are no provisions allowing transgender women to have an "F" marker or transgender men having an "M" marker. Certain activists and young LGBTI Nepalis have criticized what they call a "gender trinary", instead advocating for complete self-determination. In 2019, LGBT activist Rukshana Kapali took an open stand against labeling herself as "third gender", having taken legal steps to amend her gender identity to "female". As of 2021, a writ petition was filed at the Supreme Court of Nepal demanding amendment of her gender as ''female''. Similarly, Nepali media was called out for forcefully using the term 'third gender' to describe trans men and trans women. On 31 March 2020, the
International Transgender Day of Visibility International Transgender Day of Visibility, often simply Trans Day of Visibility (often shortened online as TDOV), is an annual event dedicated to celebrating transgender people raising awareness of discrimination faced by transgender people, ...
Queer Youth Group and Trans Rights Collective published ''National Transgender Demand Sheet'' demanding that trans people should be able to choose the gender of their choice when completing documents and forms. On 2022 February 21, the Supreme Court of Nepal issued an order to Election Commission in the writ petition of ''Rukshana Kapali V. Election Commission et al.'' stating that a transgender woman's gender identity is woman, not third gender. This is the first instance of transgender people being legally recognized in the binary spectrum. Consequently, on 2022 February 27 and March 15, the Supreme Court ordered to issue COVID-19 vaccination certificate and passport to her with a female gender marker. According to Human Rights Watch only a tiny number of Nepali transgender people have been able to change their gender on official documents after undergoing medical exams - ones that included doctors touching their genitals to prove they had surgery. On 31 July 2024, the Supreme Court of Nepal ruled that Rukshana Kapali should be legally recognized on all official documents as a woman without her needing to submit to medical verification. The executive order only applies to Ali so far, while other transgender people would have to petition courts to be legally recognized.


Non-binary recognition

Nepali activists identify two distinct groups, i.e. third gender and non-binary, beyond the man and woman genders. This is due to the recent development of critiques on third gender, to be a discriminatory word. In 2020, the ''National Charter of Demands on Legal Recognition of Gender Identity'' laid forth the option 'non-binary' should be available distinct from 'third gender'. The proposed ''Gender Identity Act, 2021'' also suggests for non-binary and third gender as two different options. A case filed at National Human Rights Commission on 22 November 2020 complaint number 654 also demands for a non-binary option to be added.


Intersex rights

The rights situation of
intersex Intersex people are those born with any of several sex characteristics, including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binar ...
people in
Nepal Nepal, officially the Federal Democratic Republic of Nepal, is a landlocked country in South Asia. It is mainly situated in the Himalayas, but also includes parts of the Indo-Gangetic Plain. It borders the Tibet Autonomous Region of China Ch ...
is unclear. Local activists have identified
human rights violations Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning t ...
, including significant gaps in protection of rights to physical integrity and bodily autonomy, and protection from discrimination.


Census

It was reported that Central Bureau of Statistics officially recognized a "third gender" option, in addition to male and female, in the census of 2011. It was recognized 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 number of "third gender" identifying Nepalis. The census enumeration of third gender experienced many barriers and challenges. Some reported that census enumerators demanded a child to be stripped on their parents lisiting them as 'third gender'. However, no data of third gender were published by the bureau. Media reported that 2021 census of Nepal shall include LGBTI people. The
LGBTQ LGBTQ people are individuals who are lesbian, Gay men, gay, bisexual, transgender, queer, or questioning (sexuality and gender), questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, Asexuality, asexual, ...
and
Intersex Intersex people are those born with any of several sex characteristics, including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binar ...
community of Nepal raised concerns over enumeration of ''LGBTI as a third gender''. Rights group argued that sexual orientation, gender identity and sex characteristics were being clumped into one. Various campaigns were conducted for LGBTI inclusion in census. Civil societies promulgated ''Charter of Demands on ‘Other gender’ provision in National Census 2078 (2021)'' condemning what they call 'tokenistic inclusion'. On 4 July 2021, a writ petition was filed against Central Bureau of Statistics et al. regarding 'tokenistic inclusion' in the census and demanding for a meaningful inclusion, that addresses diversity of Sexual Orientation, Gender Identity and Sex Characteristics. The Supreme Court of Nepal issued a show cause order on 9 July 2021.


Military service

In 2007, two female soldiers were accused of having a relationship and were discharged, but the army claimed that the women were dismissed for "failing to maintain minimum discipline" not based on sexual orientation. The
UNDP The United Nations Development Programme (UNDP) is a United Nations agency tasked with helping countries eliminate poverty and achieve sustainable economic growth and human development. The UNDP emphasizes on developing local capacity towar ...
reports that gays, lesbians and bisexuals can serve openly in the
Nepali Army The Nepali Army (), also referred to as the Gorkhali Army (; see '' Gorkhas''), formally known as "Royal Nepal Army" is the land service branch of the Nepali Armed Forces. After the Gorkha Kingdom was founded in 1559, its army was establis ...
. Nepal military law does not explicitly forbid LGBT people from serving. Nevertheless, LGBT groups report that discrimination and harassment still occur.


Provisions of the 2015 Constitution

Several articles mentioning LGBTI rights in the country's new Constitution were approved by Parliament after lengthy deliberation. The Constitution went into effect on 20 September 2015. The section "Fundamental Rights and Duties" reads in part:


Public opinion

Opinion polls on LGBT rights and same-sex marriage have never been conducted in Nepal. Ignorance about homosexuality is common and gay people are often confused with
hijra Hijra, Hijrah, Hegira, Hejira, Hijrat or Hijri may refer to: Islam * Hijrah (also ''Hejira'' or ''Hegira''), the migration of Muhammad from Mecca to Medina in 622 CE * Migration to Abyssinia or First Hegira, of Muhammad's followers in 615 CE * L ...
that belong to the lowest
caste A caste is a Essentialism, fixed social group into which an individual is born within a particular system of social stratification: a caste system. Within such a system, individuals are expected to marry exclusively within the same caste (en ...
of social hierarchy. A Gallup poll in June 2024 nominated Nepal as "one of the most gay-friendly" countries in the world. 87% of surveyed Nepalese allegedly assessed that their country was a "good place to live for gay people", 10% disagreed, surpassing countries such as
Bangladesh Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by ...
(where 73% thought so) and
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
(where 43% thought so).


Living conditions


Society

While 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 ostracize anyone failing to conform. These norms may stigmatize any LGBT Nepalis who choose to operate outside of the gender roles, but affect LGBT women in particular, as women, more than men, are expected to conform to societal expectations. However,
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
organizations like the
Blue Diamond Society The Blue Diamond Society (BDS; Nepali: नील हीरा समाज) is an LGBT rights organization in Nepal. It was established in 2001 to advocate for change in the existing laws against homosexuality and to advocate for the rights of N ...
, established in 2001, seek to represent LGBT people in Nepal politically and provide assistance with sexual health in the community. A drop-in centre with free
HIV The human immunodeficiency viruses (HIV) are two species of '' Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the im ...
testing exists in
Kathmandu Kathmandu () is the capital and largest city of Nepal, situated in the central part of the country within the Kathmandu Valley. As per the 2021 Nepal census, it has a population of 845,767 residing in 105,649 households, with approximately 4 mi ...
along with more than 50 different branches of the organization across the country. Other organizations such as Mitini Nepal, Parichaya Samaj and Sahaayam 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. 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 recognized. In recent years, the event has attracted about 1,500 people. It purposefully coincides with the
Gai Jatra Gai Jatra (), also known by its endonym Sa Paru (Nepal Bhasa: ), is a Nepalese festival celebrated mainly in the Kathmandu valley by the Newar people. The festival is celebrated in honour of their immediate relatives who have died during the pre ...
festival, one of the oldest festivals celebrated in the
Kathmandu Valley The Kathmandu Valley (), also known as the Nepal Valley or Nepa Valley (, Newar language, Nepal Bhasa: 𑐣𑐾𑐥𑐵𑑅 𑐐𑐵𑑅, नेपाः गाः), National Capital Area, is a bowl-shaped valley located in the Himalayas, Hima ...
. A report in ''
The Diplomat A diplomat is someone who represents a government in its relations with other governments. It may also refer to: Diplomat, the Diplomat or the Diplomats may refer to: Media * ''The Diplomat'' (magazine), a Washington, D.C. online foreign affa ...
'' warns that President Donald Trump’s 20 January 2025 executive order to freeze foreign aid for 90 days — had a devastating effect on Nepal’s LGBTQ community. The directive threatens the more than a dozen LGBTQ groups that work in Nepal and could cost more than 1,500 community members their jobs. A former minister and influential leader of the ruling Communist Party of Nepal-United Marxist Leninist, who spoke to ''The Diplomat'' on condition of anonymity, said that “
USAID The United States Agency for International Development (USAID) is an agency of the United States government that has been responsible for administering civilian United States foreign aid, foreign aid and development assistance. Established in 19 ...
had invested huge sums of money in news media and the supreme court, and created outsize influence in poor, aid-hungry remittance-run Nepal.”


Violence

LGBT people continue to face discrimination, hate speech, and violence. They also continue to be subjected to 
slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
 and slavery-like practices. The exploitation and illegal
castration Castration is any action, surgery, surgical, chemical substance, chemical, or otherwise, by which a male loses use of the testicles: the male gonad. Surgical castration is bilateral orchiectomy (excision of both testicles), while chemical cas ...
of boys with feminine characteristics remains unresolved. Gender-based violence against transgender people is a severe issue in Nepal where they often find themselves susceptible to both public and domestic violence, 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. Likewise, results derived from
INSEC INSEC ( Nepali: ईन्सेक), which stands forInformal Sector Service Centre is one of key non-government human rights organizations working for the promotion of human rights in Nepal. It also runs the human rights news portalINSEC Online Hu ...
's monitoring of the situation indicated that subjugating women to domestic violence was considered a deep-rooted traditional practice. 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. As Nepal is one of the least developed countries in the world, many Nepali LGBT people seek opportunities for employment in countries that criminalize same-sex relationships, including
Malaysia Malaysia is a country in Southeast Asia. Featuring the Tanjung Piai, southernmost point of continental Eurasia, it is a federation, federal constitutional monarchy consisting of States and federal territories of Malaysia, 13 states and thre ...
,
Brunei Brunei, officially Brunei Darussalam, is a country in Southeast Asia, situated on the northern coast of the island of Borneo. Apart from its coastline on the South China Sea, it is completely surrounded by the Malaysian state of Sarawak, with ...
,
Kuwait Kuwait, officially the State of Kuwait, is a country in West Asia and the geopolitical region known as the Middle East. It is situated in the northern edge of the Arabian Peninsula at the head of the Persian Gulf, bordering Iraq to Iraq–Kuwait ...
and
Qatar Qatar, officially the State of Qatar, is a country in West Asia. It occupies the Geography of Qatar, Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it shares Qatar–Saudi Arabia border, its sole land b ...
. Sunil Babu Pant says that the government should at least inform sexual and gender minority workers about the legal risks in these countries. "People have been jailed in countries like Malaysia and Qatar just for being homosexual. Many such incidents exist, no one cares. Send them to gay friendly countries like Israel or South Korea instead" Pant suggested.


Education

The
United Nations Development Programme The United Nations Development Programme (UNDP) is a United Nations agency tasked with helping countries eliminate poverty and achieve sustainable economic growth and human development. The UNDP emphasizes on developing local capacity towar ...
has recommended that Nepal incorporate these ideals into the education system to ensure inclusive and equitable quality education: * Require all schools and other education providers to adopt anti-bullying policies to protect LGBTI students, and ensure teachers receive training on how to respond to homophobic and transphobic bullying. * Integrate education on sexual orientation, gender identity, gender expression, and intersex status into school curricula in age-appropriate ways. * Provide non-discriminatory sex education to address taboos surrounding adolescent sexuality, sexual orientation, gender identity, and gender expression and provide adolescents with access to accurate information about the diversity of sexualities, gender identities, and sex variations. * Recognize the right of students to freedom of gender expression in the school environment. Students should be allowed to wear uniforms and express an appearance that corresponds to the gender with which they identify. * Provide all students, including transgender and intersex students, with access to safe toilets and bathroom facilities. * Develop policies and practices to support transgender students who transition while at school, including by ensuring their rights to privacy, dignity, and respect, and enabling their name and
sex or gender Sex is the biological trait that determines whether a sexually reproducing organism produces male or female gametes. During sexual reproduction, a male and a female gamete fuse to form a zygote, which develops into an offspring that inheri ...
details to be amended on school records. * Provide educational resources for parents of LGBTI children 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 Mongolia is a landlocked country in East Asia, bordered by Russia to the north and China to the south and southeast. It covers an area of , with a population of 3.5 million, making it the world's List of countries and dependencies by po ...
, to implement this. 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." Furthermore, transgender Nepalis face severe gender-based violence and are unable to receive a proper education, especially in rural areas.


Politics

There has been an increased level of participation in the political arena by openly LGBTI politicians such as
Sunil Babu Pant Sunil Babu Pant (; born 28 June 1971) is a Nepali human rights activist, monk, and former politician who served as a member of the Nepalese Constituent Assembly between 2008 and 2013. Pant's campaigning for LGBT rights led to the Supreme Court ...
, the first openly gay parliamentarian in Asia. Pant served in the
Federal Parliament The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the monarch of Australia (represented by the governor ...
from 2008 to 2012. The Communist Party of Nepal-Maoist made several
homophobic Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who identify or are perceived as being lesbian, Gay men, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred, or ant ...
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."Human Rights Watch: "Nepal: Maoists Should End Anti-Gay Violence"
, 16 April 2007
However, since 2008, with the end of the insurgency and the beginning of a
multi-party In political science, a multi-party system is a political system where more than two meaningfully-distinct political parties regularly run for office and win elections. Multi-party systems tend to be more common in countries using proportional r ...
democracy, the Maoist Party has supported LGBT rights. On 30 October 2024, Aamul Paribartan Nagarik Party held a protest rally in
Maitighar ''Maitighar'' ( Maternal home) is a 1966 Nepali film directed by B.S. Thapa. It was the third Nepali film produced and the first featured film under a private banner. This film features bollywood actress Mala Sinha in the lead role with Nepali a ...
opposing homosexuality and LGBTQ rights. Sarita KC, executive director of Mitini Nepal, stated that “in Nepal and South Asia, anti-LGBTQ sentiments are gaining momentum”.


Health

The
HIV/AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...
epidemic affects LGBTI Nepalis across the board. 2009 estimates showed that about 3.8% of
men who have sex with men Men who have sex with men (MSM) are men who engage in sexual activity with other men, regardless of their sexual orientation or sexual identity. The term was created by epidemiologists in the 1990s, to better study and communicate the spre ...
(MSM) in Nepal were HIV-positive; an increase from 3.3% in 2007. In 2007, MSM in Nepal were 9.2 times more likely to acquire HIV infection than heterosexuals, notably lower than neighboring
China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
(45 times more likely) or
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
(17.6 times more likely). 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. COVID-19 is thought to have had an impact on the mental health of LGBT; "27.1 per cent said they suffered excessive stress, while 21.6 per cent said they became short-tempered and 13.4 said they suffered from depression".
Hormone replacement therapy Hormone replacement therapy (HRT), also known as menopausal hormone therapy or postmenopausal hormone therapy, is a form of hormone therapy used to treat symptoms associated with female menopause. Effects of menopause can include symptoms such ...
and
sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics to resemble those associated with their gender identity. The phrase is most often associat ...
are technically not available in Nepal, though some doctors may perform such procedures. However, they are reported to be "costly". Hormone replacement drugs cost 4,500
rupees Rupee (, ) is the common name for the currencies of India, Mauritius, Nepal, Pakistan, Seychelles, and Sri Lanka, and of former currencies of Afghanistan, Bahrain, Kuwait, Oman, the United Arab Emirates (as the Gulf rupee), British East Afr ...
for a six-month period. Many Nepali transgender people go to Thailand or India to undergo reassignment surgery. With no clear legal framework for gender reassignment procedures, transgender people are forced to travel to India for expensive and unhygienic surgeries, facing physical, psychological, and legal challenges.


Tourism

The Nepal Tourism Board has plans to promote Nepal as an LGBT-friendly tourist destination. An LGBT tourism conference was held in February 2010. Sensitivity trainings were also conducted in selected catering and hospitality venues.


Popular culture and media representation

The representation of LGBT community in Nepali mainstream media is minimal. Historically, the portrayal of people of sexual and gender minorities had been in negative connotation or as a comic relief in films and television show. The queer representation have always been caricatures of transgender people, gay people, and lesbians and stereotypical. However, there have been some positive and realistic depictions in recent times. ''
Highway A highway is any public or private road or other public way on land. It includes not just major roads, but also other public roads and rights of way. In the United States, it is also used as an equivalent term to controlled-access highway, or ...
'', a 2012 film by
Deepak Rauniyar Deepak Rauniyar (; born on 29 August 1978) is a Nepalese director, writer and producer. He is one of the few internationally acclaimed cinema directors from Nepal. He rose to prominence in 2012 as the director of ''Highway'', the first Nepali mo ...
, featured a gay character and a transgender character who is a victim of sexual violence. '' Soongava: Dance of the Orchids'', a 2012 movie was about a lesbian relationship. Actresses Diya Maskey and Nisha Adhikari played the lead roles. The film was also selected as the Nepalese entry for the Best Foreign Language Film at the
86th Academy Awards The 86th Academy Awards ceremony, presented by the Academy of Motion Picture Arts and Sciences (AMPAS), honored the best 2013 in film, films of 2013 and took place on March 2, 2014, at the Dolby Theatre in Hollywood, Los Angeles, beginning at 5: ...
, but it was not nominated. However, the film has been criticized for its story and cishet male gaze. ''
Singha Durbar Singha Durbar () is a palace in Kathmandu, the capital of Nepal. The palace complex lies in the centre of Kathmandu, to the north of Babar Mahal and Thapathali Durbar and east of Bhadrakali Temple (Kathmandu), Bhadrakali Temple. This palace wa ...
'', a 2016 fictional television series by Tsering Rhitar Sherpa about first female prime minister featured a gay character, Bishwa Bishwokarma, press secretary to the PM played by Praween Khatiwada. The television show was broadcast on
Nepal Television Nepal Television (), shortened to NTV is the Nepali national Public broadcasting, public state-controlled television broadcaster. It's accessible in four languages. It is the oldest and most watched television channel in Nepal. The news broadcas ...
, the state broadcaster of Nepal. The series was supported by
USAID The United States Agency for International Development (USAID) is an agency of the United States government that has been responsible for administering civilian United States foreign aid, foreign aid and development assistance. Established in 19 ...
.
Prabal Gurung Prabal Gurung () (born 1974) is a Nepalese American fashion designer based in New York City. He launched his own eponymous label in 2009. Since 2017, he has also been the creative director for Japanese jewelry house Tasaki. Gurung is a co-founde ...
, a Nepali American fashion designer, is openly gay. Gurung has designed for popular media icons and personalities such as
Michelle Obama Michelle LaVaughn Robinson Obama ( Robinson; born January 17, 1964) is an American attorney and author who served as the first lady of the United States from 2009 to 2017, being married to Barack Obama, the 44th president of the United Stat ...
,
Catherine, Duchess of Cambridge Catherine, Princess of Wales (born Catherine Elizabeth Middleton; 9 January 1982), is a member of the British royal family. She is married to William, Prince of Wales, heir apparent to the British throne. Born in Reading, Berkshire, Readi ...
, and
Oprah Winfrey Oprah Gail Winfrey (; born Orpah Gail Winfrey; January 29, 1954) is an American television presenter, talk show host, television producer, actress, author, and media proprietor. She is best known for her talk show, ''The Oprah Winfrey Show' ...
. '' Between Queens and the Cities'', the first queer memoir from Nepal by Niranjan Kunwar was published on 5 December 2020. The book chronicles the life of the author as a gay man in different cities such as New York and Kathmandu. The book also shows the struggles of a gay man in Nepali society. In June 2021, an art exhibition with LGBTIQ theme, ''Queer — A celebration of art and activism'' was organized in Kaalo.101, an art space based in Patan. The exhibition featured arts primarily from Nepal alongside other countries such as Pakistan, Malaysia, Indonesia and Bangladesh.


Notable LGBT organizations, figures and events in Nepal


Organizations

* Federation for Sexual and Gender Minorities Nepal (FSGMN) *
Blue Diamond Society The Blue Diamond Society (BDS; Nepali: नील हीरा समाज) is an LGBT rights organization in Nepal. It was established in 2001 to advocate for change in the existing laws against homosexuality and to advocate for the rights of N ...
* Peoples Independent Supreme Community * Mitini Nepal * Queer Youth Group


Figures

* Anjali Lama, a transgender model * Ramraja Shrestha, activist and whistleblower in LGBTQIA matters * Suman Pant, whose Supreme Court case established a precedent for same-sex spousal visas *
Sunil Babu Pant Sunil Babu Pant (; born 28 June 1971) is a Nepali human rights activist, monk, and former politician who served as a member of the Nepalese Constituent Assembly between 2008 and 2013. Pant's campaigning for LGBT rights led to the Supreme Court ...
, the first openly gay legislator in Nepal *
Bhumika Shrestha Bhumika Shrestha (Nepali: भूमिका श्रेष्ठ, born January 11, 1988, in Kathmandu, Nepal) is a Nepalese activist and actress. Shrestha is a third gender activist and is currently working with the Blue Diamond Society. Pe ...
, a "third gender" advocate *Bhakti Shah, a Nepali LGBTI activist


Events

Several LGBT-related events are held in Nepal. These include the main Nepal POMSOGIESC (People of Marginalized Sexual Orientation, Gender Identity and Sex Characteristics) Pride Parade, known as Nepal Pride Parade in short, is held on the second Saturday of June since 2019. Similarly, Queer Womxn Pride is held every year along with mainstream women's rights rally on
International Women's Day International Women's Day (IWD) is celebrated on 8 March, commemorating women's fight for equality and liberation along with the women's rights movement. International Women's Day gives focus to issues such as gender equality, reproductive righ ...
since 2019, an Queer Indigenous Pride held every year along mainstream indigenous rights rally on
International Day of the World's Indigenous Peoples The International Day of the World's Indigenous Peoples is observed on 9 August each year to raise awareness and protect the rights of the world's indigenous population. This event also recognizes the achievements and contributions that indi ...
since 2019. Since 2020, a Trans Pride Parade is also observed on the Saturday after 17 December. International events such as
International Transgender Day of Visibility International Transgender Day of Visibility, often simply Trans Day of Visibility (often shortened online as TDOV), is an annual event dedicated to celebrating transgender people raising awareness of discrimination faced by transgender people, ...
,
National Coming Out Day National Coming Out Day (NCOD) is an annual LGBT awareness day observed on October 11 to support anyone "coming out of the closet". First celebrated in the United States in 1988, the initial idea was grounded in the feminist and gay liberation s ...
,
Transgender Day of Remembrance The Transgender Day of Remembrance (TDoR), also known as the International Transgender Day of Remembrance, has been observed annually from its inception on November 20 to memorialize those who have been murdered as a result of transphobia. The ...
, and
International Day Against Homophobia, Transphobia and Biphobia The International Day Against Homophobia, Biphobia and Transphobia (IDAHOBIT) is observed on 17 May and aims to coordinate international events that raise awareness of LGBTQ rights violations and stimulate interest in LGBTQ rights work worldwid ...
are also observed. Several smaller events include
Asexual Awareness Week Asexuality is the lack of sexual attraction to others, or low or absent interest in or desire for sexual activity. It may be considered a sexual orientation or the lack thereof. It may also be categorized more widely, to include a broad s ...
(Last week of October),
Celebrate Bisexuality Day Celebrate Bisexuality Day (also called Bisexual Pride Day, Bi Visibility Day, CBD, Bisexual Pride and Bi Visibility Day, and Bisexuality+ Day) is observed annually on September 23 to recognize and celebrate bisexual people, the bisexual commun ...
(23 September), an awareness day for '' hijras'' (17 April) and
Intersex Awareness Day Intersex Awareness Day is an internationally observed awareness day each October 26, designed to highlight human rights issues faced by intersex people. History The event marks the first public demonstration by intersex people in North America ...
(26 October).


Summary table


See also

*
Intersex rights in Nepal In 2015, Nepal introduced Constitution of Nepal, constitutional recognition for "gender and sexual minorities". Despite this, the rights situation of intersex people in Nepal is unclear. Local activists have identified human rights violations, in ...
*
LGBT rights in Asia Laws governing lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are complex in Asia, and acceptance of LGBTQ people varies. Same-sex sexual activity is outlawed in twenty-one Asian countries. In Afghanistan, Brunei, Iran, Qatar, Sa ...
*
Recognition of same-sex unions in Nepal Same-sex marriage has been provisionally recognised in Nepal since 24 April 2024, though same-sex couples are unable to access the rights and benefits of marriage. On 28 June 2023, Supreme Court of Nepal, Supreme Court Justice Til Prasad Shrestha ...
*
National LGBTI Day (Nepal) National LGBTI Day or National Gender and Sexual Minorities' Day is an annual celebration of LGBTIs in Nepal Nepal, officially the Federal Democratic Republic of Nepal, is a landlocked country in South Asia. It is mainly situated in the H ...
*
Human rights in Nepal In 2022, Freedom House rated Nepal's human rights at 57 out 100, determining the country's status in terms of fundamental freedoms as "partly free". Overview A clash between the Nepalese government forces and the Communist Party of Nepal (CPN- ...
*
Witch-hunts in Nepal Witch hunts are still occurring in Nepal in the twenty-first century, and the persecution of marginalised individuals of the community, especially women, still persists. Witchcraft is believed to be the exercise of supernatural powers by witches ...


References


External links


Globalgayz.com Nepal – Interview with Sunil Pant
{{DEFAULTSORT:LGBTQ Rights in Nepal Law of Nepal