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December 23, 2007

NEPAL: Supreme court rules for gay rights

The Supreme Court of Nepal, for the first time, has issued orders to the government to scrap any laws that discriminate against homosexuals.

Although there is no official criminalization of homosexuality in this Himalayan nation, the government defined "unnatural sex" carries a one year sentence in prison.

Nepali homosexuals have suffered discrimination from the government as well as the Maoists during their decade-long insurgency. Reports of harassment by the Armed Police Force and the Maoist militia had become international news in the past couple of years.

In an article in the Gay City News in April 2007, Doug Ireland wrote that Nepal's LGBTs - including many metis, or cross-dressing and transgendered males - are targets of violence and persecution by country's Maoists. Read the full story here.

From a press release sent by Sunil Babu Pant, the president of Blue Diamond Society, which campaigns for Nepal's sexual minorities:

We, all LGBTI Nepalese, are extremely happy and proud on Supreme Court whose decision is extremely progressive on such a difficult issue for our society, especially on the matter of gender identity to the possible extinct. This is the first time ever any Supreme Court has spoken such a positive manner on gender identity issues ever on the world.

Although there has not been any formal rulings on same sex marriage, his press release also said:

On the issue of same sex marriage, The Court has also issued directive order to form a 7 member committee (Doctor appointed by Health Ministry, one representative from National Human rights commission, law Ministry, socialist appointed by government of Nepal, representative from Nepal police, representative from Ministry of population and environment and one advocate as a representative from the LGBTI community) to conduct study about the other countries'/international practice on the same sex marriage. Based on the 7 member committee recommendation government will make appropriate law.

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