Nepal was once a nation that condemned homosexual relations, with an army officer Bhakti Shah being fired from her job in 2007 when officers suspected her relationship with another woman. But with the promulgation of the new constitution, now Nepal has become one of the few nations in the world to ensure rights of this minority group in the state document."It is a tremendous leap for our group to be recognized by the constitution of the nation," said Bhumika Shrestha, a transgender activist. Shrestha who only recently acquired her citizenship under the 'other' category acknowledged that in guaranteeing rights to citizenship and equality, the state had shown its support for their cause.
"The provision for citizenship, equal rights as well as our recognition as a minority group may seem marginal. But in the bigger picture, this has strengthened our stance and added a new milestone to our struggle," added Shrestha.
Activists of the LGBTI community are positive about the new laws broadening their horizons. With the new constitution guaranteeing their right to equality, individuals can now counter the shelving attitude of the society, having the law at their disposal.
"Previously it used to be difficult for us to demand justice because of the disapproving attitude of both the society and the law," explained Shrestha, "But now, at least the constitution will be there to back us."
Nepal has been a fore runner in the conservative South Asia in addressing LGBTI issues and supporting their cause. But guaranteeing fundamental rights of citizenship and equality is not going to be the pit stop for the cause of this minority group.
"This is a rudimentary step taken by the nation and it has been an encouraging one," opined Laxmi Ghalan of Mitini Nepal. She explained of how the constitution had missed to address provisions concerning property rights and guaranteeing social security to spouses of same sex marriage.
According to her, with no property rights being ensured, couples of same sex marriages were facing unnecessary pressure from families.
"We can't pass on our property as well as the hard-earned money to our spouses. In my absence, my family can still come and claim my earnings which will leave my partner without a dime to her name," elaborated Ghalan.
She also spoke of how provisions to ease the adoption process for these couples had still not been touched by the state document. "Like many parties of the nation, we too are dissatisfied with handful of things," she said, adding, "But then again, we are looking at it on a positive light and will be working to get the necessary amendments in the future."
Shrestha agrees that the new constitution has indeed become a beacon of light for the plight of the LGBTI community in finding their grounds in the still prejudiced society. "Now truly every member of the society, no matter their sexual orientation or preference, can find a sanctuary in the national constitution. And in this the constitution of nation has succeeded in becoming more inclusive of its citizens and has gained a small yet significant affirmation," she said.
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