11/17/2008
Nepal Vaults Ahead of U.S. in LGBT Rights in Historic Court Ruling
The Nepali Supreme Court issued a ruling today granting protections and rights for sexual and gender minorities. Four gay rights groups reportedly filed petitions through the court and it ruled today.
UK Gay News via the Victory Fund, here are the decision's main points:
"In relation to this matter, directive order has been issued to the Government of Nepal to enact new laws and amend all existing discriminatory laws so that all individuals with different sexual orientations and gender identities can exercise equal rights like any other citizens of Nepal."
"A seven-member committee to be formed by the government of Nepal to study the different same sex partnership/marriage bill/act in other countries and recommend the government to make same sex marriage/partnership act. Based on the recommendation of this committee, the government must introduce a same sex partnership/marriage act."
"The decision also addressed 'cross dressing saying can’t be taken as 'pollution' but should be taken as individual’s freedom of expression."
"All LGBTI must be defined as 'natural persons' 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."
Sunil Pant, the founder of Nepal's gay activist group Blue Diamond Society, who was recently sworn in as the country's first openly gay member of Parliament, said "Reading this decision my eyes were filled with tears and I felt we are the most proud LGBTI citizens of Nepal in the world. It is the most beautiful news."
Pant will appear in Washington D.C. at the 2008 International Gay & Lesbian Leadership Conference.
Tears of Joy for Nepali Gays, Transgender Persons over Supreme Court Decision [uk gay news]
Sphere: Related ContentPosted 10:55 AM EST by Andy in Gay Marriage, Gay Rights, Nepal, News, Sunil Pant | Permalink
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I don't think we'll see much momentum on gay issues in the Middle East and Africa beyond what has already happened in Israel and South Africa. However, Latin America and the Asia-Pacific region are another matter. I think the gay rights movement of the 21st century will be fought in these two areas of the world.
Aside from this great ruling in Nepal, we've seen some encouraging signs Asians are finally willing to talk about sexuality:
In 2007, Taiwan enacted the first national ENDA in that region of the world. Proposals to legalize same-sex marriage or civil union have been tabled by the government.
In Hong Kong, previously closeted gays are now demanding the same rights that have been granted to their counterparts in Taiwan.
And even repressive Mainland China has repealed their sodomy law, as well as tentatively allowed some gay bars to open in larger cities like Shanghai and Beijing. As the PRC becomes more prosperous and modern, I would expect to see more movement here.
In Thailand, the military lifted a ban on gay soldiers in 2005. Homosexuality has also been removed from the list of mental disorders. Although the ruling class has been, thus far, unwilling to consider bringing in legislation to legalize same-sex unions.
Although the authoritarian regime in Singapore refused to scrap their offensive sodomy law in 2007, this decision caused far more dissent in civil society and press coverage than one might suspect. I think the people are actually in front of the government on this. And they're going to have to revisit the issue sooner or later.
In India, the Delhi High Court will almost certainly nullify that country's sodomy law next year. Based on the judges' highly skeptical questioning of the government's assertion that gays are evil, I think it is clear they just don't buy it anymore. And Bollywood has been larely supportive of reform.
Posted by: John in CA | Nov 17, 2008 11:30:05 AM
CONGRATS TO NEPAL - AND TO SUNIL PANT, A TRUE HERO!
So now the U.S. "The Free-est Country in the World (TM)" is behind what, Canada, Spain, the U.K. South Africa, Norway, Andorra, Colombia, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary (unregistered co-habitation since 1996; registered partnership from 2009), Iceland, Israel, Luxembourg, New Zealand, Portugal, Slovenia, Sweden, Switzerland, the United Kingdom and Uruguay... and Nepal.
Posted by: Strepsi | Nov 17, 2008 1:53:51 PM
the hindu religion is less oppressive in nature so this really is no big surprise. Most of the other countries that are western religion base is always more difficult. Gay rights will always be a religious one. Not a culture one.
Posted by: david | Nov 17, 2008 2:07:43 PM
Sunil Pant seems to be such an inspiratonal man - thanks for covering his activities Andy, I'd never have heard of him if it wasn't for Towleroad.
Posted by: Chris | Nov 17, 2008 2:12:23 PM
Nepal you did the right thing. Congrats to all the gay, lesbian, transgendered people in Nepal!
Posted by: Bill | Nov 17, 2008 5:40:05 PM