Nepalese gays, transsexuals win legal battle for recognition

Dec 22, 2007, 4:10 GMT

Kathmandu - Representatives of the gay community on Saturday greeted a decision by Nepal's Supreme Court that directed the government to formulate laws for legal recognition of sexual minorities.

The laws are to stop discrimination against them, according to the court ruling which was made on Friday. The Blue Diamond Society that represents thousands of sexual minorities said the verdict was a victory for the community.

'The court has taken a major step to protect the rights of sexual minorities,' Sunil Babu Pant of the society said. 'The government must provide sexual minorities with the documents they prefer on their identities.'

The landmark court order came on Friday during hearings on a petition demanding legal status for Nepal's small but vocal gay and transsexual community.

'Lesbian, gays, bisexuals and transsexuals are natural persons and should be allowed to enjoy all the rights defined by the national human rights laws and the constitution,' the Supreme Court said.

'It is the duty of the state to create an environment for the enjoyment of rights by sexual minorities,' the Supreme Court order said. 'It should not be assumed that they cannot enjoy the rights because of their sexual orientation.'

The court also directed the government to amend the existing laws which discriminate against gays, lesbians and transsexuals.

However, Nepal's Supreme Court said it needed more time to study the demands for same-sex marriage.

The gay and transsexual community has been fighting for legal recognition for several years.

According to the Blue Diamond Society, nearly 80,000 people are affiliated with the organisations and claims about 10 per cent of Nepal's 28 million people could be classified as sexual minorities.