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Surendra Pandey (L), a man and Maya Gurung, a transgender woman - first same-sex couple to marry in Nepal.

Picture by: Surendra Pandey

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LGBTQ+ community face enormous challenges in Nepal, despite reforms

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Binita Nepali in Kathmandu, Nepal

16-year-old Binita Nepali interviews prominent activists about LGBTQ+ rights in Nepal during Pride Month

The LGBTQ+ community in Nepal has become more visible in recent years, particularly among young people, after the country’s Supreme Court validated marriage equality for same-sex and transgender couples in 2023. People have begun to proudly come out in public, often using social media to express their true identities.

Nepal has long been a leader in rights for LGBTQ+ people. It was the first south Asian country to pass laws preventing discrimination on the basis of sexual orientation, in 2007, when a third gender was officially recognised alongside male and female categories.

An LGBTQ+ community category for citizenship documents was introduced in 2013, and Nepal began issuing third-gender passports, under the category ‘O’ for ‘other’, in 2015.

However, although many such laws have been enacted in Nepal, their implementation is still extremely weak, leading to unhappy lives. LGBTQ+ people still experience discrimination in all areas: they feel isolated from society; they are jobless because they did not receive a proper education; and they are often shunned by their families. The authorities do not provide easy access to recognition and documentation.

In addition, recent cuts in USAID funding has had a negative impact on LGBTQ+ organisations and projects.

Following these recent developments, Harbingers’ Magazine interviewed prominent individuals within the LGBTQ+ community. They agree that despite numerous reforms, sexual and gender minorities continue to face enormous challenges.

Former politician Sunil Babu Pant, who was the first openly gay member of parliament, said that gender and sexual minorities (GSM/LGBTIQ+) continue to face discrimination, violence and a lack of comprehensive legal recognition, despite constitutional protections.

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  • Sunil Babu Pant, the first openly gay member of parliament in Nepal.

    Picture by: Bal Krishna Sah

  • “Marriage equality is still awaiting full legal recognition despite Supreme Court directives,” he told Harbingers’. He said the government must fully implement the 2007 decision recognising a third gender and ensure that all levels of government follow it.

    “The government must ensure equal and non-discriminatory access to citizenship, marriage, healthcare, education and employment services for all GSM individuals, including nonbinary and intersex people, and repeal or amend any existing laws that discriminate against gender and sexual minorities,” said Pant.

    Pant – who is also the founder of the Blue Diamond Society, Nepal’s first LGBTQ rights organisation – stated that “many third-gender and nonbinary people continue to face bureaucratic barriers in obtaining or changing citizenship documents, particularly when attempting to identify outside of the binary male/female framework.”

    He added that the authorities should pass inclusive electoral laws and civil service reforms to provide quotas for GSM individuals in political representation and public service.

    Surendra Pandey and his partner, Mx Maya Gurung, a transgender woman, were the first LGBTQ+ couple to marryin south Asia.

    According to Pandey, the drastic reduction in USAID funding implemented by the Trump administration has had a significant impact on Nepal’s LGBTQ communities. Twenty dedicated sexual health clinics for LGBTQ+ people across the country have closed, and many GSM organisations have shut down due to a lack of funding.

    In addition, the US embassy’s funding for the Pride Month festival and parade, which takes place every June, was suspended this year.

    However, Pandey emphasised that while some may be saddened by the loss of funding, this change also represents an opportunity. Those celebrations were often based on Western forms of resistance and visibility, which did not always resonate with Nepal’s cultural context.

    “We will now honour and celebrate gender diversity in our own way, through our distinct cultures, traditions and festivals. This change is not a step back, but rather an opportunity to rise up and move forward in our own way,” he said.

    “We will continue to resist, celebrate, and live more strongly – rooted in our own identity, culture and values.”

    Written by:

    author_bio

    Binita Nepali

    Contributor

    Kathmandu, Nepal

    Born in 2009 in Bajura, Binita Nepali studies in Budhanilkantha, Kathmandu, Nepal. She is interested in writing, teaching, singing and journalism and plans to study journalism in the future. She is part of our Nepali Newsroom’sIntermediate group and writes about social issues and human rights.

    In her free time, Binita enjoys watching movies, dramas, dancing and singing. She is the first girl in her class and has contested in various activities such as quiz competition and games and has won prizes and awards.

    Binita Speaks Nepali, English and Hindi languages.

    LGBTQ+ rights

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