Nepal: Marriage provision under new civil code of is unconstitutional

Kathmandu (Pahichan) August 23 – Nepal’s constitution- 2015 guarantees equality, freedom and rights of LGBTI people of Nepal with following articles:

Article 12 (related to citizenship) of the new constitution states that people have the right to have citizenship ID that reflects their gender identity.

Article 18 (Right to Equality) covers rights to equality and states that the State will not ‘discriminate against any citizens based on origin, religion, race, caste, tribe, gender, language or ideological conviction or likely any other status.’

Article 18 also lists ‘Gender and Sexual Minority people’ among disadvantaged groups that are recognized by the constitution.

‘Nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of socially and culturally disadvantaged women, Dalits, indigenous peoples, tribes, Madhesi, Tharu, Muslim, ethnic minorities, backward classes, minorities, marginalized, farmers, workers, youth, children, senior citizens, gender and sexual minorities, handicapped persons, pregnant persons, disabled or helpless, people of backward regions and economically disadvantaged citizens,’ the new constitution states.

Article 18 also replaces language in the old constitution that references ‘male and female’ and ‘son or daughter’ with gender neutral terminology.

Article 42 (Social Justice) of the new constitution lists ‘gender and sexual minorities,’ among groups that will have right to participate in state mechanisms and public services based on the ‘principle of inclusion.’

 However, disappointingly, the newly applied ‘civil code-2017’ not only takes away the constitutional rights but also makes the communities more vulnerable to violence, increases the family and social pressures into heterosexual marriage and forces to lead a life based on ‘a lie’. Read more via Pahichan