The Indian Supreme Court decision referenced Pant versus Nepal, a 2007 Nepal Supreme Court decision, several times. That case led to a similar outcome in Nepal – an expression of dignity and equality before the law from the highest court to LGBT communities has been a boon for achieving tangible progress. Not so in Sri Lanka. In 2016, Human Rights Watch released a report on the abuses the LGBT community faces in Sri Lanka, based on extensive interviews with LGBT people as well as with members of medical and other professional groups. Sri Lanka has near identical provisions to India’s in the criminal code, Sections 365 and 365A, which also criminalize same-sex conduct.
The law prohibits discrimination based on race, caste, gender, disability, language, and social status, but the government did not effectively enforce these prohibitions. Despite passage of the Caste Discrimination and Untouchability Act in 2011, a rigid caste system continued to operate throughout the country in many areas of... Expand
The law prohibits discrimination based on race, caste, gender, disability, language, and social status, but the government did not effectively enforce these prohibitions. Despite passage of the Caste Discrimination and Untouchability Act in 2011, a rigid caste system continued to operate throughout the country in many areas of religious, professional, and daily life. Societal discrimination against lower castes, women, and persons with disabilities remained common, especially in rural areas. Human trafficking persisted.
No laws specifically criminalize same-sex sexual activity, and lesbian, gay, bisexual, and transgender (LGBT) persons actively and openly advocated for their rights. LGBT activists continued to press for protections for sexual minorities in the new constitution.
In 2007 the Supreme Court directed the government to enact laws to protect LGBT persons’ fundamental rights, enable third-gender citizenship, and amend laws that were sexually discriminatory. Implementation of the 2007 decision was initially slow. In 2013 the Home Ministry started issuing citizenship certificates with an “others” gender category for those applying for citizenship. In April the Ministry of Women, Children, and Social Welfare assigned an official to be the focal person for sexual and general minorities. According to Blue Diamond Society (BDS), a local LGBT advocacy NGO, the government did not provide equal opportunity to LGBT persons in employment, education, and health care.
Government authorities and private citizens reportedly harassed and abused LGBT persons, and the Nepal Police HRC documented two such incidents during the year, a decline from 2013. According to BDS, harassment of LGBT persons was common. BDS also stated the police targeted transgender sex workers, subjecting them to 25 days’ detention without charge. The Nepal Police HRC confirmed that some low-level harassment occurred because many citizens held negative views of LGBT persons, and the Nepal Police were not immune to such social perceptions. The Nepal Police HRC conducted LGBT rights training and worked closely with the LGBT community to minimize and prevent such harassment.
Source: U.S. Department of State's  Human Rights ReportContract
A gay asylum seeker has said a pilot “saved his life” by refusing to fly him back to Nepal. On Sunday (August 5), Jagat was meant to be deported back to his home country – where he was outed in a national newspaper – despite his mother having threatened that she would “cut you into pieces” if he came back. PinkNews revealed in January that of the 1,436 people who attempted to claim asylum relating to sexual orientation between 1 October 2015 and 30 September 2016, just 289 applications were granted. Jagat, who has started a relationship with a man while studying in the UK, shouted and cried on the runway – and when the Jet Airways plane to Mumbai left, he was no longer on board, GSN has reported.
On International Day Against Homophobia and Transphobia (IDAHO-T) (May 17), the International Commission of Jurists has called for an end to criminalisation of lesbian, gay, bisexual, transgender and intersex (LGBTI) communities and to respect, protect and fulfill the full range of their human rights. The Commission has observed that discriminatory laws across South Asia have enabled socially constructed gender and sexual norms to intimidate and even threaten violence against LGBTI persons. In a statement, the jurists have urged South Asian states to repeal discriminatory laws against LGBTI persons. The statement reasoned that under international human rights law, the principle of non-discrimination includes the right to determine one’s sexuality, sexual orientation, and gender identity and gender expression.
A few days ago, one of my friends, who is a woman, told me that her boss was harassing her at the office. Normally, when we hear about workplace harassment, what comes to our minds is sexual harassment. But her case was different. Her female boss had been driving her unfairly hard, keeping her away from office meetings, holding back important information and telling on her to the chief. This was causing her psychological pain. She said she couldn’t complain because her boss and the office head were very close, and she might lose her job if she did so. Therefore, she has chosen to suffer in silence. It’s not only women, low-caste people and people with disabilities who are suffering workplace harassment. People who identify themselves as lesbian, gay, bisexual or transgender (LGBT) are given a hard time too. One common form of workplace harassment for the LGBT community is having to hide their sexuality in a heterosexist environment.
More than 10 years ago a coalition of Nepali activists, including from the Blue Diamond Society (BDS), which is the country’s largest LGBTI rights organization, filed a case in the Supreme Court of Nepal demanding equal rights for LGBTI people. I am a founding member of BDS and have been with the organization since its inception in 2001 when I joined as an office assistant, and am now its executive director.
India’s fourth Youth Leadership Summit has just wrapped up leaving organizers optimistic about the future of LGBTI advocacy in the country. Held in the western city of Bengaluru, the annual summit aims to identify potential leaders among LGBTI youth and prepare them for future leadership roles. The attendees were selected from from South Asian Association Regional Cooperation (SAARC) countries. The SAARC countries are; India, Pakistan, Sri Lanka, Bhutan, Bangladesh, Maldives, Nepal and Afghanistan. More than 250 young people applied to attend the summit from which 35 were chosen. They were selected based on their leadership potential and willingness to engage on LGBT issues.
A Nepal man is suicidal and left fearing for his life after being outed by a UK immigration tribunal, Gay Star News can reveal. The man, who we’ll call Indra, has an anonymity order to protect his identity while applying for leave to remain on marriage grounds. Indra fled Nepal to escape persecution for being gay. Gay sex is not illegal in Nepal, however it remains a strictly conservative country. Fighting for the right to stay in the UK for many years now, in his most recent court case, the UK Immigration tribunal outed him by hearing his case at the same time as other Nepali people.
Mahamood Rakibul Hasan has spent the last 17 months hiding away from Nepalese authorities, fearful of being deported back to Bangladesh, his home country, from where he had fled in April last year after Islamists had threatened to kill him for being gay. Hasan, also known as Rakib, has been living illegally in Nepal while waiting to hear from the Canadian government over his asylum request.
Members of Nepal’s LGBT community were once openly derided as “social pollutants,” but now enjoy social and political rights—including legal recognition of a third gender—that put the country leagues ahead of much of the rest of the world. The past decade has proved critical in that evolution, as LGBT activists won significant victories in Nepal’s courts. In an email interview, Kyle Knight, a researcher with the LGBT Rights Program at Human Rights Watch, explains how LGBT activists in Nepal used a combination of tactics to overcome an archaic and patriarchal legal system and put the country at the forefront of LGBT rights worldwide.
Hundreds of members of Nepal’s gay community marched through Kathmandu on Tuesday, many wearing vibrant costumes and carrying rainbow flags and balloons, in an annual pride parade. The march is timed to coincide with the Hindu festival of Gai Jatra, which brings hundreds onto the streets to pay respects to those who have died in the past year. Historically Gai Jatra, which dates back to when Nepal was under royal rule, was also a chance for people to criticize the government -- with many people in colourful costumes satirizing politicians. In recent years the gay community has started using the festival to call attention to its demands for equal rights.
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