Landmark ruling sets precedent for LGBT+ rights in Nepal

Nepal’s Supreme Court has ruled that a trans woman can be recognized as a woman on her legal documents without the need for medical verification. The case was brought by Rukshana Kapali, a law student and human rights activist, who has filed more than 50 lawsuits against the government since 2021 to promote gender identity recognition, a major demand of the queer community.

Do you remember #TransExclusionistTU back in 2018?

Do you remember #JusticeForTransPeopleinNepal back in 2021 ?

Yes, this verdict came from that struggle.

— 𑐬𑐸𑐎𑑂𑐳𑐣𑐵 𑐎𑐥𑐵𑐮𑐶 Rukshana Kapali (@MinchyaaMeyju) August 1, 2024

Despite the landmark ruling, other transgender people will still need to pursue a separate court petition to obtain recognition of their gender without medical intervention. In Nepal, official documents often list gender as “other” or “third gender” based on self-identification.

However, to change the marker to “M” or “F”, until now, it was necessary to undergo gender affirmation surgery, usually outside the country, and undergo medical evaluations.

Kapali expressed her satisfaction with the decision to The Himalayan Times, saying the verdict had ended the discrimination and stigmatization she had faced. “My life will be easier from now on,” she said.

In February, Manisha Dhakal, director of the LGBT+ organization Blue Diamond Society, told Human Rights Watch that the fight for trans rights in Nepal began in 2001 and still faces challenges, despite a 2007 Supreme Court victory that ordered the recognition of trans identities.

By Ezatamentchy