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16 Jun 2011

LGBTs in Nepal may face 16 years jail as new laws are being considered

The newly proposed criminal code in Nepal is reported to contain provisions which will criminalise "unnatural" sexual acts including same-sex sexual relations. Fridae speaks to Sunil Pant, an activist and Nepal’s first openly gay MP, about the impact of the new laws if approved.

The Mangalorean.com news website warned in a June 10 report: “Almost three years after Nepal became the first country in South Asia where the apex court recognised same sex marriages, the nascent republic's strong gay rights movement now faces severe threat from a new law in the pipeline.”

Sunil Pant, Nepal’s first and only openly gay member of parliament and founder of LGBT advocacy group The Blue Diamond Society, at a pride parade in Kathmandu in 2010.

The draft of the new criminal and civil code, which was prepared by the law and justice ministry, was submitted to parliament earlier this month. The proposed law will provide for a jail term of up to 16 years and a fine, Sunil Pant, Nepal’s first openly gay member of parliament and founder of LGBT advocacy group The Blue Diamond Society, told Fridae in an email.

If the laws pass, it will also affect the country’s official recognition of the so-called ‘third gender’ or transgenders who have been able to register as such when applying for their for national identity papers after a hard won legal battle. The landmark 2007 Supreme Court ruling ordered the government to “formulate new laws and amend existing laws in order to safeguard the rights of these people.”

Nepal's Central Bureau has for the first time added the ‘third gender’ as a category in the national census it is conducting this year although the ‘third gender’ registration has reportedly not been implemented nationwide.

Until the landmark court ruling in 2007, same-sex acts could be charged under the ambiguous "unnatural sex” law that provided a prison term of up to a year or five thousand rupee fine (US$70). Nepal never had laws that explicitly criminalised homosexuality.

The marriage clauses in the new codes also define marriage as only that between a man and a woman, and if passed, will dash Nepal's hopes of being the first Asian country to legalise same-sex marriage. The Nepal Supreme Court in 2008 directed the government in Nepal to formulate necessary laws to guarantee full rights to gays, including marriage.

Pant told Fridae in an email: “The drafting process was started by few people from the law ministry and two judges from the Supreme Court. The criminal law drafting committee is chaired by Justice Khil Raj Regmi (now Chief Justice) and civil law drafting committee chaired Justice Kalyan Shrestha. There’s very little involvement on the part of the current government as it was mostly done by its predecessors. No blame to the current Minister for Law and Justice Prabhu Sah.”

Pant, who said his organisation was not consulted on the proposed bill, is appealing to the international community to intervene and write to the Nepal government, and that Blue Diamond will do whatever they can to raise awareness about the issue locally and internationally to prevent the bill from being passed.

Nepal

Reader's Comments

1. 2011-06-16 21:07  
What's up with you, Nepal? One day you want to legalise SS marriage and the other you want to criminalise homosexuality?
2. 2011-06-16 21:44  
seems several law in Nepal are contradicting each other.. anyhow, i wish all the best for LGBT people in Nepal. Godspeed.
3. 2011-06-17 02:58  
just curious to know. Does Buddha think that being gay is kind of sin also like other faiths??
4. 2011-06-17 07:43  
So the gay marriage and honeymoon package holidays they've been offering will include an unpleasant surprise...
5. 2011-06-17 08:11  
if Nepal consider itself as a buddhist country, this law shouldn't come in mind. What happen to loving kindness, compassion & being mindful. The Buddha never encourage or discourage homosexuality.
6. 2011-06-17 11:32  
Buddhism had faded away many many years ago in Nepal.
7. 2011-06-17 14:23  
I'm quite baffled how did Nepal get from A. being a beacon of gay protection in the region to B. possibly passing jail terms for gay people. The information provided does not help me connect the dot here.
8. 2011-06-17 18:49  
the Victorian heritage is one resilient son of a bitch and I mean that litterally ! ... as for deciding what is natural or unnatural, of course it should be for nature to decide but who cares about common sense and logic when social norm is at stake ? the "unnatural" argument's been used under just about every political system and in all religious contexts, so I do not believe the comments about Buddhism are particularly relevant here. I wish they were, in a way... whenever the subject of homophobia comes up, our resident religion-bashers rush in on their white horses, armed with self righteousness (the number one problem of religious zealots by the way) and verbal whips, but to no avail because it's not religions that make men, it's the other way round. And men, not nature, make homophobia.
Comment edited on 2011-06-18 12:54:25
9. 2011-06-17 20:22  
If it is true that ..."The Nepal Supreme Court in 2008 directed the government in Nepal to formulate necessary laws to guarantee full rights to gays, including marriage".... then what the hell are a "..few people from the law ministry and two judges from the Supreme Court".. doing drafting this piece of rubbish?

And if .." There’s very little involvement on the part of the current government as it was mostly done by its predecessors. No blame to the current Minister for Law and Justice Prabhu Sah.” then surely the current government should overturn the drafting of the legislation.

It sounds to me that a few in the legal fraternity are having a power struggle and they should all be brought to account by strong actions of the Nepalese government in denouncing this backward step.
10. 2011-06-17 21:18  
Blue Diamond will be facing a tough battle. What can we do to help them to win this battle?
11. 2011-06-19 16:16  
This is sad... i am from nepal and being nepalese gay now its more harder than before to live a gay life. God help me...

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