Perspective of Civil Societies on Homosexual and Their Human Rights Situation in Nepal

Abstract

Sexual orientation or gender identity (SOGI) leads to abuse in the form of discrimination,violence, imprisonment, torture, or even execution, every day, across the globe which contravenes the basic tenets of international human rights provisions. After April uprising2006, LGBTIs are recognized as a minority group in Nepal but still they are discriminated, disadvantaged, deprived, degraded and denied to justice and human rights. The current legislation and the Interim Constitution of Nepal are silent on the issues of homosexual. The representation of LGBTI in government offices, the judicial sector,Commissions and local agencies is nil. Since the LGBTIs also fall under Janajatis and come from backward regions; they are doubly victimized. So far, only two persons with Third Gender/Trans Gender background have been able to acquire citizenship certificates according to his/her identity. Homosexual problem could not be suppressed; feeling of discrimination and violation of human rights might be the cause of violence if State failed to address their problems. Tomake them able to enjoy the human rights effectively and minimize the impending risk in society State can regulate some conditions while allowing the living together (civil union)rights to homosexual communities. Few I/NGO working in this sectors will raise their finger against the government action but finally they admit the fact that it is the only possible way to gain a highest assurance of the State in order to ensure the human rights of homosexuals community in Nepal. A total 48 questionnaires were collected from homosexual; 26 from lesbian and 22 from gay members. Similarly, 53 questions were collected from civil society members. Except the questionnaires, semi-structural interview, focused group discussion and case studies were applied to the research methodology. I selected some human rights related NGO’s representative from Kathmandu valley to represent the civil society member for this thesis purpose. My study includes those homosexuals who are involved in formal networks and living in and around the Kathmandu valley.