KATHMANDU, JUNE 15
Although the Constitution of Nepal is based on the principle of gender equality, LGBTIQ+ community faces various types of violence and discrimination at least once in their life.
The Constitution of Nepal promulgated in 2015 recognises the rights of LGBTIQ+ people and explicitly prohibits discrimination on the grounds of sexual orientation and gender identity.
The constitution also guarantees the right to privacy, freedom of expression and the right to live with dignity - all of which are critical for the protection of LGB- TIQ+ rights.
Despite these legal protections, LGBTIQ+ people in Nepal continue to face significant barriers to realising these rights in practice.
Lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ+) rights have seen significant progress in Nepal over the past two decades, making the country known as the 'global LGBTIQ+ rights beacon.' However, previous studies have documented the significant levels of violence against LGBTIQ+ communities in Nepal, including physical, emotional and sexual violence perpetrated by various actors such as police, healthcare providers and family members. These studies have also highlighted the gap in the implementation of laws and policies that protect and respond to violence against LGBTIQ+ people.
Police and other law enforcement agencies often do not succeed in adequately investigating Besides, LGBTIQ+ people face significant barriers in accessing healthcare and education and prosecuting cases of violence against LGBTIQ+ individuals. Moreover, lack of comprehensive anti-discrimination laws and policies mean that LGBTIQ+ people are often unable to access justice and seek redress for human rights violations.
A national study conducted on 'Evidence to Action: Addressing Violence Against LGBTIQ+ People in Nepal' by UN women, in partnership with M&C Saatchi World Service, Blue Diamond Society and Viamo Nepal, depicts that 71 per cent LGBTIQ+ experience at least one form of emotional violence in their lifetime, 49 per cent experience sexual and physical violence, and 40 per cent face economic violence.
The results of the national survey also indicates that 81 per cent of the LGBTIQ+ respondents were victim survivors of at least one instance of violence based on their SOGIESC during their lifetime.
"My family was planning to kill me," said a lesbian. A transwoman said, "I called the police for help, but their response was extremely negative. They told me, 'Who told you to go there? We only have a duty to help normal people and we have no responsibility towards those who are 'chhakka' or 'hijada'.'"
Likewise, a Trans man said, "I belong to Muslim society. It is more difficult in that community. People laugh at me and often threaten me in the name of religion. I also receive death threats. People like me are not allowed to enter mosques and are restricted from reading out the holy book, Quran. When I walk on the streets, people call me humiliating names like 'hijada' or 'chhakka' and ask my parents why I am allowed to stay in their house."
Besides, LGBTIQ+ people also face significant barriers in accessing healthcare and education.
A version of this article appears in the print on June 16, 2023, of The Himalayan Times.
