New law threatens Nepal as gay rights haven
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Kathmandu, June 10 (IANS) 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.
Gay rights activists are alarmed by a new bill that could become law soon if
approved by parliament as part of the government's bid to modernise the
legal code - Muluki Ain, or law of the land - formulated in 1854 first.
The law and justice ministry, in consultation with judges, has completed the
drafts of a new criminal code and a civil code of law, which were submitted
in parliament recently after being approved by the council of ministers.
If the 601-seat parliament endorses them, Nepal will get new legal codes, a
move which however has brought no joy to its burgeoning gay community.
The community has lodged its first strong protest with Manisha Dhakal, a
transgender and senior member of the Blue Diamond Society, Nepal's
pioneering gay rights organisation, raising her voice at a UN rights forum.
Manisha, who was born Suben Dhakal, spoke at the Universal Periodic Review
meet in Geneva Wednesday when the human rights situation of UN members
states came under assessment, saying the proposed criminal and civil laws
will criminalise gays.
The marriage clauses in the new codes define the union as only that between
a man and a woman, treating homosexual unions as "unnatural sex offences".
"The proposed civil and criminal laws contain provisions to re-criminalise
so-called 'unnatural sexual offenses'," Dhakal told the forum. "These
attempts by the law ministry are a clear sign not to follow international
human rights standards, a clear intention not to implement the Supreme
Court's decision and also go against the spirit of the interim and new draft
constitution of Nepal."
In November 2008, Nepal's Supreme Court recognised homosexuals as a "natural
people" and asked the government to ensure that they received the same
rights and considerations as any other citizen. In the landmark judgment,
the court also ordered the government to enact laws to allow same-sex
marriages.
Following the verdict, Nepal's gay community has taken part in the civil
movement to include the rights of marginalised people in the new
constitution, that was to have been promulgated May 28.
"I ask your support to hold the Nepal government accountable on implementing
Supreme Court decisions fully and ensure that the proposed civil and
criminal laws are amended to ensure the human rights and equality of sexual
and gender minorities, rather than discriminating against and criminalising
us," Dhakal said.
Since 2008, Nepal has established itself as a gay rights haven with people
flocking to the Himalayan nation for same sex unions.
In the past, couples from India and Britain have tied the knot in Nepal and
during the monsoon, the Blue Diamond Society has planned a public wedding
between a lesbian couple from the US.
The weddings are part of the community's effort to draw gay tourists to
Nepal and have been welcomed by Nepal's tourism ministry, which is
celebrating 2011 as Nepal Tourism Year with the target of bringing in one
million air-borne visitors
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