Intersex rights in Nepal

Intersex people are termed as 'antarlingi' अन्तरलिङ्गी in Nepali language.{{cite web |title=Sexual Orientation, Gender Identity and Sex Characteristics (SOGIESC) : Basic concepts |date=21 February 2021 |isbn=978-9937-0-8469-7 |language=Hindi |pages=13, 14 |edition=First |url=https://nepalcfc.org/wp-content/uploads/Basic_SOGIESC_Nepali.pdf |access-date=April 6, 2025 |archive-url=https://web.archive.org/web/20210203030807/https://nepalcfc.org/wp-content/uploads/Basic_SOGIESC_Nepali.pdf |url-status=usurped |archive-date=February 3, 2021}}

{{main|Intersex in history}}

The Blue Diamond Society, established in 2001, in Nepal politically has pursued political and social rights. On December 21, 2007, the Supreme Court ruled that a new democratic government must create laws to protect LGBTI rights and change existing laws that were tantamount to discrimination.{{cite web |url=http://www.365gay.com/Newscon07/12/122107nepal.htm |title=Nepal High Court Issues Landmark Gay Ruling |date=21 December 2007 |website=365 Gay |access-date=April 6, 2025 |archive-url=https://web.archive.org/web/20071222154420/http://www.365gay.com/Newscon07/12/122107nepal.htm |archive-date=22 December 2007 }}{{cite web |url=http://news.bbc.co.uk/2/hi/south_asia/7156577.stm |title=Nepal court rules on gay rights |date=December 21, 2007 |website=BBC |access-date=April 6, 2025 |archive-url=https://web.archive.org/web/20110805090027/http://news.bbc.co.uk/2/hi/south_asia/7156577.stm |archive-date=2011-08-05 }} In September 2015, several articles mentioning the rights of gender and sexual minorities in the country's new constitution were approved by Parliament after lengthy deliberation. Amongst these:

• Article 12 states that people have the right to have citizenship identification that reflects their preferred gender.
• Article 18 covers rights to equality and states that the State will not "discriminate [against] any citizens based on origin, religion, race, caste, tribe, gender, language or ideological conviction or any other status."
• Article 18 also lists "minorities, marginalized, youth, children, senior citizens, gender and sexual minorities, handicapped persons" asdisadvantaged groups that are recognized by the constitution.

The constitution went into effect on 20 September 2015.{{cite news|url=https://www.bbc.com/news/world-asia-34275854|title=Nepal approves new constitution|date=17 September 2015|access-date=13 October 2016|url-status=live|archive-url=https://web.archive.org/web/20160804044221/http://www.bbc.com/news/world-asia-34275854|archive-date=4 August 2016|work=BBC News}} These changes mean that Nepal is likely the most progressive country in South Asia, for LGBT rights.{{cite news | url = http://www.washingtonblade.com/2015/09/19/new-nepal-constitution-includes-lgbt-specific-protections/ | title = New Nepal constitution includes LGBT-specific protections | date = September 19, 2015 | first = Michael K. | last = Lavers | work = Washington Blade | url-status = live | archive-url = https://web.archive.org/web/20151121213009/http://www.washingtonblade.com/2015/09/19/new-nepal-constitution-includes-lgbt-specific-protections/ | archive-date = November 21, 2015 }} Nevertheless, numerous difficulties are reported by intersex people in Nepal, including the right to change gender assignment, the right to bodily autonomy, and the right to health.{{Cite web| last = Regmi| first = Esan| title = Growing up in Nepal| work = Intersex Day| access-date = 2017-05-21| date = October 2016| url = http://intersexday.org/en/growing-up-nepal/| url-status = live| archive-url = https://web.archive.org/web/20170103184024/http://intersexday.org/en/growing-up-nepal/| archive-date = 2017-01-03}}

In February 2018, Asian intersex activists published the Statement of Intersex Asia and the Asian Intersex Forum, setting out local demands.{{Cite news| last = Intersex Asia| title = Statement of Intersex Asia and Asian intersex forum | access-date = 2018-09-05| date = February 2018| url = https://www.astraeafoundation.org/stories/first-asian-intersex-forum/}}

Intersex issues in Nepal may often be thought to be third sex issues, and the most well-known third-gender group in South Asia is perhaps the hijra. Serena Nanda writes that: "There is a widespread belief in India that hijras are born hermaphrodites [intersex] and are taken away by the hijra community at birth or in childhood, but I found no evidence to support this belief among the hijras I met, all of whom joined the community voluntarily, often in their teens."Nanda, Serena. Neither Man Nor Woman: The hijras of India, p. xx. Canada: Wadworth Publishing Company, 1999 This belief has an impact when infants are born. Warne and Raza argue that an association between intersex and hijra people is mostly unfounded but provokes parental fear about the possible future life of their child.{{Cite journal| doi = 10.1007/s11154-008-9084-2| issn = 1389-9155| volume = 9| issue = 3| pages = 227–236| last1 = Warne| first1 = Garry L.| last2 = Raza| first2 = Jamal| title = Disorders of sex development (DSDs), their presentation and management in different cultures| journal = Reviews in Endocrine and Metabolic Disorders| date = September 2008| pmid=18633712| citeseerx = 10.1.1.469.9016| s2cid = 8897416}}

[[File:Protection of intersex children from harmful practices.svg|thumb|right|260px|

{{legend|#002255|Legal prohibition of non-consensual medical interventions}}

{{legend|#0066FF|Regulatory suspension of non-consensual medical interventions}}]]

{{further|Intersex human rights|Intersex medical interventions}}

Intersex persons are not protected from violations to physical integrity and bodily autonomy. A 2016 book of personal stories by intersex people from Nepal identifies a range of bodily autonomy and health issues, including "Intersex genital mutilation as a growing practice and lack of information and access to reproductive health information or care" and "Lack of access to necessary health care for those experiencing health difficulties as a result of their intersex variation".{{Cite book| last = Regmi| first = Esan| title = Stories of Intersex People from Nepal| location = Kathmandu| date = 2016| url = https://oii.org.au/wp-content/uploads/2016/04/Intersex-Stories-in-Nepal.pdf| url-status = live| archive-url = https://web.archive.org/web/20170422204413/https://oii.org.au/wp-content/uploads/2016/04/Intersex-Stories-in-Nepal.pdf| archive-date = 2017-04-22}}

In June 2016, the United Nations Committee on the Rights of the Child questioned the Nepalese government,{{cite web | url = http://stop.genitalmutilation.org/post/Geneva-Nepal-Questioned-over-Intersex-Genital-Mutilations-by-UN-Committee-on-the-Rights-of-the-Child | title = TRANSCRIPTION > Nepal Questioned over Intersex Genital Mutilations by UN Committee on the Rights of the Child - Gov Denies + Deflects | work = Zwischengeschlecht | date = May 20, 2016 | url-status = live | archive-url = https://web.archive.org/web/20170624135500/http://stop.genitalmutilation.org/post/Geneva-Nepal-Questioned-over-Intersex-Genital-Mutilations-by-UN-Committee-on-the-Rights-of-the-Child | archive-date = June 24, 2017 }} and identified concerns about:

{{blockquote|(a) The lack of awareness of issues related to intersex children in Nepal and the high levels of stigma and discrimination faced by intersex children; (b) The challenges faced by intersex children to access identity documents that correspond with the sex/gender identity of their choosing; and, (c) Cases of medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent, which often entail irreversible consequences and can cause severe physical and psychological suffering, and the lack of redress and compensation in such cases.{{Cite web| last1 = United Nations| last2 = Committee on the Rights of Child| title = Concluding observations on the third to fifth periodic reports of Nepal| location = Geneva| date = June 3, 2016| url = http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/NPL/CO/3-5&Lang=en| url-status = live| archive-url = https://web.archive.org/web/20170729120520/http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FNPL%2FCO%2F3-5&Lang=En| archive-date = July 29, 2017}}}}

The Committee called for investigations of human rights violations, education of medical professionals, and access to redress.

[[File:Inclusion of sex characteristics in anti-discrimination law.svg|thumb|right|260px|

{{legend|#002255|Explicit protection from discrimination on grounds of sex characteristics}}

{{legend|#0066FF|Explicit protection on grounds of intersex status}}

{{legend|#9FCFFF|Explicit protection on grounds of intersex within attribute of sex}}]]

{{main|Discrimination against intersex people}}

While the 2015 constitution provides protection for sexual and gender minorities, disabled people, and minorities more generally, Esan Regmi has identified a number of issues facing intersex people in Nepal, including discrimination, and a lack of intersex-specific research and actions within Nepal's LGBTI movement. Access to marriage and inheritance rights are also concerns.

{{main|Legal recognition of intersex people}}

According to local intersex activists, intersex people are not able to change name or gender marker on Nepalese birth certificates, and also have difficulties in updating academic transcripts and citizenship certificates. Intersex people are often confused as 'third gender' which creates barrier in recognition.

On 26 October 2020 the intersex community of Nepal laid seven bullet demands on gender recognition as follows:-

• Ensure intersex infants' right to birth certificate, as an infant be marked as 'intersex' and later on as male, female or non-binary based on their gender identity.
• Ensure intersex people's right to change name and gender marker.
• Ensure self-determination.
• Ensure use of correct gendered terms.
• Ensure right to privacy on one's intersex status, medical records and personal gender history.
• Ensure dignity, bodily integrity & autonomy.
• Remove obligatory 'other gender' or 'third gender' marking to intersex people{{cite web |title=National Intersex Demand Sheet |date=4 November 2020 |url=https://nepalcfc.org/intersexdemandsheet-eng/ |archive-url=https://web.archive.org/web/20210531052712/https://nepalcfc.org/intersexdemandsheet-eng/ |url-status=usurped |archive-date=May 31, 2021 |access-date=21 November 2021}}

On February 8–9, 2016, and with the support of the UNDP and other organizations, the Blue Diamond Society hosted a first national meeting on intersex issues.{{Cite web| last = Being LGBTI in Asia| title = The dawn of a national intersex movement: The first national intersex workshop in Nepal| work = Medium| access-date = 2016-07-30| date = February 29, 2016| url = https://medium.com/being-lgbti-in-asia/the-dawn-of-a-national-intersex-movement-the-first-national-intersex-workshop-in-nepal-621e8d7a826e| url-status = live| archive-url = https://web.archive.org/web/20160822213712/https://medium.com/being-lgbti-in-asia/the-dawn-of-a-national-intersex-movement-the-first-national-intersex-workshop-in-nepal-621e8d7a826e| archive-date = August 22, 2016}}{{Cite web| last = UNDP in Asia and the Pacific| title = Being LGBTI in Asia| access-date = 2016-07-30| date = July 30, 2016| url = http://www.asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia.html| url-status = dead| archive-url = https://web.archive.org/web/20160815114122/http://www.asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia.html| archive-date = August 15, 2016}} The meeting was led by Esan Regmi, with 13 participants from around Nepal.

The first Intersex Rights organization and the only one till date of Nepal is Campaign for Change.{{cite book |last1=Kapali |first1=Rukshana |last2=Bhandari |first2=Elyn |last3=Mulmi |first3=Subin |title=Draft bill regarding gender identity, 2021 (Nepali) |date=31 October 2021 |publisher=Asia Pacific Transgender Network |isbn=978-9937-0-9592-1 |page=6 |url=https://weareaptn.org/wp-content/uploads/2021/10/%E0%A4%B2%E0%A5%88%E0%A4%AA_%E0%A4%B5%E0%A4%BF%E0%A4%A7%E0%A5%87%E0%A4%AF%E0%A4%95_%E0%A4%AA%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%A4%E0%A4%95-Nepal-min.pdf |access-date=21 November 2021|archive-url=https://web.archive.org/web/20211031095454/https://weareaptn.org/wp-content/uploads/2021/10/%E0%A4%B2%E0%A5%88%E0%A4%AA_%E0%A4%B5%E0%A4%BF%E0%A4%A7%E0%A5%87%E0%A4%AF%E0%A4%95_%E0%A4%AA%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%A4%E0%A4%95-Nepal-min.pdf|archive-date=31 October 2021}}

• Intersex human rights
• Blue Diamond Society
• LGBT rights in Nepal
• Hijra (South Asia)
• Human rights in Nepal
• National LGBTI Day (Nepal)

{{Reflist|30em}}

• {{Cite book| last = Regmi| first = Esan| title = Stories of Intersex People from Nepal| location = Kathmandu| date = 2016| url = https://oii.org.au/wp-content/uploads/2016/04/Intersex-Stories-in-Nepal.pdf}}
• {{Cite book| author-link = Asia Pacific Forum| isbn = 978-0-9942513-7-4| last = Asia Pacific Forum of National Human Rights Institutions| title = Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics| date = June 2016| url = http://www.asiapacificforum.net/resources/manual-sogi-and-sex-charactersitics/| access-date = 2017-05-22| archive-date = 2017-01-15| archive-url = https://web.archive.org/web/20170115144950/http://www.asiapacificforum.net/resources/manual-sogi-and-sex-charactersitics/| url-status = dead}}

{{Intersex}}

{{Nepal topics}}

{{DEFAULTSORT:Intersex rights In Nepal}}

Category:LGBTQ rights in Nepal

Category:Law of Nepal