Nepal is a country with the
majority of the population practicing Hinduism. Early myths include stories of Shikhandi,
Arjuna and Ila, all characters representing the third gender. These
historical characters show that there is a clear framework of the existence of
third gender people in Hindu society since ancient times.
Although the Supreme Court of
Nepal has ruled that the new democratic government must create laws to protect
LGBTIQ rights and change existing discriminatory laws[i],
society has not changed and views those who identify as third gender with
concern and sympathy. Society has not yet accepted the idea of a third gender,
and keeps the issue hidden. It is seen as criminal or offensive to find third
gender people in Nepal.
Efforts are being carried out to
ensure the rights of third gender people in Nepal. The Nepali movie Sungava,
showed how people who identify as third gender face trouble in the Nepalese
context. The movie aimed to create awareness and encourage society to respect
third gender people. However, because there are no laws or acts protecting
them, they continue to face many problems. It is not that non-governmental
organizations are not working to raise awareness, but there has to be support
from parliament to address this issue.
On November 18th,
2008, the Supreme Court directed the government to enact equal rights laws for
LGBT citizens[ii];
however these laws have not been put into practice. And while the Supreme Court
formally recognized a lesbian relationship in 2012[iii],
there has been no act to date recognizing third gender people. The only
progress in this regard has been in the form of the “Other” option added after
“Male” and “Female” on forms that ask about gender.
The country still remains in the
dark on this issue. The first challenge people who identify with a third gender
face is from their family. Family members, for the most part, do not accept it
at all. They feel cursed when they find out that their child identifies as
neither male nor female. Even if family members are accepting, society will not
accept them. One way that Nepalese society views third gender people is as “Chakkas”
–a derogatory term used for Indian third gender people who collect money along
the Indian Railway. They face persecution and assault from various members of
society, which is strange as the same people pray for Arjuna. It is a huge insult to third gender people in the society.
Blame goes to Nepal, which has
not taken any initiative to promote third gender people. There have been
special accommodations made for other marginalized communities and ethnic
groups; however no steps have been taken to promote the acceptance of third
gender people in this regard. In fact, there has been news regarding the attack
and attempted rape of third gender people in Nepal, which the government has
tried to suppress. It does not seem to be a priority of the media either, and
because of this, the concern does not grow. Further, third gender people face
problems even when they apply for jobs, leaving them with the options of hiding
their identity or being rejected.
There are organizations like the
Blue Diamond Society[iv],
which has been working with the vision of creating societies that respect and
value sexual and gender minorities, where sexual and
gender minorities can live with equal rights and dignity, and where all sexual
and gender minorities have hope and opportunity. However, the time for this
seems far away, when parents will happily say that their child is gay, or
lesbian, bisexual, transgender, third gender, intersexual or questioning.
REFERENCES
Published in Watch Dog, International Watchdog published by YCSRR, Youth Coalition. Full issue can be downloaded from here .
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