Reservations expressed over citizenship amendment bill

By A Staff Reporter  Kathmandu, May 22: The sexual and gender minority community has expressed their reservations over the discriminatory provisions in the proposed citizenship law that demands proof of gender transformation to obtain new citizenship certificate with the gender identity of their choice. 

The provision in the proposed citizenship amendment bill requires applicants to present medical evidence of sex reassignment surgery to obtain citizenship with a changed gender. 

The current provision of Citizenship Act allows individual to choose male, female or other as their sex on the citizenship certificate. 

The community has pointed out that the proposed law is discriminatory against trans and gender-diverse person and it doesn’t comply with Nepal’s obligation under international human rights norms, as well as country’s constitution. 

Rukshana Kapali, a trans woman and rights activist said such discriminatory provision could further add difficulties for the people who identify differently than what they have been assigned at birth and on their citizenship card.  

Kapali, who has been struggling to get her academic documents with the changed gender, shared if the parliament passed the Citizenship Act in its current form, future of the right of sexual and gender minorities would be further uncertain.

Stating that there is a lack of conceptual understanding about the sexual and gender diverse person, Kapali said, “The law should not be passed in the current form.”

Executive Director of Blue Diamond Society, Manisha Dhakal, a trans woman, said the provision is wrong and would create unnecessary burden to the LGBTI community and worsen the lives who are already on fringes.  

Stating that not everyone can afford or want to undergo the sex reassignment surgery, which is very complex and expensive, Dhakal said, “Self-determination is the only thing that should matter when it comes to identifying one’s sexual identity. So such provision should be removed from the bill and allow individual to decide sexual identity of their choice.” 

Sarita KC, a bi-sexual woman and LGBTI rights activists shared her disappointment that the bill was prepared without consulting and understanding the problems of the community. 

“The bill itself contradicts the provision of the international human rights treaties as well as the country’s constitution. The law should be more inclusive for LGBTI community with gender-diverse and allow individual to choose their gender identity they feel comfortable identifying as,” said K.C. 

Laxmi Ghalan, another activist, said undergoing sex reassignment surgery is neither easy nor affordable. “One must travel abroad as Nepal doesn’t have such medical facilities yet. This complicated medical procedure is risky as well, sometimes even resulting in death.”

Due to which, many transgender people are forced to continue to accept a biological gender that does not truly reflect their gender identity, Ghalan added. 

A bill to amend the Citizenship Act was passed by the parliamentary Committee on State Affairs and Good Governance and tabled at the Parliament for deliberation.

Sabin Shrestha, an advocate, said the proposed bill contradicts the rights guaranteed by the Constitution.