Nepal’s top court rules transgender women are women

Supreme Court of Nepal Rukshana Kapali has been ruledAs a transgender woman, she should be legally identified as female on all documents, without the need for medical verification. The ruling is the latest in a series of progressive court decisions on sexual orientation and gender identity, which have seen Gained a good global reputation for Nepal About LGBT rights.

follow The 2007 Supreme Court orderThe authorities have Publish some files For more than a decade, Nepal has banned gender labeling as “other” or “third gender” based on a person’s self-identification. Despite court orders, the lack of a clear central policy has created problems. Today, transgender people in Nepal who want to change their gender marker to “female” or “male” usually have to undergo surgery, which requires traveling abroad and then undergoing medical evaluations at home, including invasive examinations of their genitals after surgery. Even those who have undergone surgery must undergo surgery again. Trying to get files marked as “Other” Subjected to this humiliating and unnecessary medical examination.

this Yogyakarta Principles – Drafted and signed in 2006 by a group of experts, including former members of Nepal’s parliament and LGBT rights advocates Sunil Babu Pant – states that each person’s self-defined sexual orientation and gender identity “are an integral part of their personality” and are fundamental aspects of identity, personal autonomy, dignity and freedom. The principles make clear that gender identity may involve “modification of bodily appearance or function, if freely chosen, by medical, surgical or other means.” The principles were the basis of a 2007 order by Nepal’s Supreme Court and were cited by Kapali in his new court victory.

Kapali is a transgender female law student. Sued Nepal government more than 50 times The court has been pushing for rights-based legal recognition of gender identity since 2021. While this recent ruling sets a precedent for transgender rights, the order only applies to Kapali, meaning others must apply to the court for legal recognition based on their gender identity.

A better solution is central policy. The government can and should Making the system work for everyone Issue directives allowing people to self-identify their gender on official documents without medical or other verification.