The Supreme Court of Nepal has ruled that Rukshana Kapali, a transgender woman, should be legally recognised on all documents as a woman without having to submit to medical verification according to a Wednesday report by HRW.
As part of her campaign for rights-based legal recognition of gender identity, transgender law student Kapali has filed more than 50 lawsuits against the Nepali government since 2021. However, the order granted only pertains to Kapali; others will need to petition the courts in order to have their gender identification officially accepted.
Authorities have been publishing certain documents for over ten years that include “other” or “third gender” categories, in accordance with a 2007 Supreme Court ruling. However, in order to change their gender markers to “female” or “male,” trans people in Nepal are usually required to have surgery, which necessitates leaving the nation, followed by in-country medical evaluations that include intrusive exams of their post-operative genitalia.
HRW in the past has urged Nepal to establish a process that is simple to understand, straightforward, and respectful of people’s rights so that transgender and third-gender individuals can get official documentation that reflects their gender identity.
This key issue was raised by Kapali herself, as she stated earlier this year that there is no straightforward way for people to change their name and gender on citizenship paperwork without going to court. She discusses the frustrating exchanges of accountability between the government and Parliament but there being no real action taken.
Individuals’ self-defined gender identity and sexual orientation are “integral to their personality” and a fundamental component of identity, personal autonomy, dignity, and freedom, according to The Yogyakarta Principles, which were formulated and signed in 2006 by a group of human rights experts. Gender recognition is permissible “if freely chosen, modification of bodily appearance or function by medical, surgical, or other means,” according to the set of principles. However, resources for medical assistance should be readily available if necessary for an individual’s personal transition phase.
The 2015 constitution of Nepal also recognises LGBTQIA+ identities. The right to equality and freedom from discrimination is guaranteed to “gender and sexual minorities” under Article 18(3). Article 12 mandates that “gender identity”—rather than just gender—be included on citizenship certificates. Article 42 protects sexual and gender minorities’ right to “social justice,” which includes affirmative action rights and participation in governmental agencies.
Kapali’s verdict is the most recent in the court’s string of progressive decisions regarding gender identity and sexual orientation, which has helped Nepal gain a favourable reputation for LGBTQIA+ rights around the world.
