Current Version
| Region | Nepal |
| Issue | Right to change legal gender |
| Status | Legal, no restrictions |
| Start Date | 2015 |
| End Date | (none) |
| Description | Section 12 of the Constitution of Nepal (2015) was written in such a way that requires the Nepalese Citizenship Certificates to include gender identity (as opposed to just gender). This provision only applies to the first Nepalese Citizenship Certificate issued, not to an already-issued certificate. However, the decision of Sunil Babu Pant, Anik Ranamagar and others v. Government of Nepal (2017), ruled that existing citizenship certificates should also be amended. Nepal began issuing passports with “third gender”/“O” markers, after the Supreme Court decision Dilu Dibuja v. the Ministry of Foreign Affairs (2017) ordered that a transgender person should be given a passport that matched their Nepalese Citizenship Certificate. In 2019, Nepal’s House of Representatives proposed a bill to amend the Citizenship Act that would impact the rights of trans persons. The bill proposed an onerous proof of "sex change" as a requirement for a person to obtain a change of gender marker on their Nepalese Citizenship Certificate. This goes in contradiction with the above Supreme Court cases. In addition, many transgender people who have applied for a gender change have been able to see their gender marker changed on behalf of the civil status. |
| Sources | https://database.ilga.org/nepal-lgbti https://www.cromosomax.com/el-tribunal-supremo-de-nepal-dictamina-que-una-mujer-trans-es-una-mujer-en-un-caso-historico https://www.alhurra.com/arabic-and-international/2024/08/01/%D9%82%D8%B1%D8%A7%D8%B1-%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9-%D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7-%D9%84%D9%81%D8%AA%D8%A7%D8%A9-%D8%B9%D8%A7%D8%A8%D8%B1%D8%A9-%D8%AC%D9%86%D8%B3%D9%8A%D8%A7-%D9%8A%D9%85%D9%86%D8%AD-%D9%86%D9%8A%D8%A8%D8%A7%D9%84-%D8%A5%D8%B4%D8%A7%D8%AF%D8%A9-%D8%AD%D9%82%D9%88%D9%82%D9%8A%D8%A9 https://www.hrw.org/news/2024/07/31/nepal-supreme-court-rules-trans-woman-woman |
| Federal Law | Yes |
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Revision History (8)
edited by sina_india. fixing statut, add source, legal since 2015
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | (REMOVED) | Legal, no restrictions |
| Special Status | Ambiguous | Legal, no restrictions |
| Start Date | 2007 | 2015 |
| Description | Only to a third gender marker "O"; no changes between male "M" and female "F" permitted. According to ILGA Data, anecdotal evidence suggests that at least one transgender woman has been able to obtain a female gender marker, and one transgender man has obtained a male gender marker. In both situations, evidence of gender affirming medical interventions was required. | Section 12 of the Constitution of Nepal (2015) was written in such a way that requires the Nepalese Citizenship Certificates to include gender identity (as opposed to just gender). This provision only applies to the first Nepalese Citizenship Certificate issued, not to an already-issued certificate. However, the decision of Sunil Babu Pant, Anik Ranamagar and others v. Government of Nepal (2017), ruled that existing citizenship certificates should also be amended. Nepal began issuing passports with “third gender”/“O” markers, after the Supreme Court decision Dilu Dibuja v. the Ministry of Foreign Affairs (2017) ordered that a transgender person should be given a passport that matched their Nepalese Citizenship Certificate. In 2019, Nepal’s House of Representatives proposed a bill to amend the Citizenship Act that would impact the rights of trans persons. The bill proposed an onerous proof of "sex change" as a requirement for a person to obtain a change of gender marker on their Nepalese Citizenship Certificate. This goes in contradiction with the above Supreme Court cases. In addition, many transgender people who have applied for a gender change have been able to see their gender marker changed on behalf of the civil status. |
Show Difference | ||
| Federal Law | No | Yes |
| Sources | https://database.ilga.org/nepal-lgbti http://www.huffingtonpost.com/2013/01/23/nepal-third-gender-ids_n_2533316.html http://opendocs.ids.ac.uk/opendocs/bitstream/handle/123456789/2839/ER13%20Final%20Onine.pdf?sequence=1 | https://database.ilga.org/nepal-lgbti https://www.cromosomax.com/el-tribunal-supremo-de-nepal-dictamina-que-una-mujer-trans-es-una-mujer-en-un-caso-historico https://www.alhurra.com/arabic-and-international/2024/08/01/%D9%82%D8%B1%D8%A7%D8%B1-%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9-%D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7-%D9%84%D9%81%D8%AA%D8%A7%D8%A9-%D8%B9%D8%A7%D8%A8%D8%B1%D8%A9-%D8%AC%D9%86%D8%B3%D9%8A%D8%A7-%D9%8A%D9%85%D9%86%D8%AD-%D9%86%D9%8A%D8%A8%D8%A7%D9%84-%D8%A5%D8%B4%D8%A7%D8%AF%D8%A9-%D8%AD%D9%82%D9%88%D9%82%D9%8A%D8%A9 https://www.hrw.org/news/2024/07/31/nepal-supreme-court-rules-trans-woman-woman |
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edited by Notdog1996. Ambiguous at best
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires medical diagnosis | (REMOVED) |
| Special Status | (REMOVED) | Ambiguous |
Reports (1)
- Status is not correct "legal, non restriction : One of the first landmark judicial decisions with regard to legal gender recognition was Sunil Babu Pant and Others v. Nepali Government (2007) where the Supreme Court ruled that the State should provide identity documents that reflect a person’s self-identified gender identity. In this case, the Court held that a ‘third gender’ category should be available. This decision allowed the Nepalese Citizenship Certificates to include male, female and “other” gender markers. However, this last category applies to all those who wish to change their gender marker. In other words, trans people can only have an “O” in their certificate, as there is no possibility to change gender markers from “M” to “F” or vice versa. Anecdotal evidence suggests that at least one transgender woman has been able to obtain a female gender marker, and one transgender man has obtained a male gender marker. In both situations, evidence of gender affirming medical interventions was required.
Later, Section 12 of the Constitution of Nepal (2015) was written in such a way that requires the Nepalese Citizenship Certificates to include gender identity (as opposed to just gender). This provision only applies to the first Nepalese Citizenship Certificate issued, not to an already-issued certificate. However, the decision of Sunil Babu Pant, Anik Ranamagar and others v. Government of Nepal (2017), ruled that existing citizenship certificates should also be amended.
Nepal began issuing passports with “third gender”/“O” markers, after the Supreme Court decision Dilu Dibuja v. the Ministry of Foreign Affairs (2017) ordered that a transgender person should be given a passport that matched their Nepalese Citizenship Certificate.
In 2019, Nepal’s House of Representatives proposed a bill to amend the Citizenship Act that would impact the rights of trans persons. The bill proposed an onerous proof of "sex change" as a requirement for a person to obtain a change of gender marker on their Nepalese Citizenship Certificate. This goes in contradiction with the above Supreme Court cases. There have been no updates on this bill since 2020.
https://database.ilga.org/nepal-lgbti"
edited by Notdog1996. Ambiguous at best
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Legal, but requires medical diagnosis |
| Special Status | Ambiguous | (REMOVED) |
| Old Value | New Value |
|---|
| Old Value | New Value | |
|---|---|---|
| Start Date | Jan 22, 2013 | 2007 |
| Description | Only to a third gender marker "O"; no changes between male "M" and female "F" permitted. | Only to a third gender marker "O"; no changes between male "M" and female "F" permitted. According to ILGA Data, anecdotal evidence suggests that at least one transgender woman has been able to obtain a female gender marker, and one transgender man has obtained a male gender marker. In both situations, evidence of gender affirming medical interventions was required. |
Show Difference | ||
| Sources | http://www.huffingtonpost.com/2013/01/23/nepal-third-gender-ids_n_2533316.html http://opendocs.ids.ac.uk/opendocs/bitstream/handle/123456789/2839/ER13%20Final%20Onine.pdf?sequence=1 | https://database.ilga.org/nepal-lgbti http://www.huffingtonpost.com/2013/01/23/nepal-third-gender-ids_n_2533316.html http://opendocs.ids.ac.uk/opendocs/bitstream/handle/123456789/2839/ER13%20Final%20Onine.pdf?sequence=1 |
Show Difference | ||
edited by Markissik. Well, since changes between M and F markers are not available, it's not actually fully legal, so the best status would be Ambiguous
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Legal, no restrictions | (REMOVED) |
| Special Status | (REMOVED) | Ambiguous |
edited by JordanB3047
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, no restrictions |
| Description | Only to a third gender marker "O"; no changes between male "M" and female "F" permitted. |
| Original entry | |
|---|---|
| Status | Legal, but requires surgery |
| Start Date | Jan 22, 2013 |
| End Date | (none) |
| Description | (empty) |
| Sources | http://www.huffingtonpost.com/2013/01/23/nepal-third-gender-ids_n_2533316.html http://opendocs.ids.ac.uk/opendocs/bitstream/handle/123456789/2839/ER13%20Final%20Onine.pdf?sequence=1 |
Reports (2)
- Sources are invalid or broken "huff po article is missing"
- Status is not correct "Does not require surgery - based on self identification
Being LGBT in Asia - Nepal Country Report
http://www.asia-pacific.undp.org/content/dam/rbap/docs/Research%20&%20Publications/hiv_aids/rbap-hhd-2014-blia-nepal-country-report.pdf"