Case of Sunil Babu Panta: An Initiative to Recognize Third Gender in Nepal

Abstract

Universal Declaration of Human Rights proclaim that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction as to race, sex, language or religion. So in this regard the third genders also have equal rights which is even incorporated in Article-13 of Interim Constitution of Nepal, 2063 where all citizens shall be equal before the law, provided that there shall not be discrimination among citizens on grounds of religion, race, caste, tribe, gender, origin, language or ideological conviction. In context of Nepal third gender are suffering from violence, harassment, discrimination, exclusion, stigmatization which is a gross human right violation of theirs. Discrimination hampers the growth and prosperity of society and family. Their right identity and to live freely without discrimination have been violated. An ideal society requires an environment where each human individual can exercise his or her freedoms without fear and want. The last century witnessed major changes in the concept of homosexuality. Since 1974, Homosexuality ceased to be considered as abnormal behavior and was removed from the classification of mental disorder. It was also de-criminalized in many countries. Since then various countries around he globe enacted anti-discriminatory or equal opportunity laws and policies to protect the rights of third gender. In 1994, South Africa became first nation to constitutionally recognize the rights of third gender. In 1996, the U.S. supreme ordered that no state could pass the anti discriminatory laws against third gender. Thus recognizing the trend from several countries, this case have been filed to legally third gender, to end the domestic, social and state violence faced every day by the people of this community. The author tries to highlight the important issues regarding third gender and reveal apex courts decision which is prospective for them towards the realization of their fundamental rights.