Family Law Case: Sunil Babu Pant v. GON and Others, NKP 2065 B.S., Vol. 50, D.N: 7958
Case: Public Interest Litigation (Writ Petition)
Petitioner: Sunil Babu Pant (Executive Director, Blue Diamond Society)
Respondents: Government of Nepal and Others
Decision Number: 7958
This is a landmark Public Interest Litigation filed by Sunil Babu Pant on behalf of LGBT and third gender persons seeking legal recognition of gender identity, protection from discrimination, and equal constitutional and human rights.
Facts of the Case:
The petitioner, Sunil Babu Pant, Executive Director of the Blue Diamond Society, filed a Public Interest Litigation (PIL) before the Supreme Court on behalf of lesbian, gay, bisexual, transgender and third gender (LGBTT) persons. He argued that these individuals were facing discrimination, violence, social exclusion and unfair treatment because of their sexual orientation and gender identity. Since the law did not recognize third gender persons, they faced difficulties in obtaining citizenship certificates, passports and other official documents reflecting their self-identified gender. They also faced obstacles in accessing education, employment and other government services.
Therefore, the petitioner requested the Supreme Court to recognize the rights of LGBTT persons, prohibit discrimination against them, direct the Government to amend discriminatory laws, and ensure equal protection of their constitutional and human rights. The petitioner also requested the Court to consider legal recognition of same sex marriage.
Legal Issues:
- Whether discrimination based on sexual orientation and gender identity violates the right to equality.
- Whether third gender persons have the right to legal recognition based on their self-identified gender.
- Whether the State must amend discriminatory laws affecting LGBTT persons.
- Whether Nepal’s international human rights obligations protect LGBTT persons from discrimination.
- Whether the Government should study and consider legal recognition of same-sex marriage.
Decision of the Courts:
Supreme Court:
The Supreme Court held that discrimination based on sexual orientation or gender identity is unconstitutional and violates the fundamental rights to equality, dignity, freedom, and non-discrimination. The Court recognized the legal identity of third gender persons and directed the Government to issue citizenship and other official documents reflecting their gender identity. It also ordered the Government to review and amend discriminatory laws, form a committee to study laws relating to same-sex marriage, and enact appropriate legislation to protect the rights of sexual and gender minorities.
Principle Established:
The case established that every person is entitled to equal rights, dignity, and legal protection regardless of sexual orientation or gender identity. The State cannot discriminate against individuals simply because they belong to a sexual or gender minority, and it has a constitutional duty to recognize and protect their rights through appropriate laws.
Relevancy of the Case:
This case is one of Nepal’s most important human rights decisions. It recognized the constitutional rights of LGBTI and third gender persons, strengthened the principle of equality and non-discrimination, and laid the foundation for future legal reforms relating to gender identity, citizenship, and family rights. It is frequently cited in constitutional, family law, and human rights jurisprudence.
