Nepal's Supreme Court affirms legal recognition for trans women

Nepal’s highest court has ruled that a trans woman should be recognised as a woman on her legal documents without needing to undergo medical verification, ‘MSN’ reports.

Rukshana Kapali, a law student and human rights activist who was featured on the BBC’s 100 Women list, has sued the Nepalese government over 50 times since 2021 to advance rights-based recognition of gender identity.

Although the Supreme Court’s landmark ruling sets a precedent for trans rights in Nepal, other trans individuals will still need to petition the court individually to have their gender recognised without medical intervention.

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For more than a decade, authorities have been issuing documents listing gender as “other” or “third gender” based on self-identification. However, individuals wishing to change their markers to “M” or “F” have been required to undergo gender-affirming surgery, typically performed outside the country, followed by medical assessments and genital examinations in Nepal.

Kapali expressed her relief to The Himalayan Times: “I am very glad and happy this verdict has finally put an end to the discrimination and stigmatisation I faced everywhere I went. My life is going to be easy from now on.”

In February, Manisha Dhakal, executive director of the LGBTQ+ organisation Blue Diamond Society, told Human Rights Watch (HRW) that “generations of transgender and third-gender Nepalis have faced barriers and humiliation because of policy gaps,” adding: “We need change now. We began the fight for our dignity in 2001 and secured a major victory at the Supreme Court in 2007, but the government has not yet implemented the order to recognize us based on our identities.”

That same month, Kapali told HRW: “Trans women are women, and trans men are men, and Nepal needs to match its reputation as a so-called beacon of hope for sexual and gender minorities with comprehensive policy change to respect our rights.

“Nepal received much credit for introducing the third-gender option on citizenship certificates, but it is inconsistently implemented and does not uphold the rights of people who identify as women and men.”

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