The Supreme Court of Nepal has ruled that Rukshana Kapali, a transgender woman, should be legally recognized as a woman on all documents without the need for medical verification, as reported by HRW.
Kapali, a transgender law student, has been an ardent advocate for rights-based legal recognition of gender identity, filing more than 50 lawsuits against the Nepali government since 2021 according to The Diplomat. However, the court’s decision currently applies exclusively to Kapali. Others wishing to have their gender identification legally recognized will still need to petition the courts individually.
Nepal has made significant strides in gender inclusivity over the past decade, with government-issued documents featuring “other” or “third gender” categories following a 2007 Supreme Court ruling. Trans individuals have typically had to undergo surgery, often abroad, and subsequent intrusive medical evaluations to change their gender markers to “female” or “male.” This latest ruling marks a departure from these stringent requirements.
Human Rights Watch has long advocated for a more straightforward and respectful process for transgender and third-gender individuals to obtain official documentation reflecting their true gender identity, as emphasized in a HRW report from earlier this year.
Earlier in 2024, Kapali herself highlighted the challenges faced by transgender individuals in Nepal, pointing out the cumbersome procedures required to change name and gender on official documents, as discussed in this Kathmandu Post article. Kapali described the frustrating exchanges of responsibility between the government and Parliament without any concrete actions being taken.
The Yogyakarta Principles, established in 2006 by human rights experts, underscore that self-defined gender identity and sexual orientation are fundamental to individual personality, autonomy, dignity, and freedom. They advocate for gender recognition without the need for medical, surgical, or other forms of bodily modification, though medical resources should be available for those who need them as part of their personal transition phase. The principles can be reviewed in the Yogyakarta Principles document.
Moreover, Nepal’s 2015 constitution explicitly recognizes LGBTQIA+ identities, guaranteeing equality and non-discrimination for “gender and sexual minorities” under Article 18(3) and mandating the inclusion of “gender identity” on citizenship certificates under Article 12. Article 42 ensures the right to social justice for sexual and gender minorities, including affirmative action rights and participation in governmental agencies, as stated in Nepal’s constitution.
This ruling is the latest in a line of progressive decisions by the Nepali courts on matters of gender identity and sexual orientation, further enhancing Nepal’s global reputation for LGBTQIA+ rights, as noted in a 2017 HRW article.
For further reading on the subject, the original report is available on JURIST’s website.