Similarly, Bhumika, who was born male but grew up with sexual tendencies of female, was given a certificate recognizing her as woman by Palpa district administration. [break]
Medically both the categorizations would prove wrong and neither certificate serves the need of the individuals in question.
"That is the situation you see," said Dev Gurung, the second individual to get Nepali citizenship under the third gender category. The male-turned-female got the certificate from Myagdi district April this year after "too much of struggle". "The state is ignoring the Supreme Court´s verdict, else, by now all the sexual minorities in the country would have received citizenship certificate and passport as per their need," Gurung said.
In December 2007, the Supreme Court had ruled that lesbians, gays, bisexuals, transgender and inter-sex individuals (LGBTIs) are natural people and hence they are entitled to all fundamental rights as Nepali citizens and that they be issued citizenship certificates that clearly indicate an individual´s choice of gender identity.
Following the verdict, Vishnu Adhikari of Kaski district was issued a citizenship that identified Adhikari as ´third gender´. Since Adhikari was the first person to receive such document, the sexual minorities in Nepal celebrated the victory as a door opener for LGBTIs.
Before Adhikari, Banke district office had issued a citizenship certificate in the name of Chanda Musalman that identified Musalman as neither male nor female. No term was used in the certificate to distinguish her sexual orientation.
"We all want to have our own identity and be respected for who we are," said Pinky, President of Blue Diomond Society (BDS) and Coordinator of Cruse Aids. "In lack of certificate that clearly identifies one´s sexual orientation, one has to face a number of hurdles in daily life," she said.
Recently, Pinky had a tough time while trying to get a piece of land registered in her name. "I appear as male in my citizenship certificate, though I look like a female now. I told them I am a transgender. They would not understand. I had to narrate the whole history of our struggle and the Supreme Court´s ruling and so on," she said. "Yet nobody took me seriously. People like us face discrimination at every step."
No wonder, until the state acknowledges the sexual orientation of LGBTIs and recognizes them, people like Pinky are going to face uncomfortable questions when they go to apply for jobs, open bank account, get property registered in their name or get a passport.
It is estimated that there are more than 2 million sexual minorities in the country. However, only 350,000 third genders including 50,000 gays and lesbians have been identified so far, according to the data of BDS.
Many sexual minorities say when they go to seek citizenship under third gender category they are denied straight away by the officials concerned.
They are told that there is no such law in Nepal as yet.
Spokesperson at the Home Ministry Shankar Koirala said that the process of issuing citizenship for the third genders will not be smooth until a law to that effect is clearly outlined in the Citizenship Act.
"Though two people have been granted such certificate, no more can be issued until there is a clear provision under the Act," he said. Koirala said he could not tell exactly how long it would take to make the necessary provisions.
Meanwhile, a member of BDS Barsha Ale Magar underscored that the lack of will on the part of the concerned ministries and bureaus has caused the sexual minorities, who are among the responsible taxpayers in the country, to suffer.
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