Nepal: Supreme Court Hearing Update

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Supreme Court Hearing Update, Nepal
Supreme court has heard the writ petition yesterday (6 Oct 2007) filed against the government of Nepal by Blue Diamond Society and three other LGBTIQ organizations on 5th September 2007 , demanding to protect and defend LGBTIQ rights . The writ petition was heard by Honorable Judge Balaram K.C.and Honorable Judge Pawan Kumar Ojha. Advocates Bhuwan Prasad Nirula, Hari Phuyal, Prem Rai, Sharmila Dhakal and Rupe Narayan Srestha pleaded the case on behalf of the petitioners. Advocate Bhuwan Prasad Nirula highlighted on the institutional structure of Blue Diamond Society (BDS), its role on protecting LGBTIQ rights and the problem faced by LGBTIQ. He effectively dealt on the queries of the bench about BDS, who are LGBIQs, How their rights have been violated ? etc. Similarly, advocate Hari Phuyal focused on the part of International law and Human Rights practices on LGBTIQ issues. He shared many examples of the cases and laws adopted by many countries like South Africa, Fiji, Netherlands. He further requested to the bench to issue an order to form the independent committee to come up with recommendations/report for protecting LGBTIQ rights. Advocate Prem Rai, also highlighted the International jurisprudence (ICCPR) by Human Rights committee to protect LGBTIQ rights. The Bench appeared to be positive on LGBTIQ issues even though they decide not issue an order to form a independent committee right a way and asked the advocated to submit the International Jurisprudence and more specific country codes/laws and practices on LGBTIQ rights. One of the judges was even illustrating how he was familiar to the marriage bill (positive)decision from the State of Massachusetts, USA. The next hearing will be on November 21st 2007 by the same bench (very fortunate that our case went to this bench). There is a great hope that the positive decision will come out of the next hearing. International Observers are extremely welcome and we/our Lawyers need your support and Solidarity.
Sunil Pant 07 Oct 2007




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