KATHMANDU: Nepal's Supreme Court (SC) decided in favor of transgender lady Ruksana Kapali, ordering the government to change her gender identity data to suit her self-perception as a woman. The court's ruling, released on November 6, 2023 by Chief Justices Bishowambhar Prasad Shrestha and Kumar Chudal, highlights the importance of gender identification based on self-perception as a fundamental right related to individuality and autonomy. The court directs that Kapali's records be changed from male to female, confirming that gender identification is a fundamental right under both national and international human rights law.
The Supreme Court's decision took into account international human rights standards, constitutional requirements, and the right to an education. The verdict emphasizes transgender people's human right to be free of discrimination based on their gender identification rather than the gender assigned to them at birth. Since gender identity and sexual orientation are protected under Article 18(2) of the Constitution, Kapali's claim that her educational credentials are a representation of her gender identity is supported by the court's reading of this clause.
Kapali's writ petition revealed that she was unable to access higher education due to Tribhuvan University's refusal to accept her application based on her transgender identity. The court acknowledged that discrepancies between state-issued documents and one's gender identity could lead to exclusion and discrimination in accessing services and opportunities. The SC emphasized that updating personal records to reflect gender identity is essential for ensuring dignity, equality, and access to services.
The significance of keeping gender identification data up to date while protecting privacy in personal documents was also discussed by the court. It underlined that the state must protect the privacy of people's history and present records in order to guarantee that personal information is handled with respect and confidentiality. The court's commitment to upholding the rights of gender minorities is evident in its ruling, which upholds the constitutionally guaranteed rights to equality and a dignified existence.
The basic freedom of individuals to freely express their gender identity was upheld by the Supreme Court's ruling, along with the obligation of the state to protect this right by institutional and legislative measures. The ruling highlights the need for gender identity to be recognized and protected by law as well as the need of protecting personal information and respecting privacy.
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