Nepal’s Supreme Court rules trans woman is a woman in landmark case
The Supreme Court has ruled in favour of Rukshana Kapali (PRAKASH MATHEMA/AFP via Getty Images)
The highest court in Nepal has ruled that a trans woman should be recognised as a woman on her legal documents without having to submit to medical verification.
Rukshana Kapali, a law student and human rights activist who was named on the BBC’s 100 Women list, has sued the Nepalese government more than 50 times since 2021 in an effort to bring forth rights-based recognition of gender identity.
While the Supreme Court’s landmark ruling has set a precedent for trans rights in the country, other transgender people will need to petition the court separately to have their gender recognised without medical intervention.
For more than a decade, the authorities have been issuing documents which list gender as “other” or “third gender” on the basis of self-ID. However, people wishing to change their markers to “M” or “F” are required to undergo gender-affirming surgery, which usually must take place outside the country, followed by medical assessments and genital examinations in Nepal.
Kapali told 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, the 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 recognise 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 got a lot of credit for instituting the third-gender option on citizenship certificates but it is not implemented consistently, and it does not uphold the rights of people who identify as women and men.”
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