Oct 07, 2007
News: Nepalese Supreme Court Hears Petition against the Government
By Danny Sonnenschein
(Nepal) - Supreme Court of Nepal yesterday has heard the writ petition filed against the government of Nepal by Blue Diamond Society and three other 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 rights of Gays, Lesbians and Metis and the problems faced by them. He effectively dealt on the queries of the bench about BDS and the concerned people.
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 demonstrated his knowledge of the gay-friendly marriage bill decision from the State of Massachusetts, USA. The next hearing is sheduled for 21 November 2007.
„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,“ said Sunil Pant, president of the Blue Diamond Society.