In Nepal, the Supreme Court ruled that a transgender woman should be legally recognized on all documents as a woman without having to submit to medical verification.
To stress: The judgment only applies to Rukshana Kapali, a 27-year-old transgender woman who sued the government. But it- at least – sets a precedent for others who will petition courts to be legally recognized according to their gender identity.
This decision, delivered by a division bench of Chief Justice Bishowambhar Prasad Shrestha and Kumar Chudal, is based on the case of Kapali, who has been suing the government of Nepal over 50 times since 2021. More recently, Tribhuvan University and Pokhara University did not give Kapali a registration number for her Bachelor of Arts exams because her gender and name did not match what was written on her School Leaving Certificate (SLC) and Higher Secondary +2 certificates.
The top court of Nepal sided with Kapali, stating that:
- the right to live with dignity also signifies one’s right to live with the gender identity he/she feels other than the gender assigned at birth
- not allowing transgender people to identify their gender on grounds of their self-relization would violate Article 16, which guarantees people’s fundamental right to live with dignity
- Section 8a (3) of Nepal Citizenship Act allowed one to obtain Nepali citizenship with gender identity
Nepal’s SC added that Tribhuvan University’s decision to refuse registration of Kapali on the basis that her identity documents had not been amended to confirm her female identity violated her rights relating to education as guaranteed by the constitution and international human rights instruments.
