Kathmandu, November 3
Lawmakers have proposed recording intersex identity on birth certificates. They have tabled amendment proposals to the Children (First Amendment) Bill, 2083 BS, seeking this provision.
According to Rastriya Swatantra Party lawmaker Bhumika Shrestha, birth certificates currently record only male and female. The amendment aims to explicitly include intersex identity.
“At present, only ‘boy’ and ‘girl’ are mentioned,” she told Onlinekhabar.
Along with Shrestha, lawmakers Sushma Swarnakar (Dimple), Bina Gurung, Srishti Bhattarai and Sujata Tamang have proposed that the gender column in the birth registration of intersex children must say “intersex.”
They have proposed adding a new Sub-section (2A) to Section 4 of the Children’s Act. It reads: “The birth of an intersex child shall be registered by recording intersex in the gender column.”
Another lawmaker, Janu Paudyal, has registered a separate amendment with the same aim. She has proposed adding a new sub-section after Sub-section (3) of Section 4 of the existing Act. In her proposal, she writes, “While registering a birth, it must be registered with one of three gender identities: female, male or intersex.”
The demand to include gender identities other than female and male in government documents, including birth certificates, citizenship certificates and passports, has been raised in the past as well.
In 2064 BS, the Supreme Court ruled on the need to give legal recognition to the rights and identity of sexual and gender minorities.
In a writ petition filed by Sunil Babu Pant and others, the court issued a directive order to the government to make legal arrangements in line with the identity of sexual and gender minorities. Since then, various initiatives have been taken to include the third gender in government documents.
The National Census 2068 BS made provision to collect data on the third gender alongside female and male. However, debate has continued over the clarity and ease of access to gender identity in government records.
Lawmaker Shrestha is among those associated with this campaign. She has long spoken up for the rights, identity and equality of sexual and gender minorities. Now in parliament, she has taken on the role of proposer of the amendment to bring this issue into law.
Under the lawmakers’ proposals, if the Act is amended, births will be registered with one of three gender identities: female, male or intersex.
If the proposed amendment is passed, the identity of intersex children will be clearly recorded in government records from the birth registration stage. This will give their identity official recognition, and it will also bring ease in educational, administrative and other government records.
