Sexual minorities and communities disenfranchised when they reveal their identities

Chapter 2, Section (4) ‘F’ of the Election Code of Conduct, 2082 BS, clearly states that election campaigning cannot be conducted in a manner that hurts the sentiments or character assassination of senior citizens, women, gender and minority communities, and people with disabilities.

Falgun 17, 2082

Prakriti Dahal

Sexual minorities and communities disenfranchised when they reveal their identities

We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

The country is in the midst of an election with the House of Representatives elections scheduled for Falgun 21. Election songs are being played from village to city, candidates are busy door-to-door canvassing for votes. The number of people returning from the city to their villages to vote is also increasing. But amid this election excitement, the election has not brought excitement but pain for Suhana Magar of Hetauda.

She belongs to a sexual minority community and wants to vote, but she cannot reach her village due to fear from her family and society. She says that even though she has the right to vote, her identity has blocked her way to her village. She says, 'After revealing her identity, if her family and society do not accept her, she does not have the courage to go to the polling station. From home, society looks at her negatively. Even as a voter, I am deprived of voting. She says that she is unable to reach her home due to fear, intimidation and humiliation.

Suhana had voted in the previous local elections of 2074 BS. Her transgender identity was not revealed. After revealing her identity five years ago, she has not been able to reach her hometown. Born as a son, she was raised as a daughter. As soon as her identity was discovered, she has been deprived of her home and society. “I was able to vote easily in the last local elections because I hid my identity,” she said. “Now, after revealing my identity, there is no environment to vote.” Even though she cannot go to her birthplace, she wants to vote from Kathmandu. She says that if there is a system to vote from the place where she lives, many transgender citizens like her will be able to exercise their right to vote.

Dhan Bahadur Gurung (Mausami) from Ilam has to go to Ilam to vote. Born as a man, she has identified as a 'transgender woman'. Along with the problem of identity, financial shortage is also a big challenge for her. Currently, Mausami, who earns her living by working in Kathmandu, said that she will not go to her village to vote this time. She said, 'I voted once in 2064 BS and since then I have not been able to vote in any election. I have not fully revealed my identity due to the fear of facing insults, abuse and rejection when I go to the village. I am afraid of what will happen when I go to the village.'

A similar situation is faced by Pankaj Parajuli from Sunsari. He is a trans man. He came to Kathmandu from Sunsari three years ago. She says that even though she has citizenship and her name in the voter list, there is no environment to exercise her right to vote. She has to work in secret in Kathmandu due to the fear of being identified. She says, ‘I have not been able to tell anyone about my identity . In such a situation, I cannot return home . I am afraid that my family will not accept me .’ 

According to Pankaj, who is interested in politics, the biggest irony is that he is not able to vote even in his own country . He argues that there should be a system for the community to vote from the place where they live . She says, ‘If one vote determines politics, every citizen’s vote should be evaluated equally .’ He, who is interested in politics, says that it is unfair not to be able to vote due to his identity . 

Many people from the transgender community have been ostracized by their families and society . Fearing possible humiliation, violence and discrimination when they return to their villages and societies, they are forced to stay away from the voting process . Lack of finances has created additional pressure in this . They argue that they have been deprived of their right to vote due to the travel expenses to reach the village, lack of accommodation and lack of security.

According to the National Census 2078, the population of sexual and gender minority communities is 2,928. Which is 0.01 percent. According to the Election Commission, there are about 200 voters from sexual and gender minority communities across the country.

Although the constitution guarantees equal voting rights to all citizens, that right has not yet been ensured in practice for trans women like Mausumi and Pankaj. The voter roll of many people from this community has not been formed. Even though there is a roll, there is no environment to vote. They are forced to hide their identities.

 

 

Although the constitution guarantees equal voting rights to all citizens, this right has not been fully established for the transgender community and after coming out, they have been deprived of the voting process due to ostracism from society and family, financial deprivation, and security risks, says Pinki Gurung, a sexual and minority rights activist. According to her, this community has not been able to exercise its right to vote due to the lack of a proper voting environment. She says, ‘We are running a campaign to tell those whose names are on the voter list that ‘voting is our right’. But in practice, they are not able to exercise that right. Many transgender people have been ostracized by their families.’

She says that they cannot go to the polling station due to the contempt, abuse, threats, discrimination and hatred from the village and society. She says that the obligation to go to the village to vote has caused additional problems for the economically weak community. She says that not being able to vote from the place where they live has added challenges in terms of travel expenses, accommodation and security. ‘It is not easy for people who earn their living by working as daily wage earners to raise the money to reach the village,’ she said. ‘Many are also losing their right to vote due to financial constraints.’

Pinky says that the transgender community has not received the expected support from the local level and political parties. She says, ‘No one takes responsibility for our security.’ According to the Election Act and the Code of Conduct, although the security agencies have the responsibility to protect the sexual and gender minority community, in practice, its effective implementation is not seen.’

There are complaints that digital violence, discrimination and hate speech against the transgender and gender minority community are increasing as the elections approach. On November 29, the ‘Nilhira Samaj’ submitted a memorandum to the Election Commission, drawing the attention of the community to ensure inclusive participation and unhindered voting rights. According to the society’s program coordinator, Tikaram Bhusal, the letter submitted to the commission includes demands for strict monitoring to prevent hate speech, a safe environment at polling stations and, if necessary, the provision of separate lines. He says, "During elections, there is abuse between candidates, and we have drawn attention to the fact that such abuse should not be directed at any community." According to him, the Commission has been urged to create a safe voting environment by making special arrangements for people with disabilities, pregnant women, and senior citizens, as well as gender and sexual minority communities.

Sexual and gender minorities forced to endure violence due to fear of humiliation

Chapter 2, Section (4) 'F' of the Election Code of Conduct, 2082, clearly states that election campaigning cannot be carried out in a way that hurts the sentiments of senior citizens, women, gender and minority communities, and people with disabilities or leads to character assassination. Election Commission spokesperson Narayan Prasad Bhattarai said that the policy mentions the provision of providing facilities through fast track without affecting voters with gender and minority communities and special conditions. According to him, security is a necessary issue not only for one community but for all citizens, so reliable security arrangements will be made. 

Bhattarai mentioned that there has been a demand that voters from sexual and minority communities should not sit in the same queue with women or men, and informed that the commission will make necessary coordination on the matter.  He said, ‘According to our records, there are 200 voters from across the country, although separate arrangements for queues may not be practically possible, the commission will make necessary arrangements to make the voting process easy, safe and respectful. 

Prakriti

Link copied successfully