Blue Diamond Society

The Blue Diamond Society (BDS; Nepali: नील हीरा समाज) is an LGBT rights organization in Nepal. It was established in 2001 to advocate for change in the existing laws against homosexuality and to advocate for the rights of Nepal's marginalized gay, transgender and other sexual minority communities. The Blue Diamond Society also aims to educate Nepalese society on proper sexual health, to advocate with local governments for queer minorities, to encourage the artful expression of LGBTQ+ youth, and to document violence against Nepalese queers. Another of its contributions to Nepal's LGBTQ+ communities is to provide care, counseling, and services to victims of HIV/AIDS.The BDS has also recorded various abuses against the community ranging from physical and verbal abuse and discrimination inflicted in workplaces and healthcare facilities.

Blue Diamond Society
AbbreviationBDS
Formation2001 (2001)
TypeNon-Profit Organization
PurposeAs a community-based organization, the Blue Diamond Society aims to educate and assist with the sexual health, human rights, and the well-being of gender and sexual minorities in Nepal.
HeadquartersKathmandu
Location
Founder/Director
Ichhya Malla
Websitehttp://bds.org.np

The Blue Diamond Society is currently led by Executive Director Manisha Dhakal, and was founded and led until 2013 by Sunil Babu Pant, the first gay legislator in Nepal's history and one of 29 experts at the meeting for The Yogyakarta Principles.

One of the Blue Diamond Society's greatest achievement occurred in 2007 when Sunil Babu Pant and fellow human rights activists filed a case with Nepal's Supreme Court that led to a verdict by the Court ordering the government to repeal all laws that explicitly discriminate against members of the LGBT community. The Court also ordered the government to draft laws to legally recognize gay marriage. In 2015, Nepal approved a new constitution that guaranteed equal rights to all the genders, however despite the laws the community still faces discrimination and abuse and is least represented in the country.[1]

In 2018, the Blue Diamond Society currently has over 700 staff and forty offices throughout Nepal.[2] The head office is located in Dhumbarahi Height, Kathmandu.[3]

The Struggle for LGBT Rights

In April 2007, the Blue Diamond Society, MITINI Nepal, Cruse AIDS Nepal, and Parichaya Nepal, all organizations representing lesbians, gays, and "people of the third gender", filed a writ petition under Article 107(2) of the Interim Constitution of Nepal demanding representation and laws that provide protection to the LGBT community, thus prohibiting any discrimination on the basis of sexual orientation and gender identity. Nepal's citizenship card system provided benefits to all the citizens such as ration cards, passports, residency cards, etc. however, those who identified themselves within the third gender were denied these rights by the officials.[4]

The Government of Nepal dismissed the petition claiming it to be based on hypothesis and assumptions and devoid of any proper examples of those who were treated in a discriminatory manner. The Court also claimed that the Interim Constitution provides enough protection therefore making a separate law based on sexual orientation is not required. But the petitioners which included Sunil Babu Pant, argued that people of the third gender weren't treated equally. It was the responsibility of the state to provide identity documents, including birth certificates, citizenship certificates, passports, and voter identity cards because without identity cards, people of the third gender were deprived of education and other public benefits and were vulnerable and disadvantaged.[5]

After quite a struggle, Court came to the conclusion that sexual orientation was a natural process rather than the result of "mental perversion" or "emotional and psychological disorder". It rejected the notion that people of the third sex were "sexual perverts". The government also addressed the issue of same-sex marriage which the Nepalese law observed as "unnatural coitus". The Court therefore decided that it is appropriate that same-sex marriage is decriminalized and de-stigmatized. Also, laws were introduced to ensure that all the genders are provided equal rights therefore, this resulted in new citizenship cards which have column for the third gender. Blue Diamond society played an important role in this movement and has been a major LGBT organization ever since.[6]

As an organization, Blue Diamond Society various hurdles as it wasn't given the status of an NGO for sexual minorities which were not recognized under the Constitution. Therefore, it was introduced as sexual health program and later established itself as a full-fledged LGBT organization. Despite the legal and liberal system supporting the community, there is still very conservative especially when it comes to sexuality.[7]

Visions

The society's visions are to create a society that respects and values each sexual and gender minorities, where every person of a sexual and gender minority can have equal rights and the same dignity of heterosexual, cisgender persons and also a society where all sexual and gender minorities have hope and equal opportunities.[8]

Achievements of Blue Diamond Society

BDS worked with local governments and the Supreme Court to have the Election Commission of Nepal and local census forms offer a "third gender" option in addition to "male" and "female".[9] A third gender person, Bishnu Adhikari, received full citizenship and identification papers as ruled by the Supreme Court Nepal in 2007. This has encouraged other third gender citizens to demand correct legal identification with their correct gender. Continuous lobbying, delegations, and sit-in programs from the local to national level have been carried out by the Blue Diamond Society.[10] The Manisha Dhaka l was awarded the "Nai Rani Laxmi" award in 2010 for her contributions to LGBT rights and actively participated in the pleadings in the petition filed for equal rights in 2007.

Controversies

In 2012, Blue Diamond Society was accused of corruption and nepotism, which led to serious financial trouble for the organization.[11] BDS responded by saying that "called conspiracies to defame the society and weaken the campaign launched for the rights of third gender people and sexual minorities," whilst never really addressing the merits of the accusation. During the investigation, Sunil Babu Pant immigrated to London.[12] Blue Diamond Society has also been recorded by National News Channels for physically attacking people who reported their corruption. Blue Diamond Society had threatened those transgender individuals who do not identify as 'third gender' to remain silent and not speak about the issue.[13][14]

Criticisms

The Blue Diamond Society has been criticized for creating a rigid "third gender narrative" in Nepal. A gender fluid person was reportedly mocked by the Blue Diamond Society. It has been criticized for rejecting the belief that there are multiple genders, and having pejorative attitudes against genderqueer or gender fluid people. In 2019, a series of confessions posted online called out the organization's alleged transphobia. It was alleged that famous Nepalese actor Santosh Panta's transgender daughter was advised by a representative of the organisation to call herself as 'third gender' contrary to her self-identification.[15]

Awards

In 2007, Blue Diamond Society won the International Gay and Lesbian Human Rights Commission's (IGLHRC) Felipa de Souza Award.[16]

Pride Festival
See also: Nepal pride

Nepal's Pride festival is organised by Blue Diamond Society annually on the day of Gai Jatra. The first annual pride festival by BDS in Nepal was held in 2010 in Kathmandu, the 6th International LGBTI Pride festival took place in 2016 with the support of UNDP under Global Fund MSA program.[17]

See also

References
  1. "Understanding LGBT rights in Nepal". ucanews.com. Archived from the original on 2017-01-30. Retrieved 2019-06-15.
  2. Cousins, Sophie (2018-11-01). "Blue Diamond Society: working with Nepal's LGBT community". The Lancet HIV. 5 (11): e615. doi:10.1016/S2352-3018(18)30297-2. ISSN 2352-3018. PMID 30507442.
  3. "Welcome to Blue Diamond Society Archived 2016-02-23 at the Wayback Machine." Web. 15 February 2016.
  4. "Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal (21 December 2007) | International Commission of Jurists". Archived from the original on 19 October 2016. Retrieved 2019-06-15.
  5. "Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal (21 December 2007) | International Commission of Jurists". Archived from the original on 19 October 2016. Retrieved 2019-06-15.
  6. "Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal (21 December 2007) | International Commission of Jurists". Archived from the original on 19 October 2016. Retrieved 2019-06-15.
  7. "Understanding LGBT rights in Nepal". ucanews.com. Archived from the original on 2017-01-30. Retrieved 2019-06-15.
  8. "Blue Diamond Society Nepal". www.bds.org.np. Archived from the original on 2006-05-27. Retrieved 2019-06-15.
  9. Bhandair, Bibek. "Nepal to Hold its First LGBTI Sporting Event." Huffington Post. Huffpost Queer Voices. Web. 15 February 2016.
  10. Chang, Jenni and Dazols, Lisa. "Nepal's Sunil Pant Keeps His Country at the Forefront of LGBT Rights. Huffington Post. Huffpost Queer Voices. Web. 15 February 2015.
  11. "Nepal – Leading gay rights group, Blue Diamond Society, accused of corruption, nepotism (with BDS response)". actup.org. 7 December 2012. Archived from the original on 11 March 2018. Retrieved 11 November 2016.
  12. "सुनील बाबु पन्त र नीलहिरा समाजको वास्तविकता". Archived from the original on 2019-04-24. Retrieved 2019-04-24.
  13. "Blue Diamond Report". Sagarmatha TV.
  14. "Corruption in Blue Diamond Society : Sunil Panta Accused". Reporters Club Nepal. Violent video of Blue Diamond Society members attacking and raiding Reporters Club
  15. "मलाई बिहेको हतार छैन: केटलिन पन्त". Kantipur Daily. Archived from the original on 2019-04-04. Retrieved 2019-04-04.
  16. "Blue Diamond Society Nepal". www.bds.org.np. Archived from the original on 2006-05-27. Retrieved 2019-06-15.
  17. "Blue Diamond Society 6th International Pride Festival "Gai Jatra" 2016". www.bds.org.np. Archived from the original on 2019-06-19. Retrieved 2019-06-15.
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