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Support Rukshana Kapali's Final Year of Law School

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I am Rukshana Kapali, a SOGIESC rights activist from Nepal. I am fundraising for my final year of law school and attending the Summer School on SOGI international law.

Recognition: I was recognized as one of BBC's 100 inspiring and influential women in 2023. I was also listed as TIME 100 Next in 2024.

My work:

Since 2020, my work has become more focused on SOGIESC issues through the registration of Queer Youth Group (QYG) as a not-for-profit, which was a loose network I co-initiated. As a part of QYG, my work has mostly entailed engaging in the production of resource materials on SOGIESC. Similarly, I have focused on legal activism through litigation, which entails filing writ petitions at the Supreme Court & High Courts on issues of concern to the PoMSOGIESC demography, providing legal assistance to PoMSOGIESC individuals on issues pertaining to their rights, which has predominantly been about, but not limited to, legal gender recognition issues of transgender folks.

I also work around the Jugi community’s traditional abode of Satachhen. I have been lobbying, campaigning, and petitioning to ensure the right of ownership, right to housing, and several other aspects of the community’s historical residence.

Similarly, I also work for language justice and the establishment of multilingualism in the state system.

Highlighted Legal Achievements: The Supreme Court of Nepal issued a landmark verdict in a writ petition I filed, which allowed me to change my name and gender marker on my legal documents based on my gender identity. High Court Patan ruled that the term 'woman' in the rape law of Nepal also includes a trans woman.

Highlighted PILs: The following are the PILs I have taken to the Supreme Court and are currently under consideration:

SOGIESC rights:
  • Legal Gender Recognition for trans men, trans women, and non-binary individuals - including being able to change name and gender marker on legal documents.
  • Inclusion of SOGIESC in the National Census of Nepal.
  • Right to voting for transgender and non-binary individuals, with accessible and friendly measures in place.
  • Removal of homosexuality and lesbianism under the topic 'unnatural sex offences' in the legal curriculum of Nepal.
  • Repeal mandatory 'sex change surgery' to seek legal gender recognition.
  • Access to COVID-19 vaccine for trans & non-binary individuals, without subjection to refusal based on incongruent gender in documentation.
  • Amendment of rape law to include all persons, not just women.
  • Legal gender recognition in Passport.
  • Make statutory provision implementing Article 12 of the constitution on legal gender recognition.
  • Right to privacy for trans & non-binary individuals in deadname & personal gender history.
  • Marriage Equality.
  • Reservation and quota for gender & sexual minorities.

Language Justice:
  • Make province laws implementing Article 7(2) of the constitution on the use of multiple languages as official working languages.
  • Implementation of Bagmati Province's laws on adopting Nepala Bhasa and Tamang language as co-official languages alongside Nepali.
  • Use of multiple languages as official working languages at the federal and local levels.

Indigenous & Caste issues:
  • A legal case against Lalitpur Metropolitan City and the federal government on recognition of our traditional ownership of our traditional house. Our traditional house was acquired by the government without any notice and unilaterally - which rendered our family homeless.
  • I am preparing for a larger PIL on issues (similar to that of my family) for the Jugi community, who have been historically marginalized in the caste system. We call Satachhen (name of a distinctive structure) our homes. These structures are 'legally' registered as 'public property' under the government's ownership. We are fighting to get these properties back to the traditional custodians, who otherwise are rendered homeless.

Individuals benefitted: While I recently finished my fourth year of law school, I have been actively engaged in filing cases on behalf of other individuals, as attorney-in-fact. These cases are mostly pertaining to legal gender recognition. Due to the lack of statutory laws and procedural laws, every trans person needs to file a writ petition at the Supreme Court or High Court if they want their documents to be amended. Through my legal knowledge, I have assisted a total of 90 cases (excluding PILs). Consequently, transgender individuals in Nepal are able to get their name and gender changed in their legal documentation.

What does this fundraising include?

I am in my final year of law school. The total tuition fees (with a 10% discount I have received) are 135,000 Nepali rupees. This enables me to complete my law school and graduate to become a licensed lawyer.

Despite a 5-year-long law school, there is no SOGIESC or LGBTIQA+ specific course or teaching in Nepal. While I have gained knowledge and expertise through self-education, I was actively seeking opportunities to academically enhance my knowledge on the intersection of law and SOGIESC. That's when I found Leiden University's summer school. Upon contacting the institute, it does not offer full scholarships. This fundraising includes course tuition fees, visa fees, flight costs, food and lodging costs, and other incidental costs. I am seeking to gain expertise in SOGIESC law in order to expand and enhance the work I do in Nepal.

If you would like to support this fundraiser, please chip in if you can or share for amplification. If you have any questions and would like to directly contact the fundraiser (me), please feel free to do so.
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    Rukshana Kapali
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    Washington D.C., DC

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