On Tuesday, 23-year-old Rukshana Kapali went to Tri-Chandra Multiple Campus to submit her exam registration form for her Bachelor's second-year examinations.

But they refused to accept her form saying she was not registered as a student with the Tribhuvan University.

“They refused to entertain my registration form, citing an updated system of Tribhuvan University that requires a registration number for entering an examination form into the system,” said Kapali, who is also an activist focusing on trans rights and Nepal Bhasa.

Kapali doesn’t have a university registration number because she was denied registration by the Exam Controller’s Office back in 2017.

The reason? Her gender.

Kapali’s gender assigned at birth was male, also reflected in her School Leaving Certificate (SLC).

However, Kapali has legally changed her gender to female and has acquired many of her documents accordingly.

Despite the change, Nepal Education Board refused to change Kapali’s gender in her SLC documents in 2016. Consequently, TU refused to officially register Kapali as a student but allowed her to attend classes and sit examinations.

“I was told I could attend classes and that the academic council was looking into my registration issue,” said Kapali. “It has already been five years.”

For Kapali, it’s 2017 all over again. Her registration is still in limbo. There is a public outcry against it on social media, and officials at the Office of the Controller of Examinations have said she would be able to sit her exams.

“We will fill out her form and update the system. She will be able to take her examinations,” said Pushpa Raj Joshi, the exams controller, TU. “Under the current registration system, only male and female are accepted as gender. We need to make changes to our system.”

But Kapali is not asking to be recognized as ‘others,’ but to be recognized as ‘female’ – the gender mentioned in her higher secondary education certificates.

Tuesday’s incident, however, isn’t an isolated iron-gate Kapali had to face while pursuing her educational goals.

In January 2022, the Purbanchal University refused to provide Kapali with an admit card to appear for her Bachelor of Arts Bachelor of Laws examinations.

Following a social media uproar and public pressure, the university eventually presented her with an admit card just an hour before her examinations. Such is her ordeal but trans individuals like Kapali face discrimination daily despite hard-fought political advances and advocacy in the past two decades.

A Supreme Court ruling in December 2007 particularly paved the way for what are now constitutionally guaranteed rights of gender and sexual minorities, including anti-discrimination and right to equality. But when it comes to practice, ground realities contrast the progressive laws on paper. Queer individuals also continue to face constant harassment and attacks, and some have even been murdered.

“Compared to other countries, Nepal looks pretty progressive. But despite a couple of our rights being guaranteed by the constitution, there are no laws and policies that ensure its implementation,” said Bhumika Shrestha, vice-president of the Federation of Sexual and Gender Minorities.

“The lawmakers and bureaucrats responsible for enforcing these laws have no knowledge or understanding. Because of these challenges, we constantly face obstacles all along the way.”

And the lack of implementation and understanding reflects government inaction and systemic hurdles. From the lack of trans inclusive voting centers in the recent local level elections to the persistent misgendering in legal documents, the government has failed to remove the systemic barriers for trans individuals.

During the 2021 census, gender was also limited to male, female and ‘others’ despite government attempts to acknowledge the queer population. Many queer individuals were forced to select the “others” category even if “they didn’t identify with the gender marker.”

Kapali’s case, which prevents her from pursuing her educational goals, is another form of systemic violence, neglect and humiliation that trans individuals face daily. Only her ordeals are widely known because of her relentless activism on and off social media and legal battles.

“Will I receive my academic achievement certificate? Will my Bachelor's degree be valid? Will my examination results be published?” asked Kapali. “I am always pushed behind in life. I have been pushed into the dark. My career, my education aspirations are all in the dark.”

*Corrections:

An earlier version of this story said ‘same-sex marriage’ is a constitutionally guaranteed right. The Supreme Court ruling only paved the way to formulate same-sex partnership and marriage act based on legislation in other countries.

The story has also been updated to clarify that Kapali is asking for recognition as ‘female’.