On behalf of KOSHISH, a national mental health self-help organization, Mr. Matrika Devkota filed a Public Interest Litigation in the Supreme Court in 2020 for amendment or repealing of the discriminatory legal provisions and use of derogatory terminologies towards persons with psychosocial disabilities. After one and half years of filing the case, a hearing was conducted in the constitutional bench of the respected Supreme Court of Nepal headed by Honorable Chief Justice, Cholendra Samsher Ja.Ba.Ra.
The order has been summoned to the Office of the Prime Minister and Council of Ministers (OPMCM) to submit a written reply within 7 days through the office of the Attorney General. OPMCM now must provide reasoning on the basis of law of the land, as to why the discriminatory legal provisions and abusive terms need no amendment or repealing as demanded by KOSHISH on behalf of persons with psychosocial issues and psychosocial disability in Nepal.
Senior Advocate Chandrakant Gyawali and Advocate Sharmila Parajuli presented the arguments where they pointed out that Nepal is one of the state parties to the Convention on the Rights of Persons with Disabilities 2006, should domesticate all its laws in accordance with the Convention and amend or repeal all legal provisions conflicting with it.
The stay order as demanded was not issued as it could only be decided after a full hearing. Now the next hearing will be on September 15, 2021. KOSHISH heartily requests cooperation and solidarity with all the stakeholders in its quest to ensure the persons with psychosocial disabilities with rights and entitlements on an equal basis with other people in the society.