Will India recognize a third gender?

A biologically male teenager from Dattapukur on the outskirts of Kolkata was evicted from home for being too effeminate. Subject to routine family violence and exploitation, the child, who identified as a girl, was rescued by the Association of Transgender /Hijras in Bengal (ATHB) in August. ATHB soon realized that there were neither any shelters for transgender children nor any sensitization in the Child Welfare Council regarding the children's sexuality. In the absence of state protection, the teen was sent back home after some parental counseling.

The incident is telling of the legal vacuum that marks the life of the transgender community in most parts of India. "In most government hospitals, there is a male and female ward, but no space for transgender individuals. There is ambiguity in access to most basic services," points out Ranjita Sinha of ATHB Bengal.

But change could be in the offing. A petition that is due for a verdict in the Supreme Court (SC) has been weighing whether transgenders can be given legal recognition. This has been a longstanding demand of the gender rights movement, and was reiterated during the multi-city Queer Pride Parades. Its significance however, is often drowned out by the debate over decriminalization of homosexuality.

The issue got an impetus thanks to a public interest litigation filed by the National Legal Services Authority (NALSA) in the SC in 2012. It seeks equal rights for transgenders which could translate into a third gender category in hospitals, toilet allocations as well as separate recognition in basic identification such as ration cards, election cards, passports and driving cards. The arguments have concluded and the verdict is due.

Transgender is the term broadly used to refer to people who prefer to adopt a gender role different from the biological sex they are born into and includes transsexuals, cross-dressers, intersex persons and gender-variant persons who could be male-to-female, female-to-male or gender queer. There are no exact estimates, but the community is estimated to be between 0.5 million to 1 million. Time is rife to question whether India can look beyond gender binaries of male and female to accept a third gender into its fold. Could we liberalize sexuality rights like neighbouring Pakistan, Argentina or United Kingdom?

It may seem radical, but piecemeal changes are already underway. Tamil Nadu has paved the way by setting up a Transgender Welfare Board in 2008 which certifies aravanis (male to female transgenders ) and provides them with identity cards. The IDs entitle the group to 33% women's quota in higher education, facilitates hospitalization and loans for self-help groups. In 2012, the Karnataka government included transgenders in the category of "backward communities" entitling them to social welfare benefits. The Centre-initiated Aadhar card and voter ID too allow an "other" category.

Amritananda Chakravorty of Lawyers Collective explains why legal recognition is crucial. "Though some documents have started to recognize third gender identity, the law continues to operate within a binary norm, creating a system where hijras/transgenders are left in a legal grey area, where their gender identity is not recognized for all purposes," she says. For instance, a hijras driving license may be female, voter's identity (other), birth certificate (male), causing public embarrassment and personal humiliation. "Non recognition of the identity of hijras/ transgender persons denies them equal protection of law. They have no recourse to legal protection, in case of sexual assault and rape," she adds.

Dr L Ramakrishnan, country director, Solidarity and Action Against the HIV Infection in India (SAATHII), Chennai, says that in Tamil Nadu, access to transgender benefits vary across districts as screening committees often adopt their own criteria. For instance, some insist that transgender IDs can be given only to those dressed full-time as women or those who have undergone a sexual re-assignment surgery. Even passport authorities in India accept sex change of individuals only after medical certification. But that is precisely where the hitch lies as most transgenders don't have access to sex reassignment surgery as it is available only at private hospitals , and expensive.

But does legality guarantee a better life? "Transgender persons are happy to get themselves registered...but discrimination towards our community continues and will take time to end given that it has existed for years," says Bindiya Rana, who contested Pakistan elections as its first transgender candidate. In a 2009 SC order, Pakistan granted legal status to transgender individuals allowing them to be registered under the computerized national identity cards but change in attitudes, of course, could take much longer.

OTHER COUNTRIES SHOW THE WAY

* Argentina passed the Gender Identity Law, 2012, giving individuals the right to determine their own gender. No third or gender-queer option

* Pakistan computerized national identity card offers three options — male transgender, female transgender or (Khunsa) and male/female transgender

* South Africa Act 49 allows transpersons to change their IDs with a note from a medical professional

* UK: The Gender Recognition Act (2004) recognizes trans-persons if a medical doctor certifies that they have lived with gender dysphoria for two years

* Germany: A new law passed in November 2013 allows parents to register their children's sex as not specified

source: http://articles.timesofindia.indiatimes.com/2013-12-08/india/44941182_1_third-gender-transgenders-ranjita-sinha