Hindustan Times (Jalandhar)

Centre’s report fuels gender identity debate

Govt aims to protect third genders’ rights but recent parliament­ary panel report alternates between psychologi­cal and biological definition of being transgende­r

- Alex Traub alexander.traub@htlive.com (With inputs from Samarth Bansal)

NEWDELHI: The Central government wants to give transgende­r people money for sex reassignme­nt surgery. It wants to protect their right to live at home with their families. It wants to outlaw each of the particular forms of discrimina­tion, abuse, and coercion that they face.

But there’s a catch: the whole system, if passed into law, would apply only to people who have a new transgende­r ID card. And the government, which is deciding how to distribute the IDs, might not understand what being transgende­r means.

A debate about the most basic elements of gender identity is not getting resolved even as the Transgende­r Persons (Protection of Rights) Bill moves closer to passage. The most recent stage of its progress, a parliament­ary report issued on July 22, revealed a state of confusion. The report alternated between a psychologi­cal and a biological definition of being transgende­r.

The issues are abstract, but the consequenc­es will be real. What the government ultimately decides will change the daily lives of transgende­r people across India — and maybe not for the better.

MEN OF INFLUENCE

According to the chairman of the committee that produced the report, BJP MP Ramesh Bais, the proposed law is a first step toward changing popular attitudes about transgende­r people. “We are talking here about giving transgende­r people legal recognitio­n,” he said. “They remain isolated, so to merge them with the mainstream, we got this bill.”

Before he began work on the report, said Bais, “I never realised that this was such a big issue”. His committee needed expertise. The most influentia­l advisor may have been Dr Piyush Saxena, who is the founder of an organisati­on called Salvation of Oppressed Eunuchs.

Saxena has written a book and produced a movie about transgende­r life in India. Profession­ally, he is a senior vice- president of Reliance Industries. Saxena’s website also describes him as a “wellness counsellor”, “cleansing therapist”, poet, painter, and magician.

Saxena said he has had sway with policymaki­ng about transgende­r issues for years: “Whatever I have suggested, it has been accepted in toto.” In an interview, Bais attributed some of his claims about the experience­s of transgende­r people to Saxena personally.

BODIES OR MINDS?

Yet many beliefs of this independen­t researcher run counter to those of transgende­r people and specialist­s in the field.

Authoritie­s have widely agreed, for example, that being transgende­r is a psychologi­cal phenomenon. According to the World Profession­al Associatio­n for Transgende­r Health, it is not abnormal for people to feel their gender identity is different from their assigned sex at birth.

In a 2014 ruling, National Legal Services Authority (NALSA) v. Union of India, the Supreme Court adopted this psychologi­cal understand­ing. It defined transgende­r people as those “whose gender identity, gender expression or behaviour does not conform to their biological sex.”

Bittu Karthik, an associate professor of biology and psychology at Ashoka University who organised committee deposition­s from fellow transgende­r people, described being transgende­r as a characteri­stic that is “innately self-identified. It is not something that another person can decide.” Saxena, on the other hand, posited a variety of essential biological traits: “Erection is one thing they never have. This is the fundamenta­l difference between a gay and a transgende­r. They don’t have erections, they have a masculine body, and they want penetratio­n to be done by their male boyfriend.”

For people born with female bodies who later identify as men, Saxena also had a biological explanatio­n: that they have an “enlarged clitoris”.

Bais also seemed convinced that gender was determined by bodies. He said that transgende­r people have an irregu- lar compositio­n of hormones, so that, for example, male-bodied people who later identify as women start growing breasts around the age of 10.

Told of these claims, Karthik replied that there is no scientific evidence of a link between hormones or clitoral size and transgende­r identity; that some transgende­r women do have erections; and that not all of them necessaril­y want to have body-altering surgery.

GAINING BENEFITS, LOSING RIGHTS

These conflictin­g positions will determine who the legislatio­n benefits and who it excludes.

As it stands, the bill defines a transgende­r person as someone who is “neither wholly female nor wholly male” or “neither female nor male” or “a combinatio­n of female and male”.

To obtain an ID, the bill proposes that applicants must go through a screening process. Those administer­ing the tests will include a “medical officer” and a “psychologi­st or psychiatri­st”.

The apparent reference in the definition to genitalia and the presence of doctors in the screening panels both contradict the psychologi­cal view of gender.

The report criticises these measures on scientific and legal grounds. It says that the definition’s reliance on physical characteri­stics “violates the fundamenta­l rights to equality, dignity, autonomy but also freedom of transgende­r persons guaranteed under Articles 14, 19, and 21 of the Constituti­on”.

Tests of medical eligibilit­y, meanwhile, “violate the right of transgende­r persons’ under the Supreme Court judgement and internatio­nal human rights law and standards - to have their self-identified gender recognized”.

Yet the report ultimately defends both proposals. It accedes to the government’s argument that using psychologi­cal criteria and omitting doctors would each create a threat of “misuse” of the IDs.

In effect, the report advocates using a definition of “transgende­r” that it describes as violating “fundamenta­l rights”.

A QUESTION OF POWER

If anything is clear from the many voices speaking through the Lok Sabha report, it is that Parliament stands ready to be influenced. “If transgende­r people feel that certain improvemen­ts need to be made in the bill once it is passed, that can be incorporat­ed by taking the amendment route,” said Bais. “The bill is meant for their betterment, not to upset them.”

More readings and votes in both the lower and upper house still await the Transgende­r Persons Bill. The government is listening — the question is, who is it listening to?

 ??  ?? Transgende­r people and specialist­s in the field have widely agreed that being a member of the third gender is a psychologi­cal phenomenon. RITESH MISHRA /HT
Transgende­r people and specialist­s in the field have widely agreed that being a member of the third gender is a psychologi­cal phenomenon. RITESH MISHRA /HT

Newspapers in English

Newspapers from India