Choice, not biology, must define transgenders

A change in the law will be a step towards giving them their political rights

It could be a change for the better. If the Centre indeed tweaks the definition of transgender persons in the proposed Transgender Persons (Protection of Rights) Bill, 2016, it will be a step towards undoing some of the discrimination routinely meted out to them. The change in definition could empower transgender persons with an option to choose their gender independent of surgery or hormones. Reports suggest that the social justice ministry is examining whether to do away with a contentious definition in the bill which concentrates on the biological features of an individual rather than an individual’s freedom to choose their gender.

The contentious clause in the Transgender Persons (Protection of Rights) Bill, 2016, defines a transgender as “someone who is neither wholly female not wholly male, a combination of female or male or neither female nor male and whose sense of gender does not match with the gender assigned to the person at the time of birth.” This definition fails to recognise that many persons are born with ambiguous sexual organs, whether external or internal, and identify themselves as male, female or transgender. The existing definition is at odds with that followed by the rest of the world, where transgenders have been granted the right to self-determine and to seek benefits according to such identity. Terming the existing definition “primitive and unscientific”, the parliamentary standing committee on social justice has proposed a more nuanced definition of transgenders: “All persons whose own sense of gender does not match with the gender assigned to them at birth.” Accordingly, they will include trans-men and trans-women (whether or not they have undergone sex reassignment surgery or hormonal treatment ) genderqueers and other identities such as kinnars, hijras, aravanis and jogtas, etc.

An empowering piece of legislation could be a good beginning. It is time the government does away with a definition that most transgender people and a big part of the civilised world view as both outdated and outrageous.