UPHOLD THE RIGHTS OF HERMAPHRODITES

WHEN we see hermaphrodites or commonly known as Hijras collecting money from the people for their own maintenance in the streets, our heart skips a little beat with a fear of being harassed. But we never think for a while that what the reason behind they beg for money. 

Hermaphrodites, who have no gender, are neglected in our society. Over the past few decades, hermaphrodites have suffered persecution and ostracism from society and their families. Now, they are detached from their family, society, educational institutions which shattered their confidence to struggle for the survival in the world.  Moreover, our social stigma is that they were born to be teased everywhere. The responsibility we show towards hermaphrodites is to misbehave with them, or we do not insist on making a good relation with them, these attitudes ignore their legal entity and make their life miserable. 

In absence of proper recognition, having no educational qualification, hermaphrodites are not being employed in any private or public company or institution. As an alternative, they are being involved in prostitution for their own maintenance. One of the main culprits behind it is lack of security and awareness. There are some NGOs who are working for hermaphrodites like, Badhon Hijra Shongo, Shocheton Shilpi Shongho. But only these numbers of NGO are not sufficient to take care of Hijra community in Bangladesh as they only aware them of dangerous effect of HIV/ AIDS and gays. 

Unfortunately, in Bangladesh, where approximately 7 million transgender people live in, no specific law has been made for hermaphrodites to lead a normal life. In 1977-1985, when A.K.M. Nurul Islam was the Chief Election Commissioner, a step was taken to permit hermaphrodites to vote in polls as a male. Then in 2001, when voters' list was in process, government also insisted on arranging a fair and free election, many hermaphrodite communities did contact the election commission to legalise their voting rights. But somehow this issue was never resolved.  

Identity crisis is the root of all the discriminations against hermaphrodites. The founder of Badhon Hijra Shongho, a pioneer of Hijra rights movement in Bangladesh pointed out that, why we are not even mentioned in the constitution as a man or woman.  

In various developed countries, hermaphrodites are enjoying their rights as a human being. Germany has become Europe's first country to allow babies with characteristics of both sexes to be registered as neither male nor female. Now, Parents can leave the gender blank on birth certificates. The identity of these hermaphrodites will be written in their certificate as “indeterminate sex”. A majority of countries in Europe give transsexual people the right to change their first name and birth certificates. Several European countries recognise the right of transsexuals to marry in accordance with their post-operative sex. Pakistan granted the rights to vote and run for the office to its transgender, transsexuals, transvestites, eunuchs, and hermaphrodite population. In November 2009, in India, this population already enjoys the right to represent themselves in the state legislative assembly.

Article 27 of our Constitution stated that all citizens are equal before law and are entitled to equal protection of law. Article 28 states that No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution.  Moreover, International Covenants on Civil and Political Rights recognised the right to life and liberty. Bangladesh is a signatory to all these international declarations and thus obliged to honor the right to sexual minority. So government can make any separate special law for hermaphrodites to include them into mainstream of national progress. 

As a developing country we should give hermaphrodites their legal identity. So it is high time government made separate laws for the protection of hermaphrodites and exercised its power sparingly and circumspectly to resolve this problem. We should also make separate educational institution where they will, in a friendly environment, prepare themselves to compete with the general students. 

The writer is Student  of  Law, University of Dhaka.