Equal by law but not in reality

Photo: Darshan Chakma

The government recognition of Hijras as a separate gender was greeted by the marginalised community with great joy and hope. The law entitles them equal rights that every Bangladeshi enjoys. The government has also initiated a series of benefit schemes and affirmative actions for the transgender community, such as creating job opportunities and loan facilities for them. But the ground reality is quite opposite; transgender people are still being denied government facilities due to the lack of required administrative arrangements to implement the law.

Recently, the Social Welfare Department planned to employ 14 Hijras in minor positions in the country's first quota scheme. But the programme is now in shambles, as 12 of those who were selected for the jobs were classified as "full-grown males" in the required medical test.

Shale Ahmed, Executive Director of Bondhu Social Well Fare Society Bangladesh, an organisation working in the country to develop the conditions of transgender people said, "At present, a major problem arises with the identification process of Hijras. The government prescribed medical test is a controversial system."

But it is not enough to do medical tests to conclude who is transgender, said Joya Sikder, Head of a transgender group called Somporker Noya Setu. Sikder suggested the inclusion of psychologists and elders of the Hijra community in the process.

Another major problem for them is that governmental officials are not sensitised about the rights of transgender people. "We are often obstructed from entering government offices. Even if we manage to get in, we have to wait until other people are done with their job. Even then, government officials often decline to talk to us," said Hasna, a transgender from Motijheel.

In 1871, British administrators passed the Criminal Tribes Act in India, outlawing the country's Hijras as a "criminal tribe"; this was later repealed in 1949. In Bangladesh they are now considered to be 'equal citizens'. But it seems that negative attitudes and discrimination towards Hijras still persist among the all-powerful public 'servants.'

The government has fulfilled the first step of its commitment by recognising Hijras as a third gender. However, it needs to reform the governance structure to create a conducive environment for transgender people who will not be discriminated for having a different gender identity beyond the male-female binary.