Legitimising the other The decision of the Election Commission of India to allow eunuchs and transsexuals the choice of registering under a separate sexual identity is a significant step towards mainstreaming an ostracised people who have been treated heartlessly by society. By giving them the choice of registering as "Others," thereby dropping the requirement that they declare themselves male or female, the ECI has freed sexual identity from the trappings of obscurantism and bigotry. This should open the doors to other kinds of official identification and speed up the process of social inclusion. As things stand, official recognition for the third sex is contained in a few government documents - in passport application forms and on ration cards issued in some States, notably Tamil Nadu. The ECI's decision, which will enable the transgendered to contest elections as 'Others,' will give this marginalised community a stronger political voice. The Indian discourse on human rights has largely neglected the transgendered. The law in India does not recognise a third sex, or sex change operations. Nor does it allow transsexuals to choose their own gendered role.
This presents a contrast to liberal and progressive trends elsewhere, where the rights of the transgendered to choose their sexual identities are becoming more and more entrenched. In 2002, the European Court of Human Rights held in a landmark case (Christine Goodwin v/s the United Kingdom) that disallowing transsexuals to change their birth certificates or from marrying in their self-assigned gender roles was a breach of the European Convention on Human Rights. The campaign for transgender rights received a big boost when Barack Obama was elected President of the United States. Commendably, his administration is committed to providing the transsexual community, along with gays, lesbians, and bi-sexuals, the full spectrum of equal rights in civil union and at the workplace. The International Bill of Gender Rights, which was drafted and adopted at a conference in 1993 and subsequently modified, lays down a constructive framework for the right to define and freely express one's sexual identity. It has served as a working model for progressive reform in many countries. It is heartening that the ECI has taken the bold step in favour of the transgendered at a time when the central government's commitment to LGTB rights is wobbly - reflected in its vacillations on the repeal or suitable amendment of Article 377 of the Indian Penal Code, a colonial-era provision that criminalises "unnatural sex" even if it is between consenting adults. Rajesh Asudani Assistant General Manager, Reserve Bank of India Nagpur 09420397185 O: 0712 2806676 Res: 0712 2591349 Doth God exact day-labour, light denied?" John Milton ________________________________ Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this email by error, please notify us by return e-mail or telephone and immediately and permanently delete the message and any attachments. The recipient should check this email and any attachments for the presence of viruses. The Bank accepts no liability for any damage caused by any virus transmitted by this email. To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
