India Now Recognizes Transgendered Citizens (But Being Gay Is Still Illegal)

In most of the world, transgendered people face discrimination, social outcast, and threat of violence. The “T” in LGBT, trans people are often left out of the conversation when discussing civil rights for the gay community, and are constantly being sensationalized, misunderstood, or disregarded in the media. And that's just in modern industrialized countries, in poorer nations with long-standing cultural attitudes, the transgendered suffer, a lot. So you'd think a landmark judgment in India last Fall, which seeks to remedy some of these problems, would be good thing...but it just creates a host of new issues in return.

Allow us to explain: The "Hijra" have an ancient history in Indian culture and are paradoxically respected and marginalized. Originally a term for religious eunuchs, the term has expanded over the years to include intersexed, crossdressing, and transgendered persons. "Hijra" is now an all-encompassing term for those who are not cisgendered. Though traditionally seen as having mystical powers, and granting good fortune at weddings and births, hijras also have a history of being ostracized, and driven out of their homes and into lives of poverty. Hijras could not marry, own property, and were often not considered for most types of jobs. On Tuesday, a Supreme Court ruling created a “third gender” status, allowing citizens to identify themselves as such on all legal documents, rather than being limited to "male" or "female." This decision allows India’s transgender population to be eligible for government benefits, given access to education, and more employment opportunities. Most importantly, it goes a long way to de-stigmatize them as a group.

So what's the problem? Well, for starters not all trans people want to be classified as a third gender, and instead still identify as either male or female. These people will most likely feel forced to register as “third gender” in order to gain government protection. And despite its belief in hijra spiritualism, India is still a deeply conservative country and the rest of the LGBT community has long since been clamoring for protection under the law. Most notably, Section 377, originally passed in 2009, essentially outlawed non-heterosexual relationships by banning “carnal intercourse against the order of nature” under penalty of life in prison. It’s hard to say how the newly-recognized transgender citizens will be treated under Section 377, but obviously the fight to have it overturned goes on.

Of course, India is by far not the only country to pass controversial laws regarding the LGBT community. Most recently, Uganda’s President Yoweri Museveni faced fierce international criticism for passing his country's infamous “anti-gay” law in February that banned homosexual acts with threat of life in prison. This was actually a compromise, as the original bill listed execution as a possible punishment. Last summer, President Putin signed a bill banning “gay propaganda” in Russia, which garnered a lot of attention and derision, especially during the Sochi Olympics.

And while, this new "third gender law" does seem to show a sincere effort to correct some of the injustices that the hijras face in India, it still strikes many as hypocritical to grant certain civil rights, while threatening life imprisonment if some of those rights are acted on. Maybe if the Indian government wants to practice tolerance and compassion, they need to consider the rights and needs of the entire LGBT community as a whole, not just one part.

[Pic via Flickr - rahuldlucca]