Rights discourse of <i>Hijras</i>
Hijras, who are neither male nor female, is a community of Bangladesh. This is regretful to mention that unlike other majority groups, Hijras have no socio-legal recognition and hence they are not subjects of any social benefits and human rights discourse offering rights to any particular group though the Government of Bangladesh recently recognised them as a separate gender. However, none of historical, social or, biological arguments deny their vey humanity in essence. If this premise has epistemological and factual truth that they are human, there should not be any legitimacy of denying them legal recognition as person and their natural rights.
Factually, it seems almost inevitable that the Hijras represent the most vulnerable among the marginalised groups, unlike other groups since their non-recognition by the legal regime. This dejection bears the likelihood to produce more social isolation bringing more poverty and sufferings. As it is mentioned, their isolation from legal recognition or empowerment discourses in no way legitimises their not being subjects of law or rights.
Article 27 of the Constitution of the People's Republic of Bangladesh provides that, all citizens are equal before law and all are entitled to equal protection of law.
So, being citizen of Bangladesh by born, Hijras have the constitutional and fundamental rights to be treated equally before law as other citizen treated. Article 28(1) of the constitution provides that, the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
Further in accordance with Article 28(3) there is no scope of discrimination among the citizen only on grounds of religion, sex, caste, race or place of birth and it is the fundamental rights of every citizen including Hijras to access any public entertainment or admission to any educational institution. But the present situation of Hijras is very much poor as there is no system of accessing to any place of public entertainment or admission in educational institutions. In addition, all the citizens have the fundamental and equal rights of opportunity of employment in the service of the Republic. But the Hijras are also neglected in the sector.
For the recognition, protection and promotion of Hijras rights the following steps may taken by the Government-
- Making special provisions for the recognition, protection and promotion of the rights of Hijras as the backward sections of citizens.
- Making system of rehabilitation for the Hijras.
- Establishing special educational system for the Hijras.
- Ensuring free educational system for the Hijras.
- Ensuring the participation of Hijras in national life.
- Creating awareness among the common people about the rights of Hijras.
T. M. ABEED HASAN
Student of LL.M. BUBT
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