Transgender rights still a far cry

She was born a boy. She carried her identity -- Mamun Molla -- that her parents chose for her until she stepped into adulthood. With time, she discovered a woman within her and let her come out, to be known as Tanisha Yeasmin Chaity.

Now aged 30, Chaity has many identities -- a transwoman, a rights activist, an entrepreneur -- but none of her legal documents, like national identity card, passport, or educational certificate, gives her protection in her changed appearance.

The government in 2013 through a gazette notification recognised people like Chaity as belonging to the “third gender”. But there is no elaborate definition as to who would come under this category.

No comprehensive policy has been made either in the last six years to change their name and gender in legal documents. So, Chaity and others like her who want to live a different life than what was determined at birth, come across challenges on a daily basis; their documents contradict their claims of who they are. 

The National Human Rights Commission at a programme yesterday brought to the fore the issues transgenders face while navigating through the existing system. The Commission also shared findings of a project on “gender recognition in legal documents” supported by Asia Pacific Forum of NHRIs. 

Speakers at the event said the term “Hijra” had come from centuries-old culture in this part of the world. But it leaves many excluded -- like those who undergo gender reassignment from female to male.

Transgender people are subjected to objectionable medical tests while very few doctors and psychiatrists have knowledge of gender, sexuality and sensitivity towards them, said M Rabiul Islam, deputy director of NHRC, during a presentation.

Moreover, society and family refuse to accept them as who they are. They get bullied and are refused medical services, rent, and opportunities to travel abroad.

The first step should be a comprehensive law or policy to protect their rights, a policy to change their legal identity and a clear definition of who are transgenders, as suggested by NHRC.

Chaity said she had made the journey several times from her home in Rajbari to Dhaka to change her identity in her educational certificates, but in vain. She finally resorted to obtaining her NID in 2007 as Mamun Molla, and a passport with the same name in 2017. Her conflicting identities lead to raising of eyebrows, series of questions and harassment in every step of her life. This has to end, said Chaity and her peers, present at the event.

Neighbouring countries have made notable progress in ensuring the rights of transgender people. Indian Supreme Court accepted self-identification as the principle that should govern gender recognition, with no other requirements like gender-affirming surgeries or hormone therapy. Nepal did it first in 2007.

Pakistan is one step ahead; it made a law last year allowing transgender community to have full recognition in their official documents.

Social Welfare Minister Nuruzzaman Ahmed, present as the chief guest at the event, assured that his ministry would work to facilitate the changes needed to protect the rights of transgender people. NHRC Chairman Kazi Reazul Hoque was also present at the event.