Better late than never

The Bangladeshi social culture needed a breakthrough, it needed to take a step forward to give those human, the rights which belonged to them as a citizen of the independent Bangladesh; the rights which were withheld on the ground that they were not born as a male or female. It was high time that we recognised the existence of hijras in our society in a formal way and gave them the identity they have been seeking for years. The government of Bangladesh finally gave them recognition as ‘hijra’ and the decision was one which made the whole nation proud.
Yet so, hijras lead a life of disrespect in our society- how do we change this? Laws, regulations, formal recognition can do nothing to uplift their life style. We need to change our thought process regarding them by taking them as human beings. When a baby is born we celebrate the birth. Likewise when a hijra baby is born into a family as any other child, a hijra’s entrance into the world should be celebrated. If a baby boy or a girl is a gift for the parents, a hijra baby is a gift too and they are also to be treasured not to be shunned and dishonoured. If they get a life of love and affection at home like you and me, they could as well serve the country better than any other. They could become assets for the country rather than choosing to bully people in the streets or choosing to take prostitution as their profession.
The practicality of the lives of hijras in Bangladesh would show a different picture. Living at margins of the society makes them vulnerable from the very beginning of their lives. Even law is used to threaten them. When hijras as sex workers try to establish a physical relation or when they are sexually abused, they are more prone to be attacked with sexually transmitted diseases. The problem begins when they try to seek medical attention because then the fact that they had consensual intercourse comes out. Eventually they are harassed on the basis of Section 377 of the Penal Code which reads, ‘Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section’. This Section is used in lieu of Section 54 of the Code of Criminal Procedure which provides police with the power to arrest without warrant. These two sections are used to intimidate them and blackmail them when the fact about their sexual relationships is leaked to the society or even a consulting doctor. In many places instead of getting treatment hijras were harassed by being arrested and tortured by the police. Although research has proven that no cases have been filed or tried under Section 377 but it is used widely to bully hijras.
Prior to November 2013, it might have been a farfetched idea to ensure that such practices faced their end but with the recognition given to hijras as a third gender this area of law should be reconsidered. There should be widespread training for the social workers, police, judicial authorities, health workers so that the interaction processes with hijras are better in the future. The fear they face due to the existence of Section 377 effectively puts a barrier between them and right to health, right to privacy and so many other basic rights of the livelihood of a human.
Despite the existence of such practical discrimination towards hijras, it is a proud achievement for the nation that hijras have been given formal recognition. . Although to a westerner this might seem to be a very little achievement but to us it is a matter of pride. We congratulate the hijra community on this eve of Human Rights Day. This is the beginning of a new chapter and we hope to open further chapters in the years to come.

The writer is a barrister-at-law.