Transgender law must retain self-identification: Trans activist Maya Thakur
Thakur, a trans woman from Solan’s Kothi village, said that the identification of transgender individuals should be made by the medical board based on their emotions, not their genitals.
The measure amends the 2019 law, replacing self-identification with the “medical board” model. It also requires that surgeries be reported to regional authorities and excludes those with sexual orientations that perceive them to be different.
“I was born a man but I identify as a woman. My identity is that of a trans woman, we are unisex, we are not eunuchs,” she told PTI, adding, “We live in an independent country and every citizen has the right to live as he wishes.”
He called for an amendment to the recently passed law to include identification.
“While verification is indeed necessary, it should be done through authorized officials of the government and not under pressure from any community, starting with eunuchs who do not allow medical examination because they earn more as eunuchs,” he said.
In a letter addressed to the Secretary, Ministry of Social Justice and Empowerment, Government of India, he made some suggestions and said that the practice of forcibly taking babies by eunuchs should be stopped. “Independent individuals are being harassed under the pretext of determining whether they are ‘real’ or ‘fake’ transgender individuals, negatively affecting their mental peace and professional careers. The law should include provisions that provide protection to transgender individuals who do not want to be part of a particular Dera or ‘traditional community of eunuchs,” he added.
The law provides penalties for physical, sexual, verbal or emotional abuse against transgender individuals. But he said the changes make legal recognition more difficult.
There are around 35 people belonging to the third gender in Himachal Pradesh.
Drawing the government’s attention to the section of the transgender community that is trying to establish its own identity outside the traditional ‘Kinnar culture’ by pursuing respectable employment, he said that educated transgender individuals who aspire to be self-sufficient often face intimidation and pressure from traditional castrati communities.
“We should be granted the right to work within the social mainstream, preserving our individual identities, without any interference from outside communities,” he said, adding that the social and employer perception that “every transgender person is a castration constitutes the biggest obstacle to our professional advancement.”
He said the definition of the term ‘Transgender’ in the law should be clear enough to ensure that a working individual is evaluated based on his professional qualifications and not just on his traditional identity.
Thakur, who previously worked for an NGO in Delhi, advocates for transgender-related courses to be included in educational curricula in countries like Canada; This ensures the right to an educational environment free from discrimination and harassment and to use bathrooms consistent with their gender identity.
His remarks came just days after President Draupadi Murmu received the assent of a law that provides for graduated punishment for bodily harm to transgender people.
The opposition had criticized the law for excluding self-defined gender identities.
An authority was created to determine whether a person is transgender, a provision that also faced opposition.
According to the Ministry of Law’s notification dated March 30, the amended law will come into force on the date to be determined by the Central Government with a notification to be published in the official gazette.
