One of the most neglected people in our society is transgender people. In a secular country like Bangladesh, it is quite astonishing that an entire swathe of the population can be neglected at every level of society, from civil rights to property rights, employment, education, health care, and even many fundamental rights.
According to article 28(1), Individual rights are protected by Bangladesh’s Constitution: “The State shall not discriminate against any citizen solely based on religion, race, caste, sex, or place of birth.” The government has promised to take steps for these people at various points in time, but progress seems slow to a crawl. One major factor might be that transgender people are frequently ill-treated fairly under the law since the appropriate laws are not being enforced.
Although this nation of about 168 million citizens is officially secular, religious outlooks still govern property law predominantly. However, at the time of a parent’s death, most of the property of transgender people is not inherited. There are various causes for this, including the fact that they are socially neglected, socially excluded from such rights, and are unable to achieve legal representation because of the current constitution and lack of enthusiasm in enforcing relevant laws.
Despite the government's assurances that it will change the legislation, anything is yet to be done to tackle transgender property rights.
According to a report by Al Jazeera, Bangladesh is home to more than 200,000 transgender people, most of whom experience prejudice and social exclusion, yet the government estimates that there are only 10,000. However, national policy-makers have recently confirmed voting rights for the transgender. But the exercise of their most basic rights, such as the right to public service and the right to mass education, does not seem to be yielding the desired results. As a result, most transgender people still have to beg for food or resort to criminal behaviour.
Though Bangladesh has recently enacted laws to secure the rights of transgender peoples, the practice of such laws fall way short. A most tragic aspect of ourlegal landscape is that there are no anti-discrimination laws in Bangladesh which expressly protect sexual minorities, nor is there any law recognizing the diversity of gender identity.
In an Indian case, India Naz Foundation vs Government of NCT Delhi, the Delhi high court declared section 377 of the Penal Code 1860 as unconstitutional as it violates equality before the law.
Transgender people in Bangladesh traditionally make their living by dancing, singing, begging, or the unlawful solicitation of sex. One study found that most want to live like other human beings but have failed miserably and have to continue on this path, even if they are reluctant to do so.
Yet, most of the time, they face harassment from the general public, and they do not get any legal support to try and rectify such discrimination. Article 27 of the Constitution states that all citizens are equal before the law and are entitled to equal protection under it. But when they report someone’s name for their insecurity, the police usually do not want to file the report. Because of this, they are continuously harassed, often by law enforcement themselves as well as local bullies, powerful leaders, snatchers, and so on.
Even though the government has acknowledged transgender people as the “third gender,” this recognition is meaningless as they are not getting the opportunity to get adequate education, which directly affects their future employability.
Additionally they do not receive medical benefits from physicians as the staff feel uncomfortable in their service and oftentimes outright misbehave. They are even forced to abandon their families in several situations due to social stigmas. As a result, they either have to conceal their gender identity or become ostracized.
Recognition of transgender people as a third gender should be included in the law itself to encourage society’s acceptance and their access to government services. For that fact, transgender people have to be recognized separately in the constitution, practically in enforcement, not just on pen and paper. Our government can make a transgender welfare board for them to over their rights being upholded, to that end.
Ergo, the government’s quotas for them must be adequately assessed. The government would also be responsible for ensuring that they get legal representation in all cases. Above all, the government needs to ensure that their rights as citizens, right to freedom from harassment and prejudice, right to equality before the law, right to vote, right to livelihood, and right to be represented fairly in the media, and, finally, the right to live as a human being -- with dignity.
Apurba Mogumder is a freelance contributor.
