SOMETHING TO THINK ABOUT : “The Third Gender: a role of blessing or despise”
While
there are likes of ”Padmani Prakash” and “Madhu Bai Kinnar” which exhorts us to
believe in the capabilities of humans ; at the same time the “Third gender” is
an ambivalent community lost in the drudges of powerful and an all pervading religious structure.
While
the author started to deconstruct the strands of this four thousand old
tradition imbibing community, the author realised the magnitude of its nature. ‘Hijras’ or ‘eunuchs’ have been mentioned in
the mythological texts such as Kama Sutra, Ramayana and Mahabharata holding
religious positions of power and administration. Also, one of the many forms of
Shiva, a principal Hindu deity, involves him merging with his wife, Parvati, to
become the androgynous Ardhanari, who holds special significance to
many in the hijra community.
Keeping
in mind the religious sanctions of time and their specific roles in the Indian
Society, the author fumbled upon a recent inter-personal experience. Commonly
the third gender has been assigned with the figment of the culture mores of
blessing a newly married couple and newly born male children in the families,
whereby the members of the community come in a group to ask for a monetary sum
in return for their blessings. Just a few days back, when such an occasion
landed four members of the community at a neighbour’s house, the author was
forced to question the prevalent social norms and how it has become a bullied
business.
It
might sound cruel or even inhuman, challenging the very same premise, but since
when did a demanded sum of money by the third gender backed up any legal
sanction?
Amusingly, never.
Yes, there have been a few High court
judgments where the honourable courts have taken a minority view of the fact
that “an already suppressed community shall not be suppressed further”, but
isn’t that the very same premise if reasonably questioned brings us to the
point of plainly calling it as a “scape-goating” act.
The
transgenders have been cornered and despised by the society yet their
assimilation only finds mention when members of the same cornering society are
scared to face their abuses and curses to save themselves from the fear of
facing any unfortunate circumstance, they pay up the requisite money and get
rid -off the social custom. Such a contradiction is far away from any real
assimilation of the third gender community in the societal set up whether it is
related to their rehabilitation or employment.
The dark allies of gender roles have
over powered human rationale and there is a need to ask and probe our own acts.
The Supreme Court in a bold step managed to create ripples through the
judgement delivered in National Legal Services Authority v. Union of India & Ors. [Writ Petition (Civil) No. 400 of 2012 (‘NALSA’)] by a division bench of Justices K.S. Radhakrishnan and
A.K. Sikri. By recognising diverse
gender identities, the Court has broken the binary gender construct of ‘man’
and ‘woman’ that has pervaded Indian law via inclusion of a third category in
recording one’s sex/gender in identity documents like the election card,
passport, driving license and ration card; and for admission in educational
institutions, hospitals, amongst others.
Society is a construct of man’s
psyche and if that psyche starts feeding on negative social mores and
practices, the repercussions are far and many. As prevention is better than
cure, it is for each one of us to rise above certain dogmas and entertain
constructive measures to encourage betterment of this particular community. Aiding
donations, health care services, providing them with free food and sanitation
are far better means of acting humane than encouraging outrageous acts of fear
and subjugation in the name of religion and godliness.
“We
can’t help everyone, but everyone can help someone.”
-
Ronald Reagan
Ms. Raveena Sarao
Assistant Professor
School of Law
Jims, Greater Noida
Comments
Post a Comment