INDI A

SINGAPORE

M A L AY S I A

Notion Press Old No. 38, New No. 6 McNichols Road, Chetpet Chennai - 600 031 First Published by Notion Press 2019 Copyright © Ajay Majumder and Rabin Tarafder 2019 All Rights Reserved. ISBN 978-1-64587-564-2 This book has been published with all efforts taken to make the material error-free after the consent of the author. However, the author and the publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. While every effort has been made to avoid any mistake or omission, this publication is being sold on the condition and understanding that neither the author nor the publishers or printers would be liable in any manner to any person by reason of any mistake or omission in this publication or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this work. For any defect in printing or binding the publishers will be liable only to replace the defective copy by another copy of this work then available.

People who are suffering from Identity Crisis.

Contents

Preface13 Chapter 1  Idea of Gender

17

Definition of Gender

17

Classification of Gender

18

Identity of Gender

19

Gender in South Asian Languages

20

Gender Identity

20

Feminism Theory and Gender Studies

21

Social Construction of Sex Hypothesis

22

Gender Roles and Responsibilities

22

Taxonomy of Gender

24

Chapter 2  LGBQ Community or Fourth Gender

28

Lesbian28 Manifestation of Self-Identity

31

Scientists View Regarding Homosexual Depression

33

Case History

35

Lesbian Marriage

36

Gay37 Previous Concept of Homosexuality

38

Brotherhood of Kumars

39

5

6  |  Contents

Contribution of Havelock Ellis and others

40

Efforts for Struggle

43

Controversy Regarding Rights

44

Some Information About Gay

47

Bisexual49 Relation Between Bisexual, Transsexual and Transgender

51

Bisexual Pride Flag

53

Sexuality Scale of Kinsey

56

Queer 

59

Pansexual 

61

Chapter 3  Life of Transgender or Third Gender

62

Classification of Transgender

63

Sexual Identity

65

Taste of Femaleness Through Acting

74

Female Transgender

80

Sex-Identity and Trans-Sexualism

81

Information about Some Transgenders from their Own Diary 

84

Transgenders Converted to Hijras

88

Social Customs of the Hijra Community

92

Living Pattern

97

Economic Life

108

Primary Profession

108

Secondary Profession

110

Code Language used by the Hijras 

112

Hijra Vocabulary

113

Customs of Hijra Life

123

Dresses and Ornaments

125

Customs about Obsequies 

125

Community Health

128

Contents  |  7

Cirrhosis129 Sexually Transmitted Infection (STI)

131

Observance of Religious Rules and Rites

134

Chapter 4  Castration

138

1.  Introduction 

138

2.  Definition of Castration 

138

3.  Classification of castration

139

4.  History of Castration

140

5.  Process of Castration

143

Chapter 5  Sex Change

163

Why the Question of Sex-Change Arises

164

Sex-Change in Indian Mythology and Literature

164

Types of Reassigment Surgery and their Procedures

168

Chapter 6  Transgender Marriage Festival & Sexual Life

172

Group-A172 Transgender Marriage 

172

Importance of the Koovagam Village

175

Importance of the Festival

175

Group-B177 Sex Life

177

Sexual Relationship in the Hijra Khol

179

Group-C182 Sex-trade182 Torture in Disguise of Sex-Trade

184

Lagan185 Homosexuality in India and Bangladesh

187

Hijra Sex-Workers 

189

Hijra sex Workers in Kolkata (1997–1998)

192

8  |  Contents

Chapter 7  Scientific Analysis of Transgender

195

Perspective of Manifestation

195

Anatomical Reason

196

Temporal Labe Abnormalities

197

Hypothalamic Region

197

Chromosomal Responsibility

197

Torture in the Name of Treatment

198

Physiological Genetical Reason

199

Sex Determination

201

Sex Ratio (1:1)

201

Theory of Genic Balance as Appliied to Sex Determination

202

The Figure (as shown below)

202

H-Y Antigen Research

203

H-Y Antigen and Sex Determination

204

Deformity of Hormone 

207

Temporal Lobe Abnormalities 

208

Hypothalamic Region

208

Synthesis of Modern Views

209

Chapter 8  Psycho-Social Problem of Transgender

211

Transgender: From Psychological Point of View

211

Difference between ‘Gender Identity Disorder’ and ‘Gender Dysphoria’

212

Melancholy and Alienation

213

Recommendations of the Australian Psychological Society

217

The Life and Personality Pattern of Eunuchs as Observed in Calcutta City

219

Suicidal Trend of the Transgender

228

Prediction of Suicide is Possible

232

Dr. JohnMann’ Research on Suicide

233

Contents  |  9

In the form of a Chart

234

Our Own Survey Report

235

The First Survery those who Committed Suicide

236

The Second Survey: Those who Attempted Suicide but Failed

236

How Transgenders’ Suicide can be Prevented

237

Chapter 9  A World-wide Review on Transgenders

239

1. Australia

240

2. Argentina

241

3. Bolivia

242

4. Belgium

243

5. Brazil

244

6. Bangladesh

244

7. Canada

245

8.  Czech Republic

245

9. Chile

246

10. Columbia

247

11. China

248

12. Denmark

248

13. Egypt

249

14.  Ethiopia 

250

15. Finland

250

16. Greece

251

17. Indonesia

252

18. Iraq

252

19. Italy

253

20. Japan

254

21. Malaysia

255

22. Mexico

256

10  |  Contents

23. Newzealand

257

24. Norway

258

25. Pakistan

259

26. Paraguay

260

27.  Portugal 

260

28. Srilanka

261

29. Sweden

262

30. Switzerland

263

31.  United States

264

32.  United Kingdom

265

33. Venezuela

266

Chapter 10  Law Vis-A-Vis Transgender Rights

267

Introduction 

267

International Scenario Vis-À-Vis Transgender’s Right

277

United Nations and Other Human Rights Bodies – On Gender Identity and Sexual Orientation

280

Yogyakarta Principles:

281

Legislations in Other Countries on Tgs

297

Position in India

306

Article 14 Right to Equality Vis-A-Vis Transgenders

311

Articles 15 & 16 Right Against Discrimination Vis-À-Vis Transgenders

312

Article 19(1)(A) Freedom of Speech & Expression Vis-A-Vis Transgenders

314

Article 21 Right to Life Vis-A-Vis the Transgenders

315

Legal Recognition of Third/Transgender Identity

316

Sex Re-Assignment Surgery (Srs)

320

Sexual Rights Vis-À-Vis Section 377 of the Indian Penal Code

320

Interpretation of S.377

323

Contents  |  11

Affidavit of Naco/Ministry of Health & Family Welfare

327

Sec. 377 Vis-À-Vis Aids Control

330

Hiv Prevention Is State’s Responsibility: India No Exception 

331

Constitutional Perspective and Vires of S.377

332

S.377 of Ipc Violates Art.14

332

Prescribed Punishment Disproportionate to Proscribed Activity

338

Section 377’S Sexual Orientation Discrimination Forbidden Under Prohibition of Sex Discrimination

338

Section 377 Violates the Fundamental Freedoms

340

Section 377 Is Violative of the Right to Life Guaranteed Under Article 21

343

Private, Consensual Sexual Relations are Protected Under the Right To Liberty Under Article 21

344

Fundamental Right to Privacy Under Article 21 May Only Be Abridged By a Compelling State Interest

349

Application of International Law to the Interpretation of Fundamental Rights

351

Morality No Grounds to Restrict Rights

354

Discrimination on the Ground of Public Morality Ultra Vires

355

Sexual Act or Sexual Orientation

355

Wolfenden Committee Report

355

Legal Status of Homosexuality

358

Recommendations of the Law Commission of India

358

Decriminalization Has No Negative Consequence

359

Section 377 Implemented Against Predominantly Homosexual Conduct

359

Section 377’S Damaging Impact Upon the Lives of Homosexuals 360 Homosexual Relations are Not ‘Unnatural’

360

Section 377 and Child Sexual Assault

362

Issue of Cause of Action Is Now Moot

362

12  |  Contents

S.377 Vis-À-Vis Dignity of Homosexuals

362

Keep Religion Out of the Gay Debate 

365

PRESENT STATUS

368

The Transgender Persons (Protection of Right) Bill, 2016

369

Drawbacks of the Bill Vs-A-Vis Recommendations

371

Conclusive Layouts

373

Acronyms375 References377 From Daily News

388

Index390

Preface

He wants love, instead of that he gets hatred and suffers many privations. The whole world seems to be lone to him, it laughs at him. His heart aches and a drowsy numbness pains his sense. The society becomes the lyingin-room of his melancholy. A group of persons living in the same society remains completely unknown to us though they are the people of ours. Those who belong to his category can identify him perfectly. I had no idea at all about the community and consequently I had to follow them along with my associate Dr. Niloy Basu with an obscure and inquisitive outlook. They took enough time to consider us to be their own men. We are talking about the Transgenders. We had a misconception that a transgender or Eunuch means a person having congenital sexual deformities or a person who is a hermaphrodite. When we first got acquainted with Basanti Hijra of Santipur, Nadia district and Dr. G.B. Mukherjee, professor & Head of the department of Forensic & state medicine, Medical College & Hospital Kolkata, confusion dispersed. Then opened our eyes to analyse anything related to a transgender. Some people with a problem-ridden condition have to live with the mainstreamers, though they are in fact, transgenders. None is there to hear them. We met some persons detached from their fellow-men and their families. They were involved in an NGO called ‘Prantik’ Bongaon. The word ‘Prantik’ was used to mean the people living in the marginal communities. On the other hand the organisation was situated at Bongaon which is standing near the Indo-Bangladesh border. Many people came forward and extended their helping hands cordially. One of them was prof. Ashokenath Basu, the then vice-chancellor, Jadavpur University. The aim of the society was to bring all the members back to the mainstream of the 13

14  |  Preface

society and to engage those downtrodden transgenders in the works of the mainstreamers and to make them aware of health and education. We spent time with the people of the community, mainly identifying the daily works of their devastated life. Probably we could not share the problems equally with all of them but we succeeded in doing it to some extent. So we like to share our experience with all of you what we have come to know about them. From the very beginning Dr. Niloy Basu supervised all the works of the society with sincere efforts. I think his innovative outlook helped the community to a great extent so that the transgenders might be properly rehabilitated. Besides transgender community ‘lesbian’ ‘gay’ and ‘bisexual’ members got involved in our organisation with a view to having mutual discussion among themselves. Seminars were arranged to exchange opinions. I along with Niloy Basu wrote three books in Bengali on different issues of Transgender life. This time ‘Prantik’ got acquainted with other community organisations throughout West Bengal. There was a time when a network organisation called Manas Bangla started functioning all over West Bengal. ‘Manas Bangla’ played a very effective and significant role with about three hundred and fifty employees. Unfortunately the organisation had to face an acute financial crunch and it got extinct. I started proceeding simply alone immediately after the year 2008. Some unwanted situations impeded my dynamic approach and I got deviated from my work. I wrote some books related to social problems in order to create public awareness in respect of health and environment. Time came when I again devoted myself to my own research work as I was requested by many well-wishers and I myself became enthusiastic. By this time I was invited to deliver lecture in a national seminar conducted by Khejuri college, Paschim Medinipore. I had also lectured in respect of HIV/AIDS in different colleges. In 2009, I participated in a teaching-Learning study programme regarding HIV/AIDS as the representative of the national AIDS control organisation (govt. of India) through VSO India. The study programme was held in Zambia Africa. Proximity with the people belonging to different communities of Zambia made me enriched about my subject. I have also come into contact with some major NGOs of the world.

Preface  |  15

I had confusion if I would be able to put down the proper information in proper places but I got over. A teacher friend of mine, interested in the subject came forward to assist me in all respects. He is my co-author Mr.  Rabin Tarafdar who shouldered tremendous responsibility equally with me to make the book worthy to be brought out. The book has been arranged in ten Chapters. The last Chapter deals with Transgender Law. The responsibility of writing this chapter was assigned to two prominent lawyers. They are Mr. Tathagata Biswas, Advocate, krishnanagr Judge Court and Mrs. Trisha Majumder, Asstt. Professor, JRSET College of Law affiliated to Kalyani University. They have performed a mammoth task by writing this significant chapter. The rights of the LGBTIQ as enjoyed in different countries throughout the world, have been incorporated in the 9th Chapter of the book. If someone becomes inquisitive and asks a question related to the extent of sexuality, it would be very difficult to find out the correct answer. We have committed mistakes and again we have tried to get them corrected. We admit that there might be enough mistakes. It would not be irrelevant to mention that to understand the subject, a thorough study of Bio-informatics, rearing, molecular Biology, psychology and genderidentity is needed. If the book can show the readers a new light regarding the subject, our endeavour will be successful. Dated: Thirthy first July, 2019 Bongaon, West Bengal

Ajay Majumder

A Scientific Aspect of Transgenders depicts the life, problems, livelihood, social position, language, customs and other information about the transgender community and people belonging to other parallel sexual communities in picturesque language. The book is an analytical and fundamental study. It deals with the life of transgender people as well as lesbian, gay, bisexual, queer and inter-sex persons. The authors have put special emphasis on the Fourth Gender by discussing LGBQI in a separate unit. There is a belief that all the transgender people are sexually congenital. But the truth is that they are not born but made. Their code language, marriage, sexual life, rituals, their movement in this country and abroad and the cause of their suicidal trend have been explained in this book.

Ajay Majumder Ajay Majumder, born on 2 December 1955 in Bongaon, West Bengal, does research related to the transgender community and people belonging to other parallel sexual communities. He has excavated a good deal of hidden facts about the communities. He published his first book in 1997 and has published three more books on this subject. He has been researching for the last 27 years with untiring efforts to decipher the untold story of these communities. He visited Zambia to attend a learning and study programme related to HIV/AIDS as the representative selected by NACO in collaboration with VS0 India. He is associated with an open university as an MSW dissertation guide. Rabin Tarafder Rabin Tarafder was born in Bongaon, West Bengal on February 2, 1952. He writes essays and articles on literature, history, sociology and many other subjects related to state and society. He has always been inquisitive to know about the mysterious life of the transgender community. When Ajay Majumder gave him the proposal to carry out an uncommon work on transgender life, he came forward and agreed to the proposal. This book is the outcome of their joint efforts. He is closely associated with some social and philanthropic organisations which serve humanity in a ceaseless flow. He closely observes the society and human being from a multi-dimensional approach and writes what he perceives. He is also interested in ensuring Human Rights to all sections of people of the society. Price 499