An Indian hijra dances in Mumbai. Photo: Getty.
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India’s Supreme Court recognises a third gender

The Supreme Court in India has issued a new law allowing transgender people to change their gender on official documents to reflect their gender identity – why are so many European countries still several steps behind?

The Supreme Court in India has issued a new law allowing transgender people to change their gender on official documents to reflect their gender identity. Many newspapers yesterday reported this as India officially recognising a “third gender” – because until the law was passed, transgender people had to register as either male or female. The law is actually more wide-ranging than this because it means anyone can change their gender on official documents to male, female or transgender depending on their self-identity. The term self-identity is crucial here: transgender people in India don’t need to undergo any surgical or medical intervention to change their gender on official documents.

These new laws alone won’t change the discrimination that many transgender people (often called hijra in India) face: many are excluded from mainstream employment and society – to the extent that some hospitals have reportedly refused to treat them – and are regularly harassed by police. It is however an important step in the right direction, because legal recognition can underpin greater social acceptance and community integration. The Supreme Court is also introducing quotas to increase the representation of transgender people in employment and education.

So how does India now compare to other countries in terms of transgender rights? It is hard to find reliable, comprehensive data on laws protecting transgender people worldwide, but Amnesty International  and the International Lesbian, Gay, Bisexual, Trans and Intersex Association both publish detailed reports on the situation in Europe: and they suggest that European countries have some catching up to do when it comes to establishing a legal framework to protect and recognise the rights of transgender and intersex people.

Last year, Germany became the first country in Europe to allow babies to be registered as “indeterminate sex” when they are born with characteristics of both sexes: until then (as in other European countries) parents were forced to assign a gender to their baby, a decision that is often accompanied by surgery to make the child’s physical characteristics conform more closely to either male or female.

Several countries worldwide allow individuals to register as a third gender on their passport applications including New Zealand (2012), Bangladesh (2011) and Australia (2011) , while Nepal has allowed people to register as a third gender on its census since 2007 and Pakistan on identity cards since 2011. In the UK, individuals who are born intersex (around one in 2000 of the population) must be registered as male or female, and often undergo surgery as young babies to “enforce” this assigned gender. 

European countries have also been too slow to allow individuals to change their gender on official documents to reflect their self-identity. In 1992 the European Court of Human Rights ruled that refusing to allow people to change their gender markers on official documentation was a violation of human rights – but still many European countries are lagging behind. The ILGA has published a summary of trans rights across 49 countries in Europe and found that in 16 countries there is no procedure for people to change their gender on official documents. In 24 countries in Europe, trans people must undergo sterilisation before their gender identity is recognised. In other countries they must first be diagnosed as suffering from a mental health disorder and in 19 countries you must be single to change your gender identity. Why should people be forced to make such stark choices?

While the legal system in many European countries fails to recognise individuals’ gender identity, many transgender people are also subject to abuse and discrimination in other areas of life: 35 per cent of respondents to Amnesty International’s survey of transgender rights said they had experienced violence or the threat of violence in the past five years.

The Supreme Court ruling in India is good news for the country’s transgender population, and its impact could be even greater if it forces European countries to face up to some uncomfortable home truths. 

Sophie McBain is a freelance writer based in Cairo. She was previously an assistant editor at the New Statesman.

Gerald Wiener
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From the Kindertransport to Dolly the Sheep: a New Statesman subscriber's story

Gerald Wiener's life has now been turned into a biography. 

In 1997, Gerald Wiener, an animal geneticist, gathered with a group of friends in Edinburgh to celebrate the cloning of Dolly the sheep by one of his former colleagues. He was a respected scientist, who had contributed to the developments in research which led to this ground-breaking development – and a New Statesman reader.

It could have been very different. Gerald was born Horst, on 25 April 1926, to a German Jewish family. Raised in Berlin by his mother, Luise, he grew up under the shadow of the Nazi regime. He was forced out of his school, and left increasingly alone as friends and family fled to the United States and Britain. After Kristallnacht, when Nazis looted and vandalised Jewish-owned businesses, his mother was desperate for her son to escape. She managed to get him included in the last-ditch organised rescue of German Jewish children, which became known as the Kindertransport. At twelve, Wiener arrived in the UK, alone.

For many years, Wiener did not talk much about his past in Germany. Instead, he embraced a new life as a British schoolboy, and later travelled the world as a scientist. But when he met his second wife, the teacher and writer Margaret Dunlop, she began noting down some of his stories. Eventually she encouraged him to share so many details it has become a book: Goodbye Berlin: the biography of Gerald Wiener.

“I was moved by some of the stories, like his mother putting him on a train in Berlin,” Dunlop tells me when I call the couple at their home in Inverness. “I thought - what a terrible thing.”

“I rejected Germany totally for a long, long time,” Wiener, now 91, says. His mother, with whom he was reunited after she also managed to escape to Britain, threw herself into a wartime career as a nurse. “I had one friend from my school days in Berlin, and he was more like a sort of brother to me, but they also left Germany way behind.”

It was during this period of his life that Wiener first picked up a New Statesman. He spent the war years in Oxford, mentored by the Spooner cousins Rosemary and Ruth, related to William Spooner, who gave his name to the speech error.

Then, in the 1960s, his work took him to Germany, where he met fellow researchers. “They all detested the Hitler years,” he recalls. “I started feeling they are no different to me. I no longer felt bitter about Germany.” 

Still, the Nazis' atrocities had left Wiener almost completely without family. He lost his grandfather, aunt and uncle in the Holocaust. His paternal family fled to the United States. By the time Wiener found them again when taking up a fellowship to study in the US in 1956, his father, who survived the concentration camps, had died of a heart attack.

The next decades were spent patching his family together, and also reclaiming a connection to Germany. Wiener’s half brothers, who were born in Shanghai continue to visit. His American nephew, who works in the music industry, has a German girlfriend and lives in Berlin.

Wiener, too, went back to Berlin. In the early 1990s, the city invited former refugees to visit the city, all expenses paid. With some reservations, Wiener and Dunlop took up the offer. “It was quite exciting to go and see places that had been in my childhood,” he says. He also found the old people's home his grandfather had sought refuge in, before being taken by the Nazis.

Meanwhile, his career was taking him around the world, from India to North Korea. His belief in academic collaboration helped to build the momentum for the Roslin Institute, whose scientists eventually cloned the sheep known as Dolly. 

Wiener, who votes Liberal Democrat, wanted to remain in the EU, and he feels “very angry” that 48 per cent of voters have been ignored.

He adds: “I would be surprised if there was a single university or college who was in favour of Brexit.”

As for another of the great challenges of the present, the refugee crisis, Wiener feels a deep empathy for those living in wartorn regions. “Obviously I feel very, very sympathetic to refugees from more or less wherever,” he says. He sees the current German Chancellor, Angela Merkel, who acted decisively on this matter, as “a bit of a beacon”. At the same time, he believes that in order to fully integrate, refugees must make learning English a priority. “When I go down the street, and I hear people who still don’t speak English, that is the one thing that upsets me,” he says.

If Wiener, a successful scientist, is an example of how Britain can benefit by continuing to offer sanctuary to the world’s desperate, there is, however, a dark undertone to his integration. As a teenager, he knew there was no way back to the Berlin of his childhood. “There was no young generation,” he says of that time. “There was no future.”

Goodbye Berlin is published by Birlinn Books.

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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