An Indian hijra dances in Mumbai. Photo: Getty.
Show Hide image

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.

Getty
Show Hide image

Scarred lands: visiting the villages Boko Haram left behind reveals the toxic legacy of terrorism

The progress and challenges of Nigerian communities rebuilding after Boko Haram’s insurgency begins to wane.

“Sometimes it’s when I go to bed that what happened comes back to me.” Two years ago, Boko Haram militants stormed into 23-year-old John Amida’s home late at night in a village in Gwoza, Borno State, northeast Nigeria. Shielding his eyes with his hands from the torchlight saved his life. He shows me the mark in the centre of his forearm where the bullet aimed for his head went instead.

“All my friends were either killed or abducted,” he says. “I don’t try to forget what happened because it’s not possible; it’s with you even when it is not in your mind. The best thing is just to keep on living every day.”

After a broadly effective 18-month military campaign, Boko Haram remains a deadly yet waning force. Many communities once occupied by Boko Haram are now liberated. In Adamawa, just south of Borno, over 630,000 people previously displaced by Boko Haram have returned home.

With them, over 170,000 internally displaced people (IDPs) now live in camps, or – like John and his family – in host communities. He and his family live in a home vacated and lent to them by a local. All over Adamawa, IDPs live in homes shared with residents or given to them temporarily in exchange for help, crops or token sums of rent.

Adamawa is a serene, largely rural, mountainous state. Even deep into the dry season, driving through the roads that cut between its vast countryside, its land is incredibly scenic. But within local communities, in more rural, isolated villages north of the state’s capital, Yola, the picture is more complicated.

Gombi, a small town a few hours’ drive from Yola, was recaptured from Boko Haram in late 2014. Much of what was destroyed in the insurgency – shops and small businesses – have been rebuilt or replaced. The local government buildings have been largely restored. The impact is still visible but, according to locals, decreasingly so.

But in less urban areas, like in Garaha, a village in Adamawa, rebuilt homes sit next to broken, abandoned houses, churches, mosques and buildings blackened by the fires that damaged them. Local government officials say the damage across Adamawa by the insurgency has set the state’s development back by a decade. Funding for rebuilding the state, which local governments complain is insufficient, is concentrated on urban areas.

According to Chief Suleimanu, a traditional ruler in Garaha, mental health issues are widespread but few are financially able to access support. While some people have been able to move on, others are still dealing with the consequences.

“Many couples and families have separated,” he tells me, detailing how in some couples one partner feels attached to their home while the other can’t face returning, or feel there is little to return to.

“The same with the children, some of the young people have gone to bigger cities like Kano or Abuja because of a lack of opportunities.”

Many returnees, who left camps in Cameroon to come back to Adamawa, are from families who have lived in their villages for generations. Their ancestral roots anchor them to their homes because their farmland is their main source of income. Non-agriculture-based industries provide few jobs. For many people, fleeing their homes meant abandoning their livelihoods.

As of 2015, 52 per cent of people in Nigeria lived in rural areas. Their relative isolation is a blessing and a curse. Larger rural spaces provide them with adequate land to cultivate their crops – but it also leaves them exposed.

During Boko Haram attacks on Garaha through to early 2015, there was minimal protection from security forces who often take hours to arrive.

For many people living in rural Adamawa, life is getting harder and easier at the same time. Armed herdsmen, mainly from the Fulani ethnicity have become a greater threat across Nigeria, partly due to tensions between land ownership and cattle grazing.

According to locals, killings by herdsmen have increased this year. But villages are addressing their vulnerability. Armed vigilantes, some of which formed due to the lack of military protection against Boko Haram, are increasing. The police services are often too far away or too under-resourced to protect them. But some vigilantes now have more weapons and vehicles due to help from state services and locals. It is not an ideal solution but it has made places like Garaha safer.

With this new-found relative safety, villagers have begun farming again. With cash grants and donated tools from charities like Tearfund, it has been easier for thousands of people to begin cultivating land. In many villages there are small, lively recreation centres where young people play snooker and watch sport. Many of their places of worship have been rebuilt.

But the situation is grimmer in communities where such charities are not present.  Without resources, state or non-government help, rebuilding is a real challenge.

Adamawa is a state maxing on its credit of hospitality, relative safety and appreciation of agriculture. A recession in Nigeria and a severe food crisis in the northeast have added pressures on returnees and IDPs. Liberated communities will need more help and attention before they truly feel free.

Emmanuel Akinwotu is a journalist based between Lagos and London who writes about Africa, migration, and specialises in Nigeria.