TIME TO DISCOVER DONNE IN INDIA
John Donne is oft quoted author but none give him the credit. He wrote a book titled Devotions upon emergent occasions and several steps in my sickness – mediation XVII in 1624. In this work, he writes: -
All mankind is of one author, and is one volume; when one man dies, one chapter is not torn out of the book, but translated into a better language; and every chapter must be so translated...As therefore the bell that rings to a sermon, calls not upon the preacher only, but upon the congregation to come: so this bell calls us all: but how much more me, who am brought so near the door by this sickness....No man is an island, entire of itself...any man's death diminishes me, because I am involved in mankind; and therefore never send to know for whom the bell tolls; it tolls for thee. (underlining supplied)
Donne’s words have survived the eternal destroyer, time , because they set forth the truth. Donne would have known the advantages of a well-established civil society. For the simple reason, he belonged to the Catholic faith when the English society, all round him swore by Protestantism. A caveat has to be entered here on the language used by him. The usage of 15th century England made him say No Man is no island. The times in which Donne lived did not recognise the rights of the second sex.
The legitimate assertion by those belonging to the female sex to their rights has led to gender neutralisation of the language. It is no more Chairman but Chairperson. No more, do international rights documents to Rights of MAN but Rights of a HUMAN BEING.
The step towards equality amongst persons has taken slow but steady steps from regimes dictated by religion to “rights-dictated” ones. The demand for political equality is such; even dictators have started swearing upon democracy and claim to be representatives of the people.
In this milieu, the world, its constitute unit – the State/nation, its sub component – the society, have forgotten entirely about a sizeable portion of its population – the transgenders. This term is used to describe people with conflicts or questions about their gender. They include people who are born male but think of themselves as female, or vice versa, or people who are preparing for a sex change operation, or those who have had a sex change
An unofficial survey undertaken in India has placed the number of persons belonging to the Third sex or transgenders at 500,000 – enough to elect a member of their own to an assembly.
Clamor was raised whether or not one should have a caste census but none thought about a census, which will include transgenders too. The slogan for Census 2011 - the 15th census in India - is “our census, our future”. Yet the instructions given to the census takers merely states, “Eunuchs and hermaphrodites will be counted with males and entered under column 11”. So much for India’s claim about no person shall be denied equality before law and equal protection of law.
By classifying the first sex, i.e. the male with the third sex, the transgenders; law does not bring about justice to this special category of persons. Attempts are being made to integrate the physically challenged and mentally challenged persons with the mainstream of the society. The voice of the sexually different are either suppressed or completely ignored. The eunuch has been at the receiving end for too long. Their voices are not heard or if heard, mocked at. The law being made by either of these two genders does not address the issues faced by the third. AIDS and sexually transmitted diseases rip through the third sex. Their right to a good health system is lacking because they are neither male nor female. Back room “sex change” operations put their lives at peril. If right to life is an ingredient of article 21, a transgender, as a person equally entitled to it.
The courts, in the past, have been insensitive. The Madhya Pradesh High court set aside the election of Kamala Bua because this Mayor from Katni district was elected in a constituency reserved for females, when Kamala was categorised as a male by the Census. Yet, the fighting spirit amongst transgenders has fortunately continued. Shabnam Mausi, a transgender had since been elected to legislative assembly from Sohagpur. She represented her constituency from 1998 to 2003. It is true that the judgment of the Delhi High court in Naz foundation case did give relief to those of different sexual orientation, yet it opened the doors for being attacked as a case where the judges legislated adn rewrote teh Indian penal code.
Transgenders cannot help being that way. They have been created so. They cannot be wished away. They are a part of the Indian Society as much as its male and female citizens. Sadly, neither the law nor the lawmakers have taken note of this.
The winds for amending the law have started. France became the first country in the word to remove transgender identity from the list of mental diseases. UK has made its attempts in enacting the Gender Recognition Act, 2004. In 2009, a bill has been introduced in the House of Commons in Canada to amend the Canadian Human Rights act and the Criminal Code. This bill, if it becomes a law, a very distinct possibility, it will provide for gender identity and gender expression. It will satisfy the demands of the category of citizens who cannot be called male or female because both these sexes consider them so. Gender identity means refers to a person's perception of her/his own gender. It is not determined by the society but by the person themselves. If one can change a name, religion, clothes, manner of speech and all that are personal, why should the law not enable the change in one’s sex?
Laws are not obeyed because it treats the powerful and the fortunate well but because it treats, the unwanted, neglected, ignored including the poor and destitute as equals with the former class.
A law providing for equality amongst all the three sexes if introduced will not be new. It is not a new philosophy in this wonder called India. The religion, which the majority of its citizens claim to be followers of - Hinduism - has recognised the third sex in the society. Apart from Arthanareeshwara – the mixture of Lord Shiva and Goddess Parvati and Mohini – the female form of the male god Lord Vishnu, the scriptures quote of many examples. In fact, Mahabharata records of the protective covering of Shikandi, a character born as female but brought up as a male, to Arjuna. It was with Shikandi, in front, Arjuna was able to overcome the indomitable Bheeshma. Shikandi is brought to battlefield of Kurukshetra by none else than that glorious and colourful avatar of Vishnu, Lord Krishna.
The other religions of the world dictate equal compassion to every creation of the almighty.
If one belongs to teh Christian faith, the power of the Lord even before one is born is clearly set out in Jeremiah 1:5 and Isaiah 49:1. Even more fundamentally, the faith believes God created womn aout of man – Genesis 2:23. The flip side is there are persons who argue Deuteronomy 22:5 declares a woman shall not wear a man’s apparel, nor shall a man put on a woman’s garment; for whoever does such things is abhorrent to the LORD your God. The prohibition is to the form of dressing but not thougt or gender identity. For a religion founded on love, the answer comes very easily. If one cannot hate any of his creations but look at awe, as should be done by a creature to the creator, can there be a rejection of transgenders?
Professor Mohammad Hashim Kamali, the chairperson of the International Institute of Advanced Islamic Studies is an Islamic scholar of repute. He has recently written about the inhuman treatment of transgenders in Malaysia. After quoting several verses from The Holy Quran has stated
“Most of this will remain empty preaching unless measures are taken by the authorities, religious leaders -- indeed all Malaysians -- to translate them into appropriate action”. (Transgenders from Islam's perspective Published in: New Straits Times 29 December 2009)
If one were to substitute the word Malaysian for Indian, nay, human beings, it sends a strong message for change in the laws indeed.
In a recent conference held in Chennai, the interpreters of law belonging to the higher judiciary have kick started a campaign to bring about a change in law. Justice Sathasivam has called for a legislation to protect transgenders on the same lines as the SC/ST Act, 1989. This view has been echoed by Justices Dalveer Bhandari and Altamas Kabir and by Ms. Justice R. Banumathi of the Madras High Court. a call has been given for the repeal of the colonial legislations, which clothe legality to inequality and ignore the rights of this category of citizens. Hopefully, this march for equality will face lesser hurdles than those faced by feminists in the 19th and 20 century.
Wouldn’t u agree, no person is an island and it is time that Donne is discovered in India?
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