WEEK 5
ADITYA BANERJEE
Anuradha Dutta and Raina Roy in ‘Decolonizing
Transgender in India’ pen down their take on gender/sexually marginalized
communities in eastern India. Also, the universalization of transgender as a
transnational umbrella is brought up. The transgenders are being recognized as
subjects of rights and citizenship through a series of developmental policies. In
the case of India, trans identification is seen analogous to caste identities.
Dalit (a lower and oppressed community) cannot freely access or modify statist
and developmentalist usages. The Article’s purview is to a large extent limited
to feminine identified gender variants rather than masculine identified trans
or gender variant people. Primarily, the Hijra and Kothi communities from East
India (West Bengal), belonging to the former category and studied. An important
observation regarding the Legal status of transgender people is that although
Section 377 has been decriminalized, but the acknowledgement of their rights remains
silent/absent. The absence of rights acts as impediment towards the
implementation/proper execution of the NALSA v Union of India judgment i.e.
unless they are given proper legal protection/right, the chances of their
development remain minimal.
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