Sex Orientation and Gender Identity

In recent years, International Human Rights bodies and civil society have taken definitive steps to raise
awareness about the problem facing the LGBT community. The Bangladesh government took some steps, such
as declaring legal recognition of a third gender category for shikondi people. For the first time in Bangladesh’s
history, transgender candidates who identify as women can vie for the 50 seats reserved for women in the
upcoming elections in the Jatya Sanshad or National Parliament and so far 8 members of the transgender
community have been confirmed as running on the party ballot, which is commendable.

But it is sad to say that although the government took some steps in recent years, policy implementation on
access to state benefits were weak and sexual and gender minorities remained under constant pressure and
threat. Still in Bangladesh transgendered people are looked down upon as though they are not human beings and
are treated brutally only because they do not have the gender identity approved by the society. Although the
government of Bangladesh has recognized this transgender group of people as ‘third gender’ it is not
implemented even in their identity cards. Even some Asian and South Asian countries have laws to protect the
rights of these people and they are recognized as the third gender group. Bangladeshi society have taboo that
bounds these people either to assimilate and hide their gender crisis or to live the life of the most marginalized
group. I start with this information of shikondi not to portrait the misery of their life, but for a life which is
ignored under the framework of fundamental and basic human rights. Article 28(1) of Bangladesh Constitution
has protected the rights of individuals by stating that, “The state shall not discriminate against any citizen on
grounds only of religion, race, caste, sex or place of birth”. But still we could not ensure the human rights of
shikondi with our policies.

Out of 160 million Bangladeshi people there are 10,000 people that belong to shikondi community. But
according to Bandhan Shikondi Sangha, an organizations working for the rights of the shikondis, claims that the
number of shikondis is nearly 1,00,000 in Bangladesh and unfortunately they are deprived of the basic
fundamental rights of Bangladesh. Isolated from the society and forced to lead a life devoid of self-respect.
They are often seen begging from the bus passengers and passing shoppers and many are involved in sex trade.
There was a time when they had a semi-sacred status in society, they used to earned their living by singing and
dancing in wedding ceremonies and other social celebrations and even were invited to bless married couples or
new born babies. But with the passage of time and change of social and cultural context, the majority of them
are to bow to this inauspicious profession. Due to lack of proper law recognizing these people they are often
deprived from basic rights like right to life (32), right to expression(39), equality before law(27), right
privacy(43), right movement(36), equality of opportunity(19) and equality of opportunity in public
employment(29).

Xulhaz Mannan, the founder of Bangladesh’s first and only LGBT themed magazine Roopban were killed in his
apartment along with another LGBT activist Mahbub Rabbi Tonoy in a machete attack by Islamists extremists
because he openly declared that he was a gay. With the death of Mannan it was seen that Article 32, 39, 27 and
43 of Bangladesh Constitution were just in pen and paper for the people like Mannan. Moreover, on March 30,
2015 Labannya Hijra became a Bangladeshi hero after saving a reporter’s life from Islamists radicals that time
Labannya raised a question of whether the member of this transgender community could be treated as active,
equal citizen of Bangladesh. Since there is no equal opportunity in employment these people often land up in
working as prostitutes and also in illegal works, they have no right to sue, no right to vote or no right to
inheritance.
In October 2017 Human Rights Watch interviewed few LGBT people all of them spoke of bullying at school,
barriers to employment, difficulty accessing health care, as well as harassment and verbal abuse in both public
and private places. While Bangladesh has passed legislation to protect their rights, the government
simultaneously continues to uphold laws that punish citizens for being LGBT. Article 377A of Bangladesh
Penal Code provides, “Whoever has carnal intercourse against the order of nature with any man or woman shall
be punished with imprisonment of life or with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.” There are also some international legal protections regarding the
protection of LGBT members, such as, Article 2, 3, 5, 7, 9, 12, 19, 20(1) of Universal Declaration of Human
Rights; Article 2 of Convention on the rights of the child; Article 2(1), 6, 7, 9, 17, 19(2), 21, 22(1), 26 of
International Covenant on Civil and Political rights; Article 2 of International Covenant on Economic, Social
and Cultural Rights; Article 1(1), 2(1) of Convention against Torture.

Mr. President, BNNRC is alarmed that despite of having so many laws both in national and international
Bangladesh in some extent failed in fulfilling the basic needs of the LGBT people and lacks in giving proper
protection and security of life. Besides, we are also disappointed that although Bangladesh has recognized
shikondi as the ‘third gender’, this recognition cannot ensure the social acceptance of this people. They cannot
study in schools as the fellow students and even the teachers do not treat them well; they do not get good jobs
because of the lack of education; even the jobs that do not require literacy are not offered to them as the
employers and other workers cannot approve of their presence at their work place. They do not get proper
medical facilities as the doctors and the staffs feels uncomfortable to serve them and also maltreat them and so
on. So they either have to hide their sex or assimilate. The life of a shikondi is undoubtedly pathetic one as they
have to live individually, which is of course, very tough in this country and wherever they live or whatever they
do they are never free from mental and sexual harassments. In this case Bangladesh can take some possible
steps to overcome the situation, such as, before taking any decisions the shikondis must be consulted and asked
how they wanted to be recognized in the society, the government of Bangladesh can constitute a Shikondi
Welfare Board which will take care of the issues related to this community in order to ensure their human
rights, a legal framework must be established so that they can inherit their family property, ensure proper
educations and job opportunities so that the people of this community do not get involved in illegal work and
many more.

I would like to call upon the Government of Bangladesh to take proper measures in order to protect their
(shikondi) life and ensure their fundamental human rights. There is no denying that despite all legal initiatives
taken in our country, the miserable state of these people may hardly change for better, unless they are
encouraged to receive education at school or university, or given proper job opportunities. They can scarcely be
accepted to join the normal social life, unless they grow up intellectually, learn proper manners and attain their
financial freedom.