Gender in Asia: Emerging Trends

India has long been accustomed to its transgender community, known as Hijras. In Hinduism, Hijras hold the power to bless newlyweds and newborn babies. Even with this esteemed history, trans rights have remained a struggle in this country. English colonization brought hatred and discrimination toward the Indian Hijras, and today, as elsewhere in the world, trans persons often flee unaccepting families. Draped in fancy sarees, you may find Hijras at Indian traffic stops, using both verbal and nonverbal language to request money and help. A law implemented in 2019 requires proof of surgery to recognize a gender different from the one assigned at birth – an impossible hurdle for people of limited means.

A more encouraging development involves Swati Bidhan Baruah, who made history as the third transgender judge in India and the first in her state of Assam. She’s using her position to take on India’s Supreme Court over the controversial National Register of Citizens list, which requires citizens to prove that their families were living in India before 1971. The list is especially damaging to trans people, many of whom are ostracized by their families and unable to obtain the necessary documents to prove citizenship.

The outlook embedded by the British Raj continues to affect Pakistan's gender non-conforming community, known as the Khawaja Sira. Many believe that the British tried to erase this group from society through the Criminal Tribes Act of 1871. As in India, transgender people in Pakistan are often disowned by their families and face homelessness. In January 2017, after two gender-nonconforming people were abducted and shot, Pakistan’s National Assembly passed the Transgender Persons (Protection of Rights) Act. The new provisions seek to limit harassment and discrimination, while ensuring access to medical care and employment opportunity.

The social stigma toward people with transgender identities in Bangladesh has caused fear and distress. Passed over by employers, denied access to education, and often kicked out of homes and communities, trans persons often turn to crime or other dire means of earning a living. On a more positive note, trans people gained official recognition as a third gender in 2013, and the government is now giving tax incentives to companies that hire them.

Deeply-rooted cultural beliefs have led many in Japan to view non-binary or transgender identity as a mental disorder. Contrary to international human rights standards and medical best practices, the Gender Identity Disorder Special Cases Act of Japan requires trans people to undergo painful and irreversible medical procedures. This law and its associated regulations have received international criticism.

Discrimination of transgender people in South Korea surfaced prominently in early 2021, following the suicide of a soldier who was forcibly discharged from the military after having gender-reassignment surgery. South Korean popular culture, however, seems to be more accepting, with a hit drama featuring gender-reassignment surgery.

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In 2021 Argentina passed a law to reserve 1% of the nation’s public-sector jobs for transgender people. Aiming to broaden employment opportunities across all sectors, this law also offers loans and tax breaks for businesses that hire trans employees. Argentina has also appointed Alba Rueda as the first trans person to hold a senior government post. However, life for many of Argentina's trans citizens remains mired in discrimination and poverty.

After the Council of Europe called for an end to mandatory sterilization of transgender people in member states, the Dutch government rolled back its sterilization requirement and publicly apologized to the trans community. Now a vanguard, the Netherlands was among the first European nations to adopt legislation enabling trans people to change their registered gender. In an additional step forward, the Dutch Senate approved a law enhancing trans rights in late 2013.

In violation of international rights obligations, Hungary’s parliament passed a law in March 2020 that made it impossible for citizens to change their gender. A recent amendment, however, allowed Hungarians to change their gender if they could provide evidence of having begun transitioning prior to the March 2020 law.

Do you think your country is doing enough when it comes to transgender rights? What is your country of origin?

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