Legal Categorization of ‘Third Gender’ in Bangladesh: A Tale of Misrepresentation, Marginalization, and Politicized Recognition

Abstract

Hijras in Bangladesh got formal recognition as ‘third gender’ in 2013, which symbolizes a positive reformist approach of the government towards this sexually diverse group. Though the new policy was designed to establish and ensure equal human rights of the hijras, it was based on the ground of ‘gender disability’ overlooking the idea of ‘gender diversity’ as attributed/claimed and nourished by the hijras themselves. This gives an imprint of societal performative and precarious action of misrepresenting and marginalizing this community over the years. Furthermore, even after 10 years of adoption, it wants considerable implementation and monitoring mechanisms. These ultimately put a question mark on this legal advancement and trace the existence of dominant sexual politics behind its promulgation. Hence, this article aims to critically explore this legal categorization of hijras in Bangladesh to investigate the underneath sexual politics thereto that reconfirms discrimination and deprivation to this sexually marginalized group.