A public interest litigation petition has recently been filed in the
Madras
High Court demanding voter identity cards for the eunuch community in
the
State. Although there are no official estimates of India's eunuch population,
they are said to number nearly 500,000 (as in 2000) (courtesy: - BBC
News 6th
March 2000 http://news.bbc.co.uk/1/hi/world/south_asia/668042.stm).
In
Tamilnadu alone their population is estimated to be 1.5 Lakhs and they
are
mostly concentrated in southern districts of Tamilnadu. The majority
of the
remaining eunuch population lives in Mumbai. India's first eunuch has
won an
assembly seat in 2000 in Madhya Pradesh. Forty-year-old Shabnam Mausi
won the
by-election in Sohagpur as an independent. Four years back observers
said that
"the state of Madhya Pradesh appears to be taking a lead in getting
eunuchs a
more respectable place in a society where they are often feared or
ridiculed".
Following this remarkable event, five eunuchs were elected to various
civic
bodies including a mayor post. However, even today these sexual
minority
members are not able to open bank accounts or get ration cards. Because
they
are not able to get these documents which serve as residential proofs,
they are
not able to get the voter identity card also. These sexual minority
members by
and large do not live in permanent residences. This is due to the fact
that as
of today they are not accepted as the integral part of our society. If
not
having a permanent residence is an excuse for not providing them the
voter
identity card, we should be ashamed of the failure of our democratic
system.
The Election Commission must find an innovative mechanism whereby these
eunuchs
are given voter identity cards. Based on this they should get all
other
facilities in the society - be it ration card, bank account, medical
assistance
etc. Since the eunuchs can not manage any of the listed identity
proofs to
vote in the election, they can not participate in our democratic
process. This
is a black mark on our democracy. Even the politicians do not bother
about
garnering their support as they are less in number although they are
concentrated in few pockets in few States.
If the Election Commission can issue identity cards to them and enable
them to
vote, it would force our political system also to alleviate their
sufferings
and give them their due status in the society. This would pave the way
for
their upliftment. If those who perpetuate societal /sexual abrasions
(rapists,
thieves and criminals, perpetuators of domestic violence) can
participate in
our democracy, why can not the eunuchs who by birth or physiological
aberrations become what they are, participate in our electoral process
?
Providing an identity for each and every human being on this land must
be the
duty of our election commission.
Traditional belief holds that the presence of eunuchs during auspicious
functions protects against evil. However, we do not bother about their
good.
This author recently had an opportunity to closely interact with two of
the
Aravanis while undergoing the screening contest for the 'Arattai
Arangam" show
in Mumbai conducted by Mr. Visu. Those two neutral sex friends were
forthright
in asking for their rights and one of them was well-educated in
computer
operations. It is not true that all aravanis would like to walk on the
roads
and harass people by exhorting money. It is not that all aravanis are
cheap
minded and would like to involve in prohibited actions like exposing
the
genitals. Many of them have dreams to succeed in life and contribute to
the
society. They want to get educated and take up an employment to lead a
decent
and respectful living. Their aims, ambitions, and talents do not
simply
evaporate due to their physical/ sexual aberration. They are deprived
of so
many opportunities which is not justifiable and India can not shine if
women in
our society (women's oppression), eunuchs (sidelining eunuchs), and
children
reeling under the strain of poverty (child labour) are not uplifted and
given
their respectful status and due opportunities.
The former Chief Election Commissioner, T.N. Seshan, issued a direction
that
identity cards must be issued to the Aravanis. But nothing happened. On
Friday
(5th March 2004), the Public Interest Litigation ( PIL) field by A.
Rajini of
the Southern Districts Women's Federation came up for hearing in the
Madras
High Court. The First Bench comprising the Chief Justice B. Subhashan
Reddy and
Justice P. Shanmugam asked the Government Pleader to get instructions
from the
authorities on the reported Election Commission guidelines with regard
to grant
of voter identity cards for the Aravanis. Even if there are any legal
and
practical hurdles, the Election Commission should come up with
exemptions with
regard to these Aravanis and provide them the voter identity cards.
Followed by
this, the governments should make sure that this voter identity card
enables
them to get the ration card. The Government of India should
legislate/issue
notification, whatever is appropriate and required, to the effect that
eunuchs
are given the status of physically handicapped (read as physically
challenged)
and they should be eligible for all benefits and privileges as
applicable to
the handicapped people. All citizens with sound mental state should be
able to
vote in India's elections. Noting should come in its way. We should
take
pride in nurturing 'true democracy' and not being the 'largest
democracy'.
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