The Nitish Kumar-led Bihar government has courted controversy after an ongoing headcount survey of social groups in the state denoted transgenders as a separate caste.
According to Bihar government’s survey, each caste in the state will now be identified on the basis of a unique numerical code during the month-long second phase of caste-based headcount from April 15 to May 15.
The survey has merged all Brahmin sub-castes like Maithil, Kanyakubj and others into a single entity which is now denoted by its caste code 126. Sub-categories of castes will not have a separate number.
The headcount has allotted a total of 215 caste codes to different castes and ‘third gender’ or transgender has been denoted as separate caste with its own unique numerical code like the other castes such as Rajput (169), Bhumihar (142), and Kayastha (21), among others.
The 2011 census lists the total population of transgender persons in Bihar as 40,827.
The move of denoting the third gender as a separate caste has sparked a row with social justice organizations dubbing it as a “criminal act.”
Bihar-based NGO Dostanasafar founder secretary Reshma Prasad asked how a person’s gender be considered their caste?… “If male or female isn’t considered a caste then how can transgender be a separate caste…?
Prasad noted that transgenders can be of any caste and segregating them into a separate caste violates the Transgender Persons (Protection of Rights) Rules that lays downs rules to prevent discrimination against members of the third gender.
She urged the social welfare department to intervene into the matter and said that she will write to Bihar CM Nitish Kumar and seek his immediate intervention.
Trans activist Grace Banu from Tamil Nadu’s Thoothukudi in a statement to news agency PTI termed the move as discriminatory and a “’a social injustice” as she offered “help in counting” transgenders to the Bihar government.
Banu pointed out that the transgender community, like any other social group, consists of different castes while also observing that according to a 2014 Supreme Court judgment, transgenders must be treated as ‘third gender’ to safeguard their rights under Part III of the Constitution, as well as under the laws made by Parliament and state legislatures.
Responding to the controversy, Bihar Social Welfare Minister, Madan Sahni, urged transgender people to approach the concerned department with their grievances if they have any issues with the ongoing exercise of caste-based headcount, including codes allotted to different castes.
Sahni said the Bihar government has taken several welfare measures for improving the socio-economic condition of transgender persons.