Am I a Girl?

Why would any girl ask this silly question? But there are occasions when the answer becomes necessary. The answer is not easy.

For centuries, societies have enforced the notion that a person is either a man or woman based on his/her physical characteristics. This idea mixes up “sex” and “gender”. As a result, people often use the terms “sex” and “gender” inter-changeably. This is incorrect. “Sex” and “gender” are not the same. Sex refers to biological physical differences. Gender is how people identify themselves.

(My Book for Transgenders)

So what is the difference between “sex” and “gender”? What differentiates a male from a female? Sex refers to the physical differences between male, female, or intersex. A person has the sex assigned at birth based on his/her physiological characteristics, including genitalia and chromosome composition. This assigned sex is called a person’s “natal sex.” Gender encompasses a person’s identities, expressions, and societal roles. A person may identify with a gender that is different from his/her natal sex.

Intersex can mean different things. For example, a person might have genitals or internal sex organs that fall outside of typical binary categories. Or a person might have a different combination of chromosomes. Some people do not even know that they are intersex until they reach puberty.

Have you ever heard the words “My wife is not a female?”

A man and woman’s marriage was solemnized on 13 July 2016. After the marriage, the wife did not consummate for a few days on the pretext that she was undergoing a menstrual cycle. After that, she left her husband’s home and returned back after 6 days.

Later, when the husband again tried to consummate, he found that there was no vaginal opening and she had a small penis, like a child. The husband took his wife for a medical check-up. The doctor diagnosed that the wife had a medical problem called ‘Imperforate hymen’ (A medical condition in which the hymen covers the whole opening of the vagina).

The wife was advised to undergo surgical repair. But the doctor also told the couple that even if an artificial vagina was created through surgery, consummation may take place, but the chances of getting pregnant were almost nil. After this medical examination, the husband felt cheated and asked his wife’s father to take his daughter back.

Round of Litigation

A round of litigation started. On 17 January 2017, the husband filed a complaint before the local police against his wife for cheating (by not disclosing that she did not possess female characteristic) and a petition in court seeking divorce. His wife filed complaint against him alleging torture and dowry harassment.

The matter was referred to Parivar Paramarsh Kendra, where the husband alleged that his wife did not possess female characteristic. He asked for medical examination of his wife. The wife was medically examined. But nothing adverse was found on the basis of which it could be said that the she did not possess female characteristic. The wife’s medical report stated she was biologically female, with ovaries, and identified as a woman. It also mentioned that she had “external male genitalia” such as an “imperforate hymen and penis”.

The matter went up to the jurisdictional High Court. The High Court quashed the criminal proceedings in the husband’s case. The High Court held that copies of the annexed medical reports did not show that the wife was not having female characteristic.

The case is now before the Supreme Court. The husband has sought criminal action against his wife for cheating and fraud, alleging she has “external male genital structure”. The Supreme Court has issued notice to the wife to file a reply to the husband’s petition in the following words:
“Learned counsel for the petitioner has drawn our attention inter alia to page 39 to contend that the medical history of the respondent shows “Penis + Imperforate hymen” thus respondent is not a female. Issue notice returnable in four weeks,”

Conclusion

Society often sees maleness and femaleness as a biological binary.
However, there are several issues with this simplistic distinction. For instance, the chromosomal markers are not always clear-cut. Some male babies are born with two or three X chromosomes, just as some female babies are born with a Y chromosome.
Let us see what the Supreme Court finally decides.

Transgenders

Transgenders are a different gender – the 3^rd Gender. There is a special law for them. I have written a book for them. About their rights and how they can get them.

If you are a transgender, this book is a must for you. You can obtain it from Amazon India.

Sex, Gender, Transgender, Surgical change of Gender are complex and nascent issues. Even lawyers are not conversant with these concepts.

This book will tell you:
1.  About the history of transgenderism. How they were discriminated in the past.

2.  That transgender has been recognized as a third gender in India.

3.  How to obtain your Identity Certificate and Identity Card.

4.  About your rights.

5.  About the consequences of discrimination against transgenders.

6.  About the various schemes to help transgenders – shelter homes, scholarships, reservations, etc.

7.  That you can change your gender.

Should you require any further information and free assistance, you can contact me on my email: 
eleena100@hotmail.com                                                                   Binoy Gupta

The author retired as a top bureaucrat in the Government of India. He holds a Ph.D. in law as well as a large number of post graduate degrees and diplomas. He has authored several books and written hundreds of articles. He believes this book is a must for transgenders. 

 
( 750 words )                                                                                         Binoy Gupta