Transwoman Sailor in Indian Navy: Sex Surgery Breaches the Rules

As Indian navy’s first transwoman sailor draws ire for sex surgery, the very premise of employment stands defeated. (Photo: iStock/ Altered by The Quint)

(This opinion piece has been reposted from The Quint’s archives in light of the Delhi High Court hearing the case of sailor Sabi Giri, who was sacked by the Indian Navy for undergoing a sex change surgery. On 31 October, the Delhi HC asked the Navy to consider giving an alternate job to the sailor, and posted the matter for further hearing on 23 November. This is the View. You may like to read the Counterview by Alok Prasanna here.)

The unusual case of an Indian naval sailor undergoing a sex change operation, and now likely to be discharged from service, has elicited considerable attention on social media and other public platforms. It is understood that the individual, MK Giri (aka Sabi), who is serving in a unit of the Eastern Naval Command in Visakhapatnam, may seek legal recourse to continue in the navy.

Prima facie, covert change of gender identity in the military would be deemed to be not only a breach of contract, where the individual has joined as ‘an Indian male’ – but also of extreme indiscipline. Military rules are strict about every aspect of personal identity, appearance and conduct – and for valid reason.

For instance, in the navy – even to grow a beard, a facial characteristic often associated with sailors across the world – formal permission has to be sought in writing.

And for the record, I went through this procedure in 1971 as a young naval officer, and had to wait for the mandatory period on board, and then the beard had to be ‘approved’ before one could proceed ashore!

Too long to read? Listen to the story here:

Inclusion of Transgender People in Armed Forces

• Prima facie, covert change of gender identity in the military would be deemed as a breach of contract.
  
• Gender Identity Disorder is recognised as a medical condition, and its treatment depends on the socio-cultural norms and laws in different countries.
  
• In April 2014, the Supreme Court in a landmark judgement recognised transgender people as a separate category – ‘third gender.’
  
• US has come full circle with Bill Clinton’s “don’t ask-don’t tell” policy to Obama allowing transgender people in US military, an order revoked by Trump.
  

Dealing with Gender Identity Disorder

Described as an extremely rare exigency in the Indian context, the Giri case draws attention to the larger issue of gender identity disorder (GID), and the manner in which different nations have been dealing with the matter.

GID aka gender dysphoria is a symptom that is only now receiving more rigorous and empathetic attention world over. As in the case of the lesbian-gay sexual orientation, which remained under wraps until recently, GID is now recognised as a medical condition, and is differently treated, depending on the socio-cultural norms and legislation in different countries.

In the Indian context, the Supreme Court, in a landmark judgement of April 2014, recognised transgender people as a separate category – ‘third gender.’

Chelsea Manning Case

Specific to the issue of transgender people serving in the military, a survey of 103 countries worldwide revealed that 18 of them permitted this gender category to don uniform. Most of them are from the developed world, and none from Asia or Africa – barring Israel.

The American experience has been the most intensely debated, and it may be recalled that a US army soldier involved with the Wikileaks had undergone a similar GID experience.

In 2010, then Private (first class) Bradley Manning was charged with compromising national security by transmitting thousands of classified  documents to an international entity, which was then shared with some media outlets leading to a furore across the globe – including India at the time.

Specific to the gender issue, Private Manning revealed the GID / dysphoria symptom and underwent an identity transformation while in prison – and became Chelsea Manning. The Manning case drew attention to the larger demography of transgender people in the US military and among the veterans – the retired community.

Also Read: Chelsea Manning Takes the ‘First Step of Freedom’

Turning a Blind Eye to Sexual Preferences

One estimate has indicated that there are over 15,000 transgender people in active duty in the US military, and more than 1,34,000 among the veteran community.  Gender and sexual orientation are very complex and contentious issues for any military, and both tradition and socially conservative norms have prevailed.

Hence even the induction of women into the military has been pursued in a cautious manner. Each country and its military leadership have evolved their own pattern and more often than not – hasty gender related decisions have led to a long-term institutional imbalance.

The whole matter becomes much more tangled when dealing with the LGBT constituency – and here the US experience is instructive. This matter came up for scrutiny during the early 1990s, when Bill Clinton was the President and one recalls his famous “don’t ask-don’t tell” policy. This basically meant that the US military would turn a Nelson’s eye to sexual preferences – as long as the conduct of the individuals concerned did not compromise discipline and professional competence.

Also Read: Transgenders Can’t Serve in US Military as Part of Trump’s New Ban

Discipline Reigns Supreme

However, the Manning case is illustrative of how politically charged the transgender issue has become in the USA. The Wikileaks issue exploded under Obama’s watch in 2010. Subsequently the government reviewed existing gender policies, and in 2016,  the US Department of Defence formally announced that transgender people may serve openly in the US military. Predictably, the Trump administration has reversed the Obama policy and the matter will now enter a protracted legal and societal debate.

At the end of the day, the military as an institution has to remain wedded to discipline  and yet be empathetic to and cognisant of changing social and sexual patterns of human behaviour.

In the Giri case, the existing rules and regulations as related to the navy will have to be adhered to.

While this is a VERY rare case of fundamentally altering the gender premise on which the individual joined the service (male), and may lead to the sailor being advised that the SNLR (services no longer required ) provision will be invoked, the need for an empathetic review of GID and gender dysphoria in the Indian fauj must also be hoisted by the establishment.

Also Read: How to Know if Your Child is Transgender: What Experts Say

(The writer is a leading expert on strategic affairs. He is currently Director, Society for Policy Studies. He can be reached @theUdayB. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)

(#TalkingStalking: Have you ever been stalked? Share your experience with The Quint and inspire others to shatter the silence surrounding stalking. Send your stories to [e-mail] or WhatsApp @ [phone])