The legal choice of being Mrs or Miss
The new draft law on name prefixes
By Jon Fernquest[Introduction|Article]
[Reading Questions|Answers]
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Some new laws have been proposed to redress the difficult and discriminatory restrictions that women currently face on the use of name prefixes such as: Nang (Miss) and Nangsao (Mrs).
As part of this legislation, transgender men and women will also be allowed to officially use name prefixes that match their gender.
The interim National Legislative Assembly (NLA) has initiated some innovative legislation during its short term in office.
They have helped some groups that are typically bypassed in democratically elected governments struggling to please the tastes of mass electorates.
Some of this legislation has already passed into law:
1. Domestic violence Act
2. Promotion and Improvement of Quality of Life of People with Disabilities Act
3. Mahidol University Autonomy Act
4. Amendment of 1941 Printing Act (with its police censorship powers)
5. Social Welfare Act
6. Detention and Imprisonment of Pregnant Inmates.
Other legislation such as a bill that would protect the rights of communities that dwell in forests are pending.
This article was originally a news commentary in the Bangkok Post by Sanitsuda Ekachai.
Here are the definitions for words above:
redress - improve bad treatment of people
discriminatory - treating one group of people worse than others
transgender - gender expression and/or gender identity that differs from conventional expectations, involving a partial or full reversal of gender (See Wikipedia)
interim - temporary
initiated - started, originated
legislation - new laws
bypassed - go around, avoid
electorates - voters
Reading Questions
Here are some questions to guide your reading (See answers at end):1. Summarise the problem that women in Thailand face with name prefixes.
(Must read whole article to answer)
2. What would the draft bill on name prefixes for women do?
3. Who is Nukid?
4. What does Nukid think about the draft bill on name prefixes? Why?
5. Why are many women keeping their fingers crossed about the bill?
Do they want the bill to pass? Why or why not? (Express your opinion)
6. If Nukid's husband left her for another woman and she became a "Mia Noi" with the new woman becoming the "Mia Luang" wouldn't this create problems for her?
7. What other kinds of problems do marriage laws create for professional women?
8. What percentage of women would like the current laws changed?
(Use inference)
9. How would the draft law allow women to use name prefixes?
10. How would the new law help transgender people?
11. Do transgender people want surgery to be the requirement for using female prefixes such as "Nangsao"? Why or why not? (Express your opinion)
12. Why do you think that women's groups have been silent about the draft law?
(Express your opinion)
13. What name prefixes are used in foreign countries such as Japan, South Korea, the US, Europe, or Muslim countries such as Malaysia?
(Outside research required)
14. Are name prefix laws in these other countries and cultures more or less oppressive than laws in Thailand? (Compare)
Bangkok Post Article October 04, 2007
COMMENTARYThe legal choice of being Mrs or Miss
SANITSUDA EKACHAIWhile many women are keeping their fingers crossed regarding the draft bill on name prefixes, my maid Nukid could not care less about the legal effort to free women from the prefix headache because she has already found her own solution.
"I simply did not register my marriage, so I can still use 'Miss' as before," explained the mother of a three-year-old son.
When asked was she not afraid that her husband might stray and register marriage with another woman, thus turning her, a mia luang (first wife) into a mia noi (mistress) in the eyes of the law, she shrugged her shoulders.
"My husband and I don't have money or property to fight over, so there's no need to register the marriage.
"And if he ever leaves me, I know I can take care of my son. Anyway, it is always the women who take care of the children when the men leave."
Not registering the marriage also makes things a lot easier should the marriage break down, she added.
"I've heard that divorced women have to carry their divorce papers around with them all the time. I don't want that.
"It's also easier for a Nangsao [Miss] to find a job than a Nang [Mrs]. It's easier to do legal matters for the children. And it's easier to have another serious relationship," she said with a laugh.
keeping their fingers crossed - (for good luck) hope it will happen
draft bill - a law that is being considered by the legislature
name prefixes - words before a name like: Nang, Nangsao, Khun, Nai, M.R., M.L.
could not care less - not important for them
register marriage - officially and legally record with the local government and receive a certificate as proof
stray -
a mistress - a long-term relationship with another woman who is not a wife
in the eyes of the law - according to the law
shrugged -
serious relationship - when the two people are committed to looking after each other
Effect on Professional Women and Single Mothers
No, the wisdom of Nukid does not reflect the reality of marriage instability among low-income groups only.
A growing number of financially independent professional women have also opted for Nukid's practical choice, given the high rate of divorce, the prospect of legal and social headaches afterwards, and the social discrimination against divorced women and widows as "tainted goods".
At present, the law requires married people to provide documents certifying spousal consent when they enter into legal or business deals.
In practice, the law applies to married women only. Men are spared the headache because they use the marital-neutral prefix Nai (Mr) before and after marriage.
The need to have spousal consent is particularly cumbersome for women in a rocky marriage or those living in separation.
Many mothers complain they cannot do business or get passports for the children because the estranged husbands play power games, or simply because they cannot be located at all.
marriage instability - marriages that have lots of problems and may not last long
financially independent - does not need husbands money (earns her own income sufficient for the support of her and her child)
opted for - chose
prospect of - possibility of, the chance that it might happen
tainted - reputation damaged
certifying - officially showing it is true
spousal - of husband or wife
consent - agreement
spared - prevented from having unpleasant experience
neutral - does not show
marital-neutral - does not show whether married or not
cumbersome - difficult to use
a rocky marriage - problems between husband and wife
estranged husbands - husbands no longer living with their wife
Results of Survey
According to a nationwide survey by the Office of Women and Family Institution, about 36% of the women respondents think women should be able to use "Miss" both before and after marriage.
Another 30% think women should have the right to choose between "Miss" and "Mrs".
About 34%, meanwhile, believe married women should use "Mrs" only.
Because of divided opinions, the draft bill on name prefix will allow married women to have a choice between "Miss" and "Mrs".
It will also allow divorced women the choice to use "Miss" again.
respondents - people who answer the questions in a survey
Transgender People
In a progressive move, it will also allow post-operation transgender women to use "Miss" and post-operation transgender men to use "Mr" on their ID cards and other legal papers.
While advocates for transgender people have been very active in campaigning against the use of sex reassignment surgery as the criteria to use the name prefix in accordance with their gender identity, the public silence from women's groups on the draft bill is thunderous.
Is it because they believe the legal solution does not work because the gender problem essentially stems from cultural values and prejudices? Is it because they believe they have already done their job by putting the agenda in the legislators' hands? Or is it because they believe the draft bill won't make it anyway, since the National Legislative Assembly will soon be dissolved?
Whatever the answer, one thing is certain: the battle for gender justice will be a long and difficult one.
That is why Nukid and many women must find their own individual solutions while many others are left on their own to struggle with the injustice.
progressive - has modern ideas about how things should be done
post-operation transgender women - someone biologically transformed into a woman by surgery
sex reassignment surgery - surgery that transforms someone biologically into a woman
stems from - is caused by
agenda - goals to achieve
injustice - a situation that is not fair
Sanitsuda Ekachai is Assistant Editor (Outlook), Bangkok Post.
Email: sanitsudae@bangkokpost.co.th
Answer Key:
1. Summarise the problem that women in Thailand face with name prefixes.
(Must read whole article to answer)
2. What would the draft bill on name prefixes for women do?
It would change laws that require women to use certain prefixes in front of their names depending on whether they are married, not yet married, or divorced.
3. Who is Nukid?
Nukid is the maid of Bangkok Post editor and writer writer Sanitsuda Ekachai.
4. What does Nukid think about the draft bill on name prefixes? Why?
She doesn't care about it at all, because she has found her own solution to the problem of name prefixes that women in Thailand face.
She has not registered her marriage even though she has a husband and a child. Because her marriage is not registered she can still use the prefix "Nangsao" (Miss).
5. Why are many women keeping their fingers crossed about the bill?
Do they want the bill to pass? Why or why not? (Express your opinion)
6. If Nukid's husband left her for another woman and she became a "Mia Noi" with the new woman becoming the "Mia Luang" wouldn't this create problems for her?
No, this would not be a problem for several reasons:
a. Her and her husband have no money or property that a marital status would help claim.
b. If a husband leaves, the wife always ends up taking are of the children anyway.
c. If she and her husband separated permanently, she would not have to carry her divorce papers around with her as she is required to do by law.
d. If she was divorced, she could not use a "Nangsao" title.
The Nangsao title makes life easier in many ways:
a. It's easier to find a job with a Nangsao title.
b. Legal matters with her children would also be easier with a "Nangsao" title.
c. Finding another man and having a serious relationship with him would also be easier with a "Nangsao" title.
7. What other kinds of problems do marriage laws create for professional women?
a. Divorce rates are high, so divorce is a possibility.
b. Social discrimination is prevalent against divorced women.
c. Married women must provide documents certifying "spousal consent" when they enter into legal or business deals.
d. Men do not have to provide these documents because the "Nai" prefix before their names doesn't identify their marital status.
e. The "spousal consent" requirement gives the man power when there are marital problems which he can use to make life difficult for his estranged wife (power games).
f. If the estranged husband cannot be found, the wife cannot enter into business deals at all.
8. What percentage of women would like the current laws changed?
(Use inference)
According to a nationwide survey about 66% (1:36% + 2:30%)
9. How would the draft law allow women to use name prefixes?
It would allow both divorced and married women the choice of either "Nang" (Mrs) or "Nangsao" (Miss).
10. How would the new law help transgender people?
It would allow them to use the gender they have chosen after gender changing surgery ("sex reassignment surgery").
11. Do transgender people want surgery to be the requirement for using female prefixes such as "Nangsao"? Why or why not? (Express your opinion)
No, they do not want surgery to be the requirement, probably because many of they wish to change gender without surgery.
12. Why do you think that women's groups have been silent about the draft law?
(Express your opinion)
13. What name prefixes are used in foreign countries such as Japan, South Korea, the US, Europe, or Muslim countries such as Malaysia?
(Outside research required)
14. Are name prefix laws in these other countries and cultures more or less oppressive than laws in Thailand? (Compare)
