Citizens Without Rights

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Are they not humans?


Eunuchs: Citizens without Rights

Abhishek Kumar Jha

National University of Study and Research in Law, Ranchi

INDIA

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Table of Contents

1. Introduction............................................................................................................................2

2. Hijras- The third sex... ..........................................................................................................3

3.Transgenderism in India............................................................................... ..........................4

4.Eunuchs : Crying for Justice ..................................................................................................6

5.Light at the end of Tunnel ......................................................................................................7

6.Reflection of PUCL Report.... . ..............................................................................................8

7.Conclusiom............................................................................................................................10

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Introduction

Most of us, at some point or the other, have encountered eunuchs, or Hijras or Kinnars as

they are called, in trains, crowded streets or subways clapping loudly, singing, dancing and

taking baksheesh in exchange for blessings. Unfortunately, that is only how far our

knowledge goes about them. What is even more deplorable is that we refuse to see beyond

those ridiculed faces and notice that there is more to them than this stereotyped image.

Asian countries have centuries-old histories of existence of gender-variant males - who in

present times would have been labelled as 'transgender women'. India is no exception. In

India, people with a wide range of transgender-related identities, cultures, or experiences

exist – including Hijras, Aravanis, Kothis, Jogtas/Jogappas, and Shiv-Shakthis. Often these

people have been part of the broader culture and treated with great respect, at least in the past,

although some are still accorded particular respect even in the present. The term 'transgender

people' is generally used to describe those who transgress social gender norms. Transgender

is often used as an umbrella term to signify individuals who defy rigid, binary gender

constructions, and who express or present a breaking and/or blurring of culturally prevalent

stereotypical gender roles. Transgender people may live full- or part-time in the gender role

'opposite' to their biological sex.

The word hijra is an Urdu word meaning eunuch or hermaphrodite. However, in reality,

hijras are very diverse and most join the community as young boys. Hijras consist of

hermaphrodites, as well as women who are unable to menstruate and lead the “normal”

female life which consists of getting married and producing children.

The population of hijras in India is estimated to be between 50,000 and 1.2 million. There is a

huge disparity in the numbers because population censuses only give space to define either

males or females. There are no reliable statistics. Despite the fact that the transgender

community in India consists more than one million people, including both those who are

biologically of neutral sexes as well as those born as either of the „recognized sexes‟ but with

intense opposite souls (called transvestites, majority of whom are males who identify

themselves with women), it still scrambles to fend for an identity of its own as a recognized

member of the society. They not only struggle to find acceptance by common people but are

also subject to prejudice, disgust, and derogatory remarks more than any other marginalized

group of the society.

The objective of this project is to identify the plights of this particular community and initiate

some necessary steps to tackle this problem of the society as a whole.

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Man is born free; and everywhere he is in chains.

-Jean Jacques Rousseau

Hijras – The Third Sex

The hijras are an ancient community in the Indian subcontinent with members in Pakistan and

Bangladesh. They are classified as the third sex and have their own gender role. They are not

considered either because of their inability to reproduce. In the Indian subcontinent, great

emphasis is placed on one‟s ability to have children. Someone who is unable to have children

is not considered a true man or woman. Therefore, hijras are a separate identity, who fit into

neither category, with aspects of both genders.

The population of hijras in India is estimated to be between 50,000 and 1.2 million. There is a

huge disparity in the numbers because population censuses only give space to define either

males or females. There are no reliable statistics.

Their face is their fortune. Caked in cheap rouge, kajal, powder and lipstick, they dress in ill-

fitting blouses and colourful saris in a grotesque parody of womanhood as they roam the busy

marketplaces in groups, terrorizing pedestrians, hustling for ten or a hundred rupees. These

are not your average beggars on the street.

India is the only country where the tradition of eunuchs is prevalent today. There are about 1

million of them, though their role in life has changed drastically from that of royal servants,

confidantes and friends.

Eunuchs, or hijras as they are called here, have become something to be feared. Nobody

wants to be accosted by one of them - be nudged with their elbows, stroked on the cheek,

taunted, cursed and flashed.

It's by taking advantage of this discomfort and embarrassment at their existence, that hijras in

21st Century India are making their living. Begging isn't their only source of income. It's an

age-old custom in the country to have hijras bless childbirths, weddings, housewarmings and

other auspicious occasions. The eunuchs are believed to possess occult powers, and their

blessings - and curses - are both considered potent.

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TRANSGENDERISM IN INDIA

Gender is a multifaceted construct, a complex phenomenon viewed differently in different

societies. In Western society, traditional views of gender enforce a female or male role,

causing many to repress characteristics associated with the opposite gender. Some societies,

however, allow individuals to discover and express opposite gender identity and behaviours.

For someone in Western society, examining gender in another society can be beneficial. Just

as those who sketch landscapes place themselves in the plain to consider the nature of

mountains, one can learn more about gender in their society by examining places in which

transgender acceptance is higher. India, for example, has a special role for male-to-female

transgenders called hijras, who are treated differently than transgenders are treated in the

West. By examining hijras in India, one can heighten understanding of transgenderism and

learn how transgenders everywhere can achieve greater acceptance.

Unlike Western society, where transgenders often keep their lifestyle secret, transgenders in

India have an active and celebrated lifestyle. All distinctions of transgenderism: transexuals,

transvestites, hermaphrodites, and intersexuals are drawn to a special role in India called

hijras.1 Hijras are unique because they have an active social organization that is both

traditional and ritualistic.2 Besides tradition, tolerance of transgenderism in India is also due

to the countryís population and diversity - ideal ingredients for an organized form of

transgenderism.

Hijras earn a living by prostitution or by performing a traditional ceremony which occurs

whenever a new baby is born in the community. This is a christening ceremony composed of

music, singing, and dancing performed at the home of the new infant. Hijras and the new

parents negotiate a payment and performance time before the event. Local people participate

in the ceremony, which is an established part of Indian culture. It should be noted, however,

that this ceremony is not wholly accepted by everyone. It is sometimes viewed with

contempt, wherewith hijras are paid money for a timely exit. When hijras earn a living by

prostitution, they work in houses composed of entirely hijras prostitutes in red-light districts,

others may work for a pimp. Customers know they are transgendered and specifically seek

them out. As in all societies, negative views of transgenderism exist, and this, compounded

1 Nanda, S. (1990). Neither Man nor Woman, The Hijras of India. p.19 Belmont, CA: Wadsworth Publishing

Company 2 Freilich, M., Raybeck, D., Suvishinsky, J. (1991). Deviance - Anthropological Perspectives. P.150 New York:

Greenwood Publishing Group, Inc

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by the ramifications of prostitution, cause many hijras to live in ghettos. But despite this, a

third gender is still an incorporated part of Indian society which has religious meaning and

social support.3

Besides India, the concept of a third gender is found in other non-Western cultures. Many

Native Americans were tolerant of a third sex category called berdaches.4 The Mahu of Tahiti

have a distinct category for transgenders, and male transgenders in contemporary Philippines

crossdress with social approval. In fact, there are numerous examples of non-Western

societies demonstrating tolerance of transgenderism, and sometimes, non-Western societies

do not associate transgenderism with homosexuality.

y examining hijras in India, one can understand the ingredients of transgender acceptance.

The hijras lifestyle is traditional, dating back through generations. For this reason, people

become accustomed to transgenderism as they grow from infancy into adulthood, just as they

learn to understand and appreciate other aspects of their culture. Though hijras experience

negativity, the traditional component garners acceptance. Similarly, a greater knowledge of

gender is growing within Western Society too, and consequently - greater acceptance.

Westerners are interacting with transgenders more, as well as becoming more educated about

gender. As a result, Westerners are understanding gender diversity and are learning to

appreciate what those with this special gift have to offer.

3 Freilich, M., Raybeck, D., Suvishinsky, J. (1991). Deviance - Anthropological Perspectives. p.153 New York:

Greenwood Publishing Group, Inc 4 Greenberg, D. F. (1985). Why Was The Berdache Ridiculed? Journal Of Homosexuality, Volume 11, No. 3-

4.p.181 New York: Hawthorne Press Inc.

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Eunuchs cry for justice

Eunuchs, OR hijras as we Indians call them, are of course victims of social narrow-

mindedness. Cast out for a fault not of their own, they are the hated beings of our society.

Currently, there are approximately 50, 000 to 1.2 million hijras in India. Ostracized since

birth, they are forced to create a marginalised community of their own, to live at the fringes

of society. This marginalisation does not ‟just happen‟. It is done by all of us „normal‟

people, daily.

As children, we indoctrinate the belief that all hijras are evil, that they kidnap kids and are

harbingers of everything bad. This is the belief that we carry with us as adults and teach to

the next generation. This way, generation by generation, the hijras remain outcasts, shunned

by society. A family retains its „izzat‟ (honour) by not letting a hijra into its household and

by just not having anything to do with them. This shunning is not because there is anything

wrong with the hijras themselves. It is more because the society finds it hard to accept

„otherness‟ and is willing to cling to the stifling Victorian laws and beliefs. In a society where

the entire focus is on male/female segregation and laws based on the “biological” sex

differentiation, the existence of “Transgender persons” is just an anomaly to be brushed under

the carpet. These people always live under the threat of violence and abuse.

There is a concerted effort in the world to bring down the prejudices and violence statistics

against Transgender persons as it is seen that the highest rate of death by violent murder in

the US and South America, even by the police, is against transgender persons. One in 12

transgender women are murdered in the USA. Sixty per cent of all transgender persons in the

USA have been subjected to violent hate crimes due to bigotry and intolerance.

Majority of transgender people live in slums and due to limited education and in some cases

absolute illiteracy, are unable to find any job opportunities due to which an estimated 80% of

them resort to begging and prostitution as a mode to earn their livelihood. Even if they are

capable of doing a respectable job, no one is willing to employ them because of their identity.

http://www.merinews.com/topic/india-social-issue.shtml

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Light at the end of tunnel

As the adage goes „There‟s always light at the end of the tunnel‟, even for this community

signs of changing times have begun to appear. Up until recently, transgender community had

no legal rights, no ration cards and no voter identity. Although gradually, but their status in

the society is undergoing an improvement.

The best example in recent times is of the participation of noted social activist and

transgender Laxmi Narayan Tripathi in the Bigg Boss show. Even after she was eliminated,

Laxmi says she managed to send across the message nationwide that they can live a normal

and harmonious life as well.

In 2006, owing to their skill of persuasion, the Bihar government employed Hijras for

collecting taxes –singing and dancing loudly at the defaulter‟s doorsteps until he/she feel

ashamed into paying up- an effective technique to deal with tax evasion.

Recently, the government of Tamil Nadu issued ration cards to the community with the

column for „sex‟ marked with „T‟, or Third gender, giving them a certain degree of

acceptance in the fabric of Indian society.

Though transsexuals were allowed to vote from 1994, they had to mark their „sex‟ as „M‟ or

„F‟ but now the Election Commission has allowed them to declare their „sex‟ as „O‟,

indicating „Others‟. This step is again a metaphor that the community that has always

remained on the periphery is finding its way inside.

Bangalore University, going a step forward, has reserved quota of one seat in each of the 52

post-graduate courses that it offers. Similar to the above two examples, the application form,

apart from male and female, will have a 'TG' (transgender) option too

But what is of utmost importance is the need for Indian people to shun their belief that being

a transgender is all about begging and prostitution. We need to break free from our narrowed

mindsets and realize that all a transgender desires is a life of dignity- just like you and me.

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Reflections on the PUCL Report

In September 2003, the Peoples Union for Civil Liberties, Karnataka (PUCL-K) published a

truly remarkable report on human rights violations against the transgender community in

India. In the spring of 2004, I was fortunate to obtain a hardcopy of the report, and I wish to

alert you to it via this webpage.

The 117 page PUCL report begins by providing background on the social, cultural and

political context of the Kothis and Hijras. It then documents violence and abuse against these

peoples via testimonies of many who have been directly affected, and goes on to discuss the

institutional basis of all this violence. The report then documents efforts by the Kothi and

Hijra to organize and protest the violence and discrimination that they face. It also documents

many useful recommendations on how to improve the plight of transgender people in India.

The report concludes with many useful appendices of valuable information, including contact

information for Kothi and Hijra support organizations.

Th PUCL report provides valuable insights into Hijra life. Many of you may not realize that

the Hijra traditions and community go back 4000 years in India. Hijra practices include a

tradition innovated thousands of years ago for surgically intervening in cases of

transsexualism so as to effect a "sex change" from male towards female. You will learn in

this report that the practice of a "one-year real-life test", which we think of as part of the

"modern HBIGDA tradition", may itself have originated in ancient Hijra traditions. This

time-test is practiced there to this day, in this case under Hijra gurus instead of psychiatric

"gatekeepers".

The PUCL Report reveals all too clearly the trap that transgender women often fall into in

traditional societies: They become outcasts, because they have no family to harbor them,

and then - having no means of support - become labeled as a sex object and forced by

circumstances into sex work in order to survive. When young and nubile, transgender women

may take some degree of comfort in their acceptance as a women by the men who use them

sexually, not realizing the long-term difficulties that they will face later in life as they ages in

a society that offers no other kind of work for them to engage in (other than begging).

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While reading this amazing report, you will be struck with how similar in many ways is the

plight of the Hijra to that of young transgender women in many western countries, where so

many are similarly forced onto the streets of our big cities. Thrown away by their families,

and unable to obtain proper documentation, education and employment, many kids must

resort to sex work in violent environments in order to survive. See, for example, the recent

Southern Poverty Law Center investigative report "Disposable People: A wave of violence

engulfs the transgendered, whose murder rate may outpace that of all other hate killings",

about the plight of minority transgender youth in Washington, D.C.

After reflecting on these difficulties, the PUCL report has many positive things to offer -

especially in its recommendations about how the situation of the Hijra and Kothi can be

improved in the future. It also implicitly suggests how very large are the numbers of

transgender people worldwide, and how similar are their problems in many other countries.

If we could find ways to band together in solidarity on a more global scale, we could press

more firmly for changes within each separate country. This report provides much food for

thought as we contemplate these possibilities.

http://www.splcenter.org/intel/intelreport/article.jsp?pid=276

http://www.splcenter.org/intel/intelreport/article.jsp?pid=276

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Conclusion

To go over to the other side of the fence, it is also true that most hijras are not willing to fight

for what is their right. Like us, since birth they are also instilled with the belief that there is

something wrong with them. They grow up believing that they are indeed not „normal‟ and

that their ostracizing is correct, if not fair.

Since they do not also end up having respect for themselves, they do not fight for the severe

injustice meted out to them. The fact that they will never be able to own property, take up a

normal job, live with society is swallowed like a bitter pill. They end up becoming the

stereotypes they in reality are not, for the sole purpose of surviving.

Since the society is unwilling to give them any respectable means of livelihood, they resort to

blackmail and extortion. But then, it is harassment as well. Anyone who cannot afford to pay

them is harassed.

It seems that the hijras have become comfortable with their position as outcasts as long as

they get the money (though I believe the policemen also take a lion‟s share). It is for us to

help them get rid of their lethargy and help them access what is rightfully theirs. And as for

us, we sure could with a little opening up of our minds.

The report of PUCL says the problem is not "sexual-gender expression" but the conservative

society's ignorance, discrimination and intolerance towards sexual minorities.

"The Constitution gives rights on the basis of citizenship and not on the grounds of

gender," says Babu Matthew, a human rights activist and professor at the National Law

School of India.

"They are also human beings. They should be given the opportunity to

lead a normal life."

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