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Hijras Gender Reassignment

For other uses, see Hijra (disambiguation).

Hijra (for translations, see [n 1]) is a term given to eunuchs, intersex people, and transgender people in South Asia.[1][2][3][4][5] They are also known as Aravani, Aruvani or Jagappa.[6] In many languages of India, especially outside North-West India, other terms are used such as chhakka.[7]

Hijras are officially recognized as third gender in South Asian countries,[2][8][9][10] being considered neither completely male nor female. Hijras have a recorded history in the Indian subcontinent from antiquity onwards as suggested by the Kama Sutra period.

Many hijras live in well-defined and organised all-hijra communities, led by a guru.[11][12] These communities have sustained themselves over generations by "adopting" boys who are in abject poverty, rejected by, or flee, their family of origin.[13] Many work as sex workers for survival.[14]

The word "hijra" is a Hindi-Urdu word,[15][16] derived from the Semitic Arabic roothjr in its sense of "leaving one's tribe".[17] The Indian usage has traditionally been translated into English as "eunuch" or "hermaphrodite", where "the irregularity of the male genitalia is central to the definition."[18] However, in general hijras are born male, only a few having been born with intersex variations.[19] Some Hijras undergo an initiation rite into the hijra community called nirwaan, which refers to the removal of the penis, scrotum and testicles.[14]

Since the late 20th century, some hijra activists and Western non-government organizations (NGOs) have lobbied for official recognition of the hijra as a kind of "third sex" or "third gender", as neither man nor woman.[20] Hijras have successfully gained this recognition in Bangladesh and are eligible for priority in education.[21][22] In India, the Supreme Court in April 2014 recognised hijra and transgender, eunuchs, intersex people as a 'third gender' in law.[1][23][24] Nepal, Pakistan, India, and Bangladesh have all legally accepted the existence of a third gender, with India including an option for them on passports and certain official documents.[25]

Terminology[edit]

The Urdu and Hindi word hijra may alternately be romanized as hijira, hijda, hijada, hijara, hijrah and is pronounced [ˈɦɪdʒɽaː]. This term is generally considered derogatory in Urdu and the word Khwaja Sara is used instead. Another such term is khasuaa (खसुआ) or khusaraa (खुसरा). In Bengali, hijra is called হিজড়া, hijra, hijla, hijre, hizra, or hizre.

A number of terms across the culturally and linguistically diverse Indian subcontinent represent similar sex or gender categories. While these are rough synonyms, they may be better understood as separate identities due to regional cultural differences. In Odia, a hijra is referred to as hinjida, hinjda or napunsaka, in Telugu, as napunsakudu (నపుంసకుడు), kojja (కొజ్జ) or maada (మాడ), in Tamil Nadu, Thiru nangai (mister woman), Ali, aravanni, aravani, or aruvani, in Punjabi, khusra and jankha, in Sindhikhadra, in Gujarati, pavaiyaa (પાવૈયા).

In North India, the goddess Bahuchara Mata is worshipped by Pavaiyaa (પાવૈયા). In South India, the goddess Renuka is believed to have the power to change one's sex. Male devotees in female clothing are known as Jogappa. They perform similar roles to hijra, such as dancing and singing at birth ceremonies and weddings.[26]

The word kothi (or koti) is common across India, similar to the Kathoey of Thailand, although kothis are often distinguished from hijras. Kothis are regarded as feminine men or boys who take a feminine role in sex with men, but do not live in the kind of intentional communities that hijras usually live in. Additionally, not all kothis have undergone initiation rites or the body modification steps to become a hijra.[27] Local equivalents include durani (Kolkata), menaka (Cochin),[28]meti (Nepal), and zenana (Pakistan).

Hijra used to be translated in English as "eunuch" or "hermaphrodite",[18] although LGBT historians or human rights activists have sought to include them as being transgender.[29] In a series of meetings convened between October 2013 and Jan 2014 by the transgender experts committee of India's Ministry of Social Justice and Empowerment, hijra and other trans activists asked that the term "eunuch" be discontinued from usage in government documents, as it is not a term with which the communities identify.

Gender and sexuality[edit]

These identities have no exact match in the modern Western taxonomy of gender and sexual orientation,[29] and challenge Western ideas of sex and gender.[14]

In India, some Hijras do not define themselves by specific sexual orientation, but rather by renouncing sexuality altogether. Sexual energy is transformed into sacred powers. However, these notions can come in conflict with the practical, which is that hijras are often employed as prostitutes.[30] Furthermore, in India a feminine male who takes a "receptive" role in sex with a man will often identify as a kothi (or the local equivalent term). While kothis are usually distinguished from hijras as a separate gender identity, they often dress as women and act in a feminine manner in public spaces, even using feminine language to refer to themselves and each other. The usual partners of hijras and kothis are men who consider themselves heterosexual as they are the ones who penetrate.[31] These male partners are often married, and any relationships or sex with "kothis" or hijras are usually kept secret from the community at large. Some hijras may form relationships with men and even marry,[32] although their marriage is not usually recognized by law or religion. Hijras and kothis often have a name for these masculine sexual or romantic partners; for example, panthi in Bangladesh, giriya in Delhi or sridhar in Cochin.[28]

Social status and economic circumstances[edit]

Most hijras live at the margins of society with very low status; the very word "hijra" is sometimes used in a derogatory manner. The Indian lawyer and author Rajesh Talwar has written a book highlighting the human rights abuses suffered by the community titled 'The Third Sex and Human Rights.'[33] Few employment opportunities are available to hijras. Many get their income from extortion (forced payment by disrupting work/life using demonstrations and interference), performing at ceremonies (toli), begging (dheengna), or sex work ('raarha')—an occupation of eunuchs also recorded in premodern times. Violence against hijras, especially hijra sex workers, is often brutal, and occurs in public spaces, police stations, prisons, and their homes.[34] As with transgender people in most of the world, they face extreme discrimination in health, housing, education, employment, immigration, law, and any bureaucracy that is unable to place them into male or female gender categories.[35]

In 2008, HIV prevalence was 27.6% amongst hijra sex workers in Larkana, Pakistan.[36] The general prevalence of HIV among the adult Pakistani population is estimated at 0.1%.[37]

In October 2013, Pakistani Christians and Muslims (Shia and Sunni) put pressure on the landlords of Imamia Colony to evict any transgender residents. "Generally in Pakistan, Khwaja Sira are not under threat. But they are in Khyber Pakhtunkhwa Province because of a 'new Islam' under way", I.A. Rehman, the director of the Human Rights Commission of Pakistan.[38]

In a study of Bangladeshi hijras, participants reported not being allowed to seek healthcare at the private chambers of doctors, and experiencing abuse if they go to government hospitals.[39]

Beginning in 2006, hijras were engaged to accompany Patna city revenue officials to collect unpaid taxes, receiving a 4-percent commission.[40]

Since India's Supreme Court re-criminalized homosexual sex on 13 December 2013, there has been a sharp increase in the physical, psychological and sexual violence against the transgender community by the Indian Police Service, nor are they investigating even when sexual assault against them is reported.[41]

On 15 April 2014, in National Legal Services Authority v. Union of India, the Supreme Court of India ruled that transgender people should be treated as a third category of gender or as a socially and economically "backward" class entitled to proportional access and representation in education and jobs.[42]

Language[edit]

The hijra community due to its peculiar place in sub-continental society which entailed marginalisation yet royal privileges developed a secret language known as Hijra Farsi. The language has a sentence structure loosely based on Urdu and a unique vocabulary of at least a thousand words. Beyond the Urdu-Hindi speaking areas of subcontinent the vocabulary is still used by the hijra community within their own native languages.

In South Asian politics[edit]

The governments of both India (1994)[43] and Pakistan (2009)[44] have recognized hijras as a "third sex", thus granting them the basic civil rights of every citizen. In India, hijras now have the option to identify as a eunuch ("E") on passports and on certain government documents. They are not, however, fully accommodated; in order to vote, for example, citizens must identify as either male or female. There is also further discrimination from the government. In the 2009 general election, India's election committee denied three hijras candidature unless they identified themselves as either male or female. In 2013, transgender people in Pakistan were given their first opportunity to stand for election.[45] Sanam Fakir, a 32-year-old hijra, ran as an independent candidate for Sukkur, Pakistan's general election in May.[46]

In April 2014, Justice KS Radhakrishnan declared transgender to be the third gender in Indian law, in a case brought by the National Legal Services Authority (Nalsa) against Union of India and others.[1][23][24] The ruling said:[47]

Seldom, our society realises or cares to realise the trauma, agony and pain which the members of Transgender community undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex. Our society often ridicules and abuses the Transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are sidelined and treated as untouchables, forgetting the fact that the moral failure lies in the society's unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change.

Justice Radhakrishnan said that transgender people should be treated consistently with other minorities under the law, enabling them to access jobs, healthcare and education.[48] He framed the issue as one of human rights, saying that, "These TGs, even though insignificant in numbers, are still human beings and therefore they have every right to enjoy their human rights", concluding by declaring that:[47]

  1. Hijras, Eunuchs, apart from binary gender, be treated as "third gender" for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature.
  2. Transgender persons' right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender.

A bill supported by all political parties was tabled in Indian parliament to ensure transgender people get benefits akin reserved communities like SC/STs and is taking steps to see that they get enrollment in schools and jobs in government besides protection from sexual harassment.[49]

History[edit]

The ancient Kama Sutra mentions the performance of fellatio by feminine people of a third sex (tritiya prakriti).[50] This passage has been variously interpreted as referring to men who desired other men, so-called eunuchs ("those disguised as males, and those that are disguised as females"[51]), male and female trans people ("the male takes on the appearance of a female and the female takes on the appearance of the male"),[52] or two kinds of biological males, one dressed as a woman, the other as a man.[53]

Franciscan travelers in the 1650s noted the presence of "Men and boys who dress like women" roaming the streets of Thatta, in modern Pakistan. The presence of these individuals was taken to be a sign of the city's depravity.[54] During the era of the British Raj, authorities attempted to eradicate hijras, whom they saw as "a breach of public decency."[55] Anti-hijra laws were repealed; but a law outlawing castration, a central part of the hijra community, was left intact, though rarely enforced. Also during British rule in India they were placed under the Criminal Tribes Act 1871 and labelled a "criminal tribe", hence subjected to compulsory registration, strict monitoring and stigmatized for a long time; after independence however they were denotified in 1952, though the centuries-old stigma continues.[56]

In religion[edit]

Many practice a form of syncretism that draws on multiple religions; seeing themselves to be neither men nor women, hijras practice rituals for both men and women.

Hijras belong to a special caste. They are usually devotees of the mother goddess Bahuchara Mata, Lord Shiva, or both.

Bahuchara Mata[edit]

Bahuchara Mata is a Hindu goddess with two unrelated stories both associated with transgender behavior. One story is that she appeared in the avatar of a princess who castrated her husband because he would run in the woods and act like a woman rather than have sex with her. Another story is that a man tried to rape her, so she cursed him with impotence. When the man begged her forgiveness to have the curse removed, she relented only after he agreed to run in the woods and act like a woman. The primary temple to this goddess is located in Gujarat[57] and it is a place of pilgrimage for hijras, who see Bahuchara Mata as a patroness.

Lord Shiva[edit]

One of the forms of Lord Shiva is a merging with Parvati where together they are Ardhanari, a god that is half Shiva and half Parvati. Ardhanari has special significance as a patron of hijras, who identify with the gender ambiguity.[57]

In the Ramayana[edit]

In some versions of the Ramayana,[58] when Rama leaves Ayodhya for his 14-year exile, a crowd of his subjects follow him into the forest because of their devotion to him. Soon Rama notices this, and gathers them to tell them not to mourn, and that all the "men and women" of his kingdom should return to their places in Ayodhya. Rama then leaves and has adventures for 14 years. When he returns to Ayodhya, he finds that the hijras, being neither men nor women, have not moved from the place where he gave his speech. Impressed with their devotion, Rama grants hijras the boon to confer blessings on people during auspicious inaugural occasions like childbirth and weddings. This boon is the origin of badhai in which hijras sing, dance, and give blessings.[59]

In the Mahabharata[edit]

Mahabharata includes an episode in which Arjun, a hero of the epic, is sent into an exile. There he assumes an identity of a eunuch-transvestite and performs rituals during weddings and childbirths that are now performed by hijras.[60]

In the Mahabharata, before the Kurukshetra War, Iravan offers his lifeblood to goddess Kali to ensure the victory of the Pandavas, and Kali agrees to grant him power. On the night before the battle, Iravan expresses a desire to get married before he dies. No woman was willing to marry a man doomed to die in a few hours, so Arjuna as Brihinala marries him. In South India, hijras claim Iravan as their progenitor and call themselves "aravanis".[59]

"Sangam literature use ' word 'Pedi' to refer to people born with Intersex condition, it also refers to antharlinga hijras and various Hijra, The Aravan cult in Koovagam village of Tamil Nadu is a folk tradition of the transwomen, where the members enact the legend during an annual three-day festival. "This is completely different from the sakibeki cult of West Bengal, where transwomen don't have to undergo sex change surgery or shave off their facial hair. They dress as women still retaining their masculine features and sing in praise of Lord Krishna". "Whereas, since the Tamil society is more conservative and hetero-normative, transwomen completely change themselves as women. In the ancient times, even religion has its own way of accepting these fringe communities." The Bachura Devi worship in Gujarat and Jogappa cult of Karanataka are the other examples.the kinds of dialects and languages spoken by these community in different parts of the country and the socio-cultural impact on the lingo. 'Hijra Farsi' is the transgender dialect, a mix of Urdu, Hindi and Persian spoken in the northern belt of India, Pakistan and Afghanistan and 'Kothi Baashai' is spoken by the transgender community in Karnataka, Andhra, Orissa and parts of Tamil Nadu. "They even have sign languages and typical mannerisms to communicate. The peculiar clap is one such"

—Gopi Shankar Madurai, National Queer Conference 2013[61][62]

Each year in Tamil Nadu, during April and May, hijras celebrate an eighteen-day religious festival. The aravani temple is located in the village Koovagam in the Ulundurpet taluk in Villupuram district, and is devoted to the deity Koothandavar, who is identified with Aravan. During the festival, the aravanis reenact a story of the wedding of Lord Krishna and Lord Aravan, followed by Aravan's subsequent sacrifice. They then mourn Aravan's death through ritualistic dances and by breaking their bangles. An annual beauty pageant is also held, as well as various health and HIV or AIDS seminars. Hijras from all over the country travel to this festival. A personal experience of the hijras in this festival is shown in the BBC Three documentary India's Ladyboys and also in the National Geographic Channel television series Taboo.

In Islam[edit]

There is evidence that Indian hijras identifying as Muslim also incorporate aspects of Hinduism. Still, despite this syncretism, Reddy (2005) notes that a hijra does not practice Islam differently from other Muslims and argues that their syncretism does not make them any less Muslim. Reddy (2003) also documents an example of how this syncretism manifests: in Hyderabad, India a group of Muslim converts were circumcised, something seen as the quintessential marker of male Muslim identity.[clarification needed]

In films and literature[edit]

India[edit]

Hijras have been portrayed on screen in Indian cinema since its inception, historically as comic relief. A notable turning point occurred in 1974 when real hijras appeared during a song-and-dance sequence in Kunwaara Baap ("The Unmarried Father"). There are also hijras in the Hindi movie Amar Akbar Anthony (1977) who accompany one of the heroes, Akbar (Rishi Kapoor), in a song entitled "Tayyab Ali Pyar Ka Dushman" ("Tayyab Ali, the Enemy of Love"). One of the first sympathetic hijra portrayals was in Mani Ratnam's Bombay (1995). 1997's Tamanna[63] starred male actor Paresh Rawal in a central role as "Tiku", a hijra who raises a young orphan. Pooja Bhatt produced and also starred in the movie, with her father Mahesh Bhatt co-writing and directing. Deepa Mehta's Water features the hijra character "Gulabi" (played by Raghubir Yadav), who has taken to introducing the downtrodden, outcast widows of Varanasi to prostitution. Not surprisingly, perhaps, the film generated much controversy. There is a brief appearance of hijras in the 2004 Gurinder Chadha film Bride & Prejudice, singing to a bride-to-be in the marketplace.

The 1997 Hindi film Darmiyaan: In Between directed & co-written by Kalpana Lajmi is based on the subject of Hijra, wherein a fictitious story of an actress bearing a son that turns out to be neuter.

In the 2000 Tamil film Appu directed by Vasanth, a remake of the Hindi film Sadak, the antagonist is a brothel-owning hijra played by Prakash Raj. (In Sadak, the brothel-owning character was played by Sadashiv Amrapurkar under the name "Maharani".)

Jogwa, a 2009 Marathi film, depicts the story of a man forced to be hijra under certain circumstances. The movie has received several accolades.[64]

In Soorma Bhopali, Jagdeep encounters a troupe of hijra on his arrival in Bombay. The leader of this pack is also played by Jagdeep himself.

In Anil Kapoor's Nayak, Johnny Lever, who plays the role of the hero's assistant, gets beaten up by hijras, when he is caught calling them "hijra" (he is in habit of calling almost everyone who bothers him by this pejorative and no one cares much, except this once ironically, as the addressees are literally what he is calling them.)

One of the main characters in Khushwant Singh's novel Delhi, Bhagmati is a hijra. She makes a living as a semi-prostitute and is wanted in the diplomatic circles of the city.

Vijay TV's Ippadikku Rose, a Tamil show conducted by postgraduate educated transgender woman Rose is a very successfully running program that discusses various issues faced by youth in Tamil Nadu, where she also gives her own experiences.

In addition to numerous other themes, the 2008 movie Welcome to Sajjanpur by Shyam Benegal explores the role of hijras in Indian society.

In the Malayalam movie Ardhanaari, released on 23 November 2012, director Santhosh Sowparnika tries to depict the life of a transgender person. Manoj K Jayan, Thilakan, Sukumari and Maniyanpilla Raju perform leading roles.

Tamil[edit]

See also: Transgender Rights in Tamil Nadu

Vaadamalli by novelist Su.Samuthiram is the first Tamil novel about the Aravaani community in Tamil Nadu, published in 1994.

Transgender activist A. Revathi became the first hijra to write about transgender issues and gender politics in Tamil. Her works have been translated in more than eight languages and act as a primary resources on gender studies in Asia. Her book is part of research project for more than 100 universities. She is the author of Unarvum Uruvamum (Feelings of the Entire Body): the first of its kind in English from a member of the hijra community.[65][66][67] She acted and directed stage plays on gender and sexuality issues in Tamil and Kannada. The Truth about Me: A Hijra Life Story[68] is part of the syllabus for final year students of The American College in Madurai.

Naan Saravanan Alla" (2007) and Vidya's I Am Vidya (2008) became the first transwoman autobiography.[69][70]

Pakistan[edit]

The 1992 film Immaculate Conception[71] by Jamil Dehlavi is based upon the culture-clash between a western Jewish couple seeking fertility at a Karachi shrine known to be blessed by a Sufi fakir called 'Gulab Shah' and the group of Pakistani eunuchs who guard it.

Murad (which means desire; the English title was Eunuch's Motherhood), was an award-winning biographical Telefilm drama made by Evergreen Media Europe for Pakistan's television channel Indus TV that aired in 2003. The cast had the country's top male television actors playing "hijras": Sohail Asghar, Nabeel, Qazi Wajid, Kamran Jilani. It was directed by Kamran Qureshi, written by Zafar Mairaj and produced by Iram Qureshi. It won both Best TeleFilm and Best Director awards at 2003 Indus Telefilm Festival.[72][73] The story revolves around "Saima", a trans woman, who adopts a helpless child "Murad" and her relationship with him against the backdrop of her struggling throughout her life and her "desire" for her son. She has sent him away to live at a hostel so she can earn a living as a dancer, after her son gets cross with her, due to teasing (verbal and sexual) they face while dancing. This was the first time that influential male actors came out to support "hijra" rights during interviews; noting that in Pakistani English at that time eunuch was the term to describe a transgender person, and "khwaja sara" (also khwaja sira) had not yet replaced what is now considered a derogatory term due to decades of heckling and name calling, "hijra".[74][75]

In 2004, Kamran Qureshi directed a trans drama, Moorat ("effigy", however, the English title was Eunuch's Wedding. It was produced by famous actor and producer Humayun Saeed and Abdullah Kadwani with more than a dozen star-studded cast members for a 33-episode series.[76][77] It was nominated for Best Drama Serial, Abid Ali for Best Actor, and Maria Wasti for Best Actress at the Lux Style Awards 2005.[72][78] The show was credited for making people understand the pain and abuse that khwaja sara (hijra) constantly endure when people make fun of the way they look or dress without knowing them or how they were naturally born this way. The story involves a young lady who is arranged to marry. It turns out her husband is transgender. The story unfolds trans community and their deprived and isolated world. It portrays eloquently how they, too, are not far away from the human emotions and feelings and their world not much different from the heterosexual community. Even though they are in plain sight, they are tthey are taboo subjects and are not taken seriously. This makes them suffer endlessly in silence wrapped in slurs. The 33-episode series therefore touches on transgender abuse, women abuse, poverty, immorality of arranged marriages, and child abuse.[79]

Bol (Urdu: بول meaning Speak), is a 2011 Urdu-language social drama Pakistani film. It concerns a patriarch, Hakim, who is a misogynist, a domestic abuser, a bigot, and a zealot who forces religion on his family. They face financial difficulties due to Hakim wanting a son. He rejects his transgender daughter, Saifi, as he wanted an heir and she identifies as a girl. Saifi is deeply loved by the rest of her family. As she grows up, men want to take advantage of her and she does not understand at first. However, her oldest sister intervenes and teaches Saifi about what kind of touching is inappropriate. As Saifi grows older, she is not allowed to leave the house. She finds her sister's dresses compelling and tries them on, revealing her gender identity. A neighbour played by famous South Asian singer Atif Aslam, who is in love with one of the sisters, gets Saifi a job at a place where they paint trucks, with the blessing of Saifi's sisters and mother. Saifi dresses like a boy; however, other boys sense her lack of self-esteem and eventually gang-rape her. She is saved when another transgender person, played by Almas Bobby (a transgender actor), finds her and takes her home. Hakim overhears Saifi telling her mother and Zainab what happened. When everybody is asleep, Hakim locks the room and suffocates his child for luring the men for the "shame" he would have to bear if the story got out.[80] It received several positive reviews from critics and went on to win the Best Hindi film award in IRDS Film awards 2011 by Institute for Research and Documentation in Social Sciences (IRDS).[81]

[edit]

In the graphic novel Habibi by Craig Thompson, the protagonist, Zam, is adopted by a group of hijras.

In the TV comedy Outsourced (2011), a hijra is hired by Charlie as a stripper for Rajiv's "bachelor party", much to Rajiv's utter horror.

The novel The Ministry of Utmost Happiness by Arundhati Roy features a storyline involving a hijra character named Anjum.

Documentaries[edit]

See also[edit]

References[edit]

Notes[edit]

[edit]

  1. ^ abc"India recognises transgender people as third gender". The Guardian. 15 April 2014. Retrieved 15 April 2014. 
  2. ^ abWomen's Lives around the World: A Global Encyclopedia [4 volumes], Susan M. Shaw, Nancy Staton Barbour, Patti Duncan Ph.D., Kryn Freehling-Burton, Jane Nichols, p. 87 ABC-CLIO
A group of Hijra in Bangladesh.
The Indian transgender hijras or Aravanis ritually marry the Hindu god Aravan and then mourn his ritual death (seen) in an 18-day festival in Koovagam, India.

Abir Dey’s parents were taken aback when she started wearing saris and make-up at the age of 11.

Dey was their only son, and her parents, from a middle-class family in Kolkata, are still unable to accept her gender identity. But her family’s increasing reliance on the 24-year-old’s income from dancing and working as a beautician have allowed for a tentative compromise.

Since September, she has been taking hormones to transition and gain more feminine features. But changing her identity to transgender, now allowed under Indian law, would be a step too far. “My family knows I’m different but they would not be able to handle an ID change,” she says.

Last year, the upper house passed a bill to increase educational and economic opportunities for the country’s trans population and offer protection from violence, including sexual assault. The bill was intended to strengthen a 2014 supreme court ruling that established transgender as a legal category of identity and added a third gender option on official identification documents, steps that have already been taken in Nepal, Pakistan and Bangladesh. But the bill is reported to have been put on hold by the Indian prime minister’s office last month.

For 4,000 years, Indians have recognised people who don’t identify as either male or female as hijras. According to 2011 census data, almost half a million Indians identified as hijra. Advocates say the numbers are likely to be much higher.

Establishing third-gender identity is a significant step for the community, allowing access to employment opportunities and social benefits. The effects are evident. Last year, Manobi Bandopadhyay made headlines when she took charge at Krishnagar Women’s College in West Bengal, becoming the country’s first transgender college principal. In November, K Prithika Yashini, 25, was the first trans Indian to become a police officer – in Tamil Nadu, after the Chennai high court ruled the state was wrong not to recognise her gender, citing the supreme court ruling.

However, many hijras say they would not want to change their ID – partly out of deference to their families, but also because of the realities that underlie the veneer of acceptance and integration. Third-gender IDs do not address basic rights like marriage, transferring property or adopting children, which are governed by statutes based strictly on a man-woman binary.

The inability to transfer bank accounts to children after death is one reason Dey plans to keep her male ID card, even though she identifies as transgender. “Property rights are only given to a he or she,” Dey explains. “I want to inherit my father’s land and find a job. Nobody would employ a trans person.”

One of the biggest concerns voiced by trans groups across the country was the certification process: a screening committee appointed to decide who qualifies as transgender and can receive third-gender passports and licences.

“A physical exam is not required by state authorities but many doctors are still doing it,” explains Dr L Ramakrishnan of Saathii, an HIV and Aids non-profit group in Chennai. “ID cards are only given to those who’ve had sex reassignment surgery. I’ve heard of doctors touching patients inappropriately, groping them to see if they get an erection.”

Trans Indians have also reported being turned away repeatedly because they didn’t have multiple forms of identification, including photo IDs, needed to make the change. Many leave home at the onset of puberty to join hijra communities in big cities. Often, they take with them little more than the clothes they are wearing when they flee home in search of acceptance.

Although the new law will help to raise the status of the hijra community, greater effort will be needed to tackle the entrenched discrimination they still face.

“It becomes very difficult when our own people don’t treat us as human beings,” says Rudrani Chettri, director of Mitr Trust, a community-based organisation for the trans communities in Delhi. “There’s so much discrimination. There’s acceptance but there’s also violence and hate and hypocrisy.”

The community still has problems accessing benefits, entitlements and medical treatment.

Shashi Bharti, of the Naz Foundation (India) Trust, a Delhi-based sexual health NGO, has seen her trans clients refused anti-retroviral treatment when they were unable to produce the requisite ID cards and proof of residence, often because they left documentation behind when they fled their homes. “Trans people don’t have that,” she says.

Lack of adequate medical care was a common experience for trans patients. “When they go to the government hospital, doctors ask them to show their genital areas to see what they have,” says Souvik Ghosh of Saathii. “Trans people are told to leave or are treated like aliens. There are no queues for trans people, only for men or women … Doctors will say they only serve women or men.”

Accessing healthcare was one of the reasons Abhina Aher, 41, found herself in a dingy room being castrated by a “quack” doctor seven years ago. The complications were severe: abdominal pain and uncontrollable urination. She had to wear nappies and couldn’t walk for two weeks. “Doctors refuse to treat you when you’re a trans person,” says Aher. “They won’t touch you.”

She hopes the supreme court’s decision will allow more dignity for trans people when accessing medical care, employment and educational opportunities. “We’re still being treated as untouchables,” Aher says. “The worst part is that parents are rejecting their own children … We need something to hold on to. A reason to live.”

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