An Inconspicuous Existence

In this world, there are men, women, religions, castes, races …and amongst the din of these, there is one community that has failed to assert its identity! This is the lesser-known, lesser-talked about, lesser-researched and lesser-represented community of Transgenders and Eunuchs!

It is to be understood that, ‘transgender’ refers to an individual’s choice of his or her own identity. This self-identification may not match one’s assigned sex. ‘Eunuchs’ are those people who wish to be treated neither as male nor as female and embrace a lifestyle that is in conformity to their sexual divergence. The legend says that during the Kurukshetra war in Mahabharata, the son of Arjun, Aravan, offered himself to be sacrificed to Goddess Kali to ensure the victory of Pandavas. But as his last wish, he expressed the desire to spend the last day of his life in nuptials. Since no lady was ready to stake her life for a man who was sure to die, Lord Krishna assumed the form of a woman named Mohini and married him. The transgenders believe themselves to be the descendents of Aravan and call themselves Aravanis.

It is heartening that the neglect, humiliation and violence that this community has faced through the legitimate and democratic institutions of this country (like police, medical institutions, laws etc), tacitly and painfully, begins right from the family they take birth in. The community suffers a vicious neglect not only in the tangible areas of education, health and employment but also in the subtle-human fields of equality, dignity, respect and acceptance. The prejudice against them can be judged from the fact that in 1897 an amendment was made to the Criminal Tribes Act 1871 that put the eunuchs in the same category as criminals. The amendment was titled as "An Act for the Registration of Criminal Tribes and Eunuchs". Not only this, the rights of these people to property, inheritance, adoption, compensation etc are either not recognized or not defined by law. They are regular subjects to police hostilities, illegal detentions and abuse- physical and psychological. They have been regarded as errant in the society and similarly treated; the social stigma is intense and leads to further discrimination and humiliation.

United Nations Development Program, India published a report in Dec 2010 on ‘Hijras/Transgender Women In India: HIV, Human Rights And Social Exclusion’. It observed that Hijras/TG communities face several sexual health issues including HIV.  They also find it hard to come to terms with their gender identity and hence face shame and fear. This makes them more prone to alcohol and substance abuse in order to beat the depression and stress.

It has been found that the prevalence of HIV among rural Hijras is 17.5% against 41% among urban Hijras. This incidence is 50 times higher than the HIV prevalance in general population. Unfortunately, the contemporary community forums/programs hardly address their primary mental health needs which include social stigma, lack of social support, HIV status and violence-related stress. National Aids Control Program III has taken a progressive step (although as late as in 2007) in this regard by introducing Transgenders as the core group on which attention is focused for the prevention of HIV. It also envisages a greater role for them in HIV policy formulation and implementation.

The all-round derision of this community has led to their exclusion from social and cultural life, political participation and economic prospects and opportunities. It is time we gave them their due and made an effort to bring them into the national mainstream. The process, although not on a very big scale, began in 1990, with the publication of Bombay Dost, the first gay magazine in India. The Amnesty International also, for the first time in 1991, advocated the rights of the people imprisoned because of their sexual orientation. The landmark 2009 judgment of the Delhi High Court that struck down the 150 year old Article 377 of IPC, which criminalized consensual homosexual activities among adults, is also a welcome step in the right direction. The hitherto invisible community also staged a powerful effort to draw attention towards their rightful demands through the series of Hijra habba festivals. These festivals aim to attract the attention of the government to include and involve them in the intervention programs in a manner that is sensitive to their identity and needs. In 2011, India Centre for Legal Rights and Aid established the first forum of transgenders where they spoke about the violation of their rights, their health needs and their experiences with violence. The initiative of the Tamil Nadu government to observe April 15 every year as the Transgenders Day is a recognition of their struggle for a rightful place in the society. At the international level, events like Gay Pride Week also help bring awareness among the prejudiced rest about the problems confronting LGBTs.

Though a lot of civil society organizations have sprung up in the last two decades to further their cause and concerns, there is still a lot to be done. Today when we talk of inclusive growth, we must be sensitive to the needs of the community which has been oppressed and ostracized for long. Let us be more accommodative of them in our lives, families, public spaces, institutions and workplaces; and make them more confident to assert their rights and live a life of dignity!

References:
1) UNDP India Report : Hijras/Transgender Women In India- HIV, Human Rights and Social Exclusion
2) PUCL-K Report: Human Rights Violations Against Sexual Minorities In India