Human Rights of the Third Gender in India: Beyond the Binary

163 Pages·2023·1.293 MB·English

by  Lopamudra Sengupta

Human Rights of the Third
Gender in India
“Lopamudra Sengupta’s book is an important contribution to the contemporary
interest on the role of globalization on transgender communities.”
– Serena Nanda, author, Neither Man nor Woman:
the Hijras of India (2nd edition)
“This is a timely and important book as India finds itself, perhaps rather
unwillingly, drawn into discussions of gender and sexuality like never
before. This book will doubtless incite discussion and comment towards
more engagements with issues of gender and sexual diversity that have now
been recognised as crucial to the socio-economic health of a country.”
– Niladri R. Chatterjee, professor, Department
of English, University of Kalyani
This book engages with the discourses on human rights as they apply to the
transgender or the hijra community in India, capturing not only their larger
struggle for legal rights and dignity but also their personal hardships. It
situates the issues and concerns of the Indian transgender community within
a global context to explore the extent of social justice in independent India.
By narrating stories of individuals, local movements and activities of
groups like the Association of Transgender/Hijra in Bengal (ATHB) and
others, the book gives context to the changes that globalisation has brought
to the narrative around transgenders in India. This shift has challenged
their marginalisation and has led to stories, films and queer individuals
like Chapal Bhaduri – the jatra rani – and the iconic filmmaker Rituparno
Ghosh to flourish and become relevant. This book brings these literatures
and personal stories to the fore, allowing readers to perceive the changes
and the challenges that Indian society faces when it comes to ensuring the
rights for transgender people.
This volume will be of interest to scholars of gender studies, queer studies,
literature and social work along with readers who want to engage with the
transgender movement and community in India.
Lopamudra Sengupta is an Associate Professor of Political Science at
Bangabasi College, University of Calcutta and has combined her academic
career with policy advocacy and social activism. She has been engaged with
the transgender movement in Kolkata for more than two decades. Her areas
of research interest are human rights, gender and development studies in
South Asia. She is the recipient of the UGC Travel Grant for International
Conference (2018–19) and Shastri Publication Grant from Shastri Indo
Canadian Institute (2018–19) for her monograph “Human Rights of the
Third Gender in India: Beyond the Binary”. She is the Project Director of
a Major Research Project on ‘Cultural Heritage and Sustainable Develop-
ment’, awarded by the Indian Council of Social Science Research, New Delhi
(ICSSR, 2019). She is presently a member of the West Bengal Transgender
Persons Development Board.
Human Rights of the Third
Gender in India
Beyond the Binary
Lopamudra Sengupta
First published 2023
by Routledge
4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa
business
© 2023 Lopamudra Sengupta
The right of Lopamudra Sengupta to be identified as author of this
work has been asserted by her in accordance with sections 77 and 78
of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
ISBN: 978-1-138-74548-3 (hbk)
ISBN: 978-0-367-49557-2 (pbk)
ISBN: 978-0-429-24385-1 (ebk)
DOI: 10.4324/9780429243851
Typeset in Sabon
by Apex CoVantage, LLC
Dedicated To my parents and To all persons who have shed
tears in silence

Contents
Preface viii
Acknowledgements xi
Some Useful Definitions on Gender and Sexuality xvi
Glossary xviii
Introduction 1
1 The Third Gender in India: A Historical Overview 8
2 Human Rights Violations and the Assertion of Self-
Identity: Narratives and Experiences of the Research
Participants 17
3 Constitutionalisation and Realisation of Human
Rights: Looking Back at Some Landmark Judicial
Interventions 31
4 Civil Society and Human Rights Activism 43
5 Representation of the Third Gender in Indian Cinema
and Literature 63
6 Globalisation and the New Age of Rights 87
7 Interrogating the Major Paradigms of Human Rights:
Implications in the Context of India 108
Conclusion 121
Bibliography 128
Index 139
Preface
Human Rights of the Third Gender in India: Beyond the Binary emanated
from a long-felt urge that is far more deep-rooted than the purpose of
research and a career in academia. Its roots lie in understanding human
beings amongst various socio-cultural contexts that treat them differently
from the others to the extent that they are often systematically debarred
from enjoying the basic rights needed for their growth and well-being to live
with dignity as a human being in society.
Several questions had already been in my mind since childhood. Based
on the differential treatment towards the hijra community and transgen-
der individuals (a term which is a more recent coinage) in particular by
other members of the society, the very questions that occupied my mind
were, how are they different from us? What do they do for a living? Why
do they leave their homes? How do they survive outside their homes and
families?
But the task of doing research on this issue was very difficult. Apart from
some outstanding fictions there were few significant research works on the
lives of the hijras and transgenders in India in early 1990s. Sex is consid-
ered taboo in India; therefore, there was an age-long ‘silence’ about these
individuals and their groups in society. The issue was considered as belong-
ing to the private realm of sexuality. It did not occupy the centre stage of
mainstream academic discourse related to politics, international relations or
other branches of social thought.
Furthermore, the individuals (who have for so long been termed hijras
in this country) have guarded a secrecy and mystery around them which is
difficult to unfold. They live in ghettos and prefer to communicate among
themselves in a language of their own.
In addition, it is only since the last two decades the issue has gained
prominence. Before this period, there was a complete absence of official
data and statistics on the actual born hijras in India or the whereabouts of
the families they are born into.
Social interaction occurs when they come out in the streets dressed mostly
as women with eyebrows drawn on and the pallu of the sari noticeably
under the body to attract men for money. They clap loudly and utter a
Preface ix
language which at once disgusts common men who get ready to pay them
and get rid of them quickly.
In 2001, I had the chance to meet and talk to various individuals from this
community when I was conducting my field study on gender discrimination
in South Asia. Some important observations on them made me decide an
entire book on them.
But I was not aware that problems for me had just begun. I was soon
bombarded with questions of all sorts. People started asking me whether
I myself share any weakness or have other ‘personal reasons’ for taking
up research on a marginalised community as that of the hijras in our
society.
One evening as I was coming out from a sambardhana sabha which
awarded me first place for writing a prabandha (a short literary essay) on the
Brihannalas (a term which denotes hijras in Bengali) in a literary magazine,
I was confronted by a highly reputable Bengali scholar who enquired about
my purpose for doing research on this particular issue, which was largely
overlooked for various reasons in society. He was curious about my position
on this issue and enquired as to whether I have ‘any personal attachment’
to it or whether my own relatives belong to this category. His concern was
genuine and my uneasiness that was roused due to his question was equally
genuine.
I realised it has become an accepted norm not to think about a contentious
issue unless you are personally suffering from it or might have seen some-
one suffering from it. Studying an area which has been left unattended for
years cannot be the only objective for serious research. My position became
increasingly difficult. On the one hand, I was genuinely eager to build a
theoretical understanding of human rights discourse. On the other hand,
I needed to know more from them about their own experiences. I started
working with them closely, but as an ‘Other’. I was fortunate to be received
by all individuals and members of the community in a friendly manner.
They shared their experiences of discrimination to a great extent. The non-
governmental organisations (NGOs) and community-based organisations
(CBOs) provided me with necessary informations and data related to my
research work.
The questions that I faced from the seminar halls during my research came
from eminent academicians, scholars, journalists, active political workers
and of course my own students. The questions came from ages ranging from
seventeen to seventy.
I felt that in spite of the transphobia, there exists a strange curiosity to
know more about these people. But unfortunately, the void that has been
created between this marginalised community and society is difficult to
surmount.
Moreover, for an academic researcher, it is an imperative to refer to the
various socio-historical contexts in which these social groups are to be
studied. Why they are ‘queer’ and why they are a marginalised community