trans/queer – UAB Institute for Human Rights Blog

India’s Relationship with the Third Gender

What is the Third Gender?

In April of 2014, the Supreme Court of India formally recognized the existence of a third gender. There is no formal definition of the third gender in India. People who identify as neither man nor woman are commonly referred to as Hijra or transgender. The Hijra have been subject to discrimination, harassment, and persecution for their genderqueer self-identification. Along with the queer community, Hijras have been targeted by law enforcement and government officials under Section 377. This law was used to criminalize any queer sexual acts and has been used to justify discrimination and mistreatment of the LGBTQ+ community since its enactment in British colonial era India.

What Is the History of the Third Gender In India?

Although the Hijra have been subject to much hate and discrimination in recent times, this has not always been the case. Hijras were well-respected and revered in ancient India. In fact, Hijras play important roles in many Hindu religious texts. One such text talks about the life of Lord Rama, one of the most virtuous Hindu heroes. At some point, Lord Rama was banished from his kingdom. After being banished, he told his followers that the men and women should wipe their tears and leave him. All of the men and women left. However, a group of people known as the Hijra remained standing before him. They were neither men nor women and refused to leave until Lord Rama returned fourteen years later. This community was praised for showing such loyalty.

Hijras also held religious authority and important court positions and administrative roles in Mughal era India. Believed to have the ability to bless, many would seek out Hijras for blessings during important religious ceremonies. In ancient India, the Hijras were a community that was respected for being extremely loyal and were well trusted enough to be given important religious and governmental roles. This begs the question. If Hijras played an important role in ancient Indian society, then why are Hijras ostracized and persecuted in modern India?

Why Is the Third Gender Ostracized Today?

The answer is due in large part to the British colonization of India. When the British took over direct rule of India and absolved the British East India Company, government officials sought to enforce their western ideas and beliefs on Indians. Lawmakers accomplished this goal by enacting moral laws that banned anything that western society viewed as unclean and dirty. This included the creation of Section 377 of the Indian Penal Code which made illegal any “unnatural offenses” that were deemed “against the order of nature.” From when Section 377 was implemented in 1858 to when it was recently deemed unconstitutional on 6 September 2018, Section 377 was used as justification to mistreat and punish Hijras, queers, and the LGBTQ+ community.

The western concept of hating and marginalizing anybody who was not straight and cisgender took hold in Indian society. The Hijra community was forced from a well-respected role as pillars of religious and governmental society to being social outcasts. This social exile is responsible for the socioeconomic and medical difficulties that Hijras face. Hijras are prone to being economically challenged because of the stigmas that they face. They are denied educational opportunities, jobs, and discriminated against in every area of their lives.

What are the Social, Economic, and Medical Problems Caused By Lasting Social Stigmas?

Despite gaining their independence from Britain in 1947, India has only recently begun to make progress on removing legislation that has been used to attack the Hijra and LGBTQ+ population. The many decades of subjugation stretching back generations have left a mark. Many of the hateful western views towards LGBTQ+ people have become deeply ingrained in India’s culture. Even with many public relations campaigns along with a growing group of supporters, the vast majority of Indians still are against Hijras. Many Indians don’t respect Hijras worth. Hijras are often called to come to auspicious events such as marriages and child-births for blessings. Many Indians view the Hijras as bringing good luck and warding off evil spirits. Yet because of widespread discrimination, the majority of Hijras are forced to beg for money since they are barred from most employment opportunities. Due to this, some of the common means of living for Hijras are begging, dancing, and prostitution.

Open employment discrimination has run rampant because of the lack of workplace protections and discrimination laws that are not comprehensive or well-enforced. Continued police harassment has also burdened the Hijra community. Many police officers have jailed and imprisoned the Hijra community over offenses such as begging, prostitution, and having queer sex. This community has had to resort to such practices because of the refusal to integrate Hijras into the economy. Yet despite not being able to find work, Hijras are attacked even more for trying desperately to survive in a society that has practiced institutionalized, pursued, and encouraged harmful policies towards this community since colonial times.

In addition to facing issues with getting employed, Hijras also have difficulties receiving access to basic medical care. There have been many unfortunate instances of medical malpractice against Hijra people. The Civilian Welfare Foundation is an NGO that conducted studies on the medical problems faced by the transgender community. The study found that the majority of doctors are not educated on gender identity issues and that a transphobic stigma is ingrained amongst medical professionals which is responsible for the lack of proper medical care for Hijras.

The study highlighted the stories of Saikat and Anushri. Saikat was a transgender patient who died from lack of treatment following a train accident. The reason is that doctors could not decide whether to admit her to the male or the female ward. Anushi was gang-raped by several men and sought medical treatment. However, doctors refused to treat her because she was transgender and even denied her access to anti-HIV medication. These two stories highlight the dangerous impact that social stigmas have on our society. In addition to facing persecution and discrimination daily, Hijra people are at risk for bodily harm and even death from bigoted doctors and nurses who are not trained to deal with gender identity issues.

Fear of the social stigmas for being associated with the transgender community is a major reason why many doctors try to avoid seeing Hijra patients and why some outright refuse treatment altogether. Adding on to social fears, healthcare professionals have been hesitant to treat Hijra people because of the risk of criminal prosecution under Section 377. Up until the recent 2018 Supreme Court decision, it was illegal to commit queer sexual acts as well as to aid and abet these acts. There have been cases of individuals being arrested simply for selling condoms to Hijra and queer people. The lack of proper medical care and access to safe sex talks and practices has led to an HIV rate amongst Hijras that is 100 times the national average. Doctors fear Hijra patients because they are misinformed and believe in multigenerational social stigmas. Hijra patients fear doctors because of the risks of being mistreated and harmed by substandard or complete refusal of medical care. This toxic mutual distrust can only continue to harm the Hijra community.

Rithika, 23 and Ammu, 21, live with their Guru in the Koliwada area of Mumbai. Photo by Sara Hylton for the New York Times.

What Are the Recent Successes For the Hijra Community?

There are some recent successes that have helped the Hijra people. The Right for Transgender Persons Bill drafted in 2014 and passed in 2016 has been a major milestone in protecting the Hijra community. The law declared many forms of discrimination against Hijras to be illegal and banned the forcing of Hijras to beg or to leave their homes. Other benefits include the creation of a committee that focuses on helping Hijra pursue education by giving access to scholarships and textbooks among other needs. The bill has also allowed for Hijras to be recognized as socially and economically disadvantaged which qualifies Hijras for benefits from India’s Affirmative Action program. However, there are downsides to the bill as well. Hijra people have to go through a district screening process to receive their third gender certification and ID cards. This approach can lead to refusal of benefits to Hijras based upon the decision of a committee without oversight and comprised of people not trained in gender identity issues.

Also occurring in 2014 was the landmark Supreme Court decision that officially recognized the existence of the third gender. This has allowed for Hijras to opt for third gender classification on official legal documents such as driver’s licenses and passports. The decision has also signified acceptance of the Hijra community’s existence by a government that has continuously sought to marginalize those who aren’t cisgender. However, this decision has also come up short in addressing the many problems Hijras face. Third gender IDs, while motivated by good intentions, do not address many basic rights. When getting married, transferring property, or adopting children there are only cisgender ordinances in place. This means that Hijras cannot get married, cannot leave behind property for their kids, and cannot adopt kids that desperately need good homes while being recognized and identifying legally as the third gender.

Another recent Supreme Court decision that has increased the rights of Hijras happened in 2017. The court declared that the Right to Privacy was a fundamental right to all individuals and enacted protections for the privacy of Hijras’ sexual orientations. This will go a long way toward helping prevent socioeconomic and medical discrimination.

In addition to legal successes, there have also been gains in societal acceptance and integration of the Hijra community. In 2017 India accomplished many firsts. Joyita Mondal became India’s first third gender judge, Tamil Nadu became India’s first Hijra police officer, Natasha Biswas became India’s first third gender beauty pageant winner, and Kochi Metro Rail Ltd. became India’s first government-owned company to provide bulk employment to Hijras. There are plenty more Hijra success stories out there which are a sign of widespread societal change. There is hope that the social stigmas that have plagued the Hijra community will soon be fully erased.

It is clear that Hijras face many challenges in modern times. Widespread social stigmas and discrimination against this community were promoted for generations. It is also clear that such large problems take a long time to fix. However, if legal efforts and public relations campaigns are continued then India can one day become a society that fully embraces and supports all people regardless of sexual or gender orientation.

No More No Less: Basic Human Rights are Transgender Rights

I am a person who is transgender.

Transgender is an umbrella term that includes those that identify on the gender spectrum. It is the term used to describe an individual whose gender identity and expression are different from expected societal norms. Gender identity is the personal sense of one’s own gender, and for the majority, it correlates to the sex assigned at birth. Gender expression is a person’s behavior, mannerisms, interests, and appearance that are associated with gender in a particular cultural context. The social normative gender spectrum in most western cultures has been for centuries, binary: male and female. The basis of this binary was the presence of sexual organs at birth. When I was born, the doctor, based upon the presence of a penis, assigned me male at birth, in accordance with the binary gender spectrum. However, internally I was female.

I identify as female. As a transwoman, I continually fight a battle against erasure of my life and existence. Since transitioning I have suffered erasure by losing a career of 23 years, health insurance that will not cover medically necessary treatments, been refused treatment by medical professionals, and the state will not acknowledge my identity.

To live my life, I had to do this without acceptance from others including family and friends. I did not live on the streets because I remained hidden. I understood from growing up with my deeply religious grandparents that if I were different—my true self, I would be disowned. I made many poor choices, started drinking at age 11 and dealt with anger issues up until I got ordered to anger management counseling by the United States Marine Corps (USMC). It must have been bad for the USMC to think I was too angry to deploy. I grew up before access to the internet (no old jokes), and I had no names for what I knew about myself, so like many I suffered in silence until I figured it out much later in life. I want to make it better for the young transgender and non-binary individuals that are coming out today.

Social-Ecological Factors

Every level of the social-ecological model, from individual or intrapersonal level, all the way up to the societal or structural level in the transgender community fights against identity erasure. Many, including myself, suffer from internal transphobia. Tran individuals encounter internal transphobia as a byproduct of absorbing negative messages about not following the societal norms. Internal transphobia can occur with something as simple as not using the preferred name or pronouns, and/or through the attempt by family members to “correct” the behavior through abusive methods. For example, if society continued to identity Caitlyn Jenner as Bruce Jenner, then society contributes to the manifestation of internal transphobia she might seek to overcome. Additionally, by not employing gender pronouns like he/him: female transitioning to male (FTM), or she/her: male transitioning to female (MTF), and encouraging abusive practices like conversion therapy or berating about dating/sleeping with members of the opposite sex, society infringes upon the rights of Trans individuals to dignity and personhood.

The feelings associated with internal transphobia are the result of many years of discrimination, rejection, and ignorance about the rejection of gender norms. Depression can result in dangerous behavior. At the interpersonal level, family and friends reject many trans folk when they come out as transgender or gender non-conforming, mainly due to the preconceived notion of a binary gender system. The rejection becomes isolating and often leads to homelessness. In addition, some receive abuse from programs designed to rid individuals of these kinds of thoughts. The non-conformance to traditional gender norms of male and female can lead many to demonize transgender people who are out and trying to live their life. As a marginalized community, members of the transgender population are subjected to violence, harassment, discrimination, and vilification by society as a whole. The National Center for Transgender Equality (2011) survey found that those individuals that are gender non-conforming in grades K-12 were 78% more likely to be harassed, while 35% report surviving assaults. The current situation in the U.S. in regards to which bathroom transgender individuals should use leads to increase harassment. Transgender people are viewed as perverts, and being attacked for wanting to pee in peace. These types of attacks create high levels of anxiety, depression, and isolation.

The constant threat of discovery lead many to remain in hiding, leading to increased suicidal ideology. For example, the Transgender population suffers from an abnormally high suicide rate of 41% compared to 1.6% of the general population in the US. The murder rate of transgender continues to climb each year here in the US. Since 2013, an average of 25 trans women have been murdered, and there have been 18 killed this year. According to Bauer et al., a high social support network showed a 48% decrease in suicide ideation and of those with ideation, 82% decrease in attempts of suicide. The population suffers from many forms of social exclusion, and one of the main determinates is that this population is rarely counted; thereby, resulting in the marginalization of the transgender population.

At the societal level, this population is highly marginalized, even within the LGB community and the “T” not well represented. Due to fear, many of those who identify as transgender, are unable or unwilling to make their voice heard. This discriminatory practice reinforces an individual’s ability to care for one’s self. Few policies provide protection for, and individuals gender identity or expression. The lack of protections at the local, and state level allows discriminatory practices to continue, contributing to the overall marginalization of the transgender community. The use of conversion therapy to cure this non-compliance with gender norms is only illegal a few states and the District of Columbia.

The current data suggests there are about 1.4 million adults within the US that identify as transgender. This estimate is double the widely used previous estimate, and many organizations believe this number remains far too low. The lack of research and information on transgender issues is a direct result of this form of social exclusion and leads to incorrect assumptions about the population. Individuals suffer from social exclusion by losing family and friends when they “come out,” or being bullied at school, work, or on social media sites because they are different and challenge the gender norms. Most Trans folk keep their identity private due to discrimination and harassment. Ninety percent of Trans adults report experiencing attacks or discrimination because of their identity. In the workplace, 47% of Trans folk are fired, denied a promotion, or not hired. I lost my career of 23 years when I transitioned.

I lost my job as a fire department captain/paramedic. When I began my transition I believe that my history of good performance and exceptional results over the years of service would provide a buffer for any negative concerns that were raised. However, this was not the case and upon my coming out to the fire chief and deputy fire chief it was clear they did not wish to continue my service to the community. Things were rocky, but the mayor and personnel director had taking my side in the arguments that developed. But, to my dismay the chief had work with the city council and gathered enough votes to begin my termination. I had 23 years in public safety and two more years till retirement. Due to the lack of protects for transgender workers, there were not many options available at the time. However, I had returned to school to build my education, fearing that this might happen I wanted to be prepared.

Despite the setbacks, I have accomplished what many transgender individuals are unable to do. I returned to school, completed my undergraduate and graduate coursework, and graduated with a Master’s in Public Health. Now, I work at UAB which has been accepting and minus a few speed bumps been inclusive of my gender expression/gender identity. I hope to make a difference in the local transgender community here in Alabama by starting the conversation and showing that Tran men and women positively contribute to society and only want to live their lives just like everyone else. So please come join the conversation with UAB’s Institute for Human Rights and Department of English as they present “A Human Rights Approach to Transgender Issues.”

I am just a woman trying to leave a better place than what I found and live my life authentically.

Identify: An Olympic Spotlight on Transgender Athletes

The Olympic rings modified with male and female gender symbols — Sex LGBT Olympics. Source: Nevit Dilmen, Creative Commons

The Olympics are often heralded as a celebration of international cooperation, but they also reflect the current political and cultural moment in which the games take place. Explained in the book The Games: A Global History of the Olympics, the first modern Olympics in 1896 were only composed of white males, mirroring those who had sole power in society. As the decades passed and the world changed, other races, women, and those with disabilities were added to the Olympic competition roster. This path of progress wasn’t free of setbacks, but the addition of these athletes put out a signal to the world that these groups were to be seen as Olympians; on equal footing as those who had come before. This process of inclusion is still ongoing, and within the past few years a new set of competitors have been given approval to go for gold.

In July 2017, the Olympic Channel launched a new original series, Identify, following the stories of five athletes in the US who identify as transgender, defined as “a person whose gender identity differs from the sex the person had or was identified as having at birth.” Those interviewed ranged in level from a Division III college volleyball player to a professional hockey player, but each of their stories share common threads in terms of their deep passion for their sport and the difficulties of navigating the regulations around being a trans competitor.

The choice to produce the show did not come out of a vacuum. As addressed at the beginning of each video, text appears reading, “In 2016, the International Olympic Committee (IOC) advised that transgender athletes can compete without undergoing surgery, making history in the sports world.” This sentence is referring to a meeting that took place in late 2015 aimed at revising the previous rules on transgender athlete eligibility. Dr. Richard Budgett, Medical Director of the IOC, describes that prior to the new ruling, the IOC policy recommended that in order to compete as a trans man or woman in their desired category the athlete must undergo full lower surgery with internal and external modifications.

Chris Mosier is the first transgender athlete to compete for Team USA. The old policy did not permit him to race at the Sprint Duathlon World Championship so he decided to challenge the ruling. “My whole thing was that I qualified for Team USA just like the rest of the guys on the team, and I knew that I belonged at the starting line representing our country. What it did was position me as a name and a face to say ‘I’m a real athlete who is not able to compete because you’re asking me to modify my body in a way that I don’t want to.’” Pushed by his advocacy, the International Olympic Committee reconvened with their medical advisors to review the current scientific literature, and from the session drafted the “IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism”.

In the document, there are three categories of athletes covered under the new recommendations. The first category addresses transgender men and states that “Those who transition from female to male are eligible to compete in the male category without restriction.” This allowed Chris to be able to join his team at the world competition, but also opened the door to other athletes profiled in the series, such as Schuyler Bailar.

Schuyler Bailar speaking at 2017 Pride and Prejudice Conference — Schuyler Bailar. Source: Wymzee, Creative Commons

For his piece in the Identify series, Schuyler begins by recounting how ever since he was little he has been in the pool. “I’ve just always loved being underwater… and it’s always that kind of moment of ‘This is the only thing I’m supposed to be doing right now, this is the only place I need to be.’ That brings me a lot of peace I think that I don’t have in my daily life.”

An injury in high school afforded him the space he needed to process his identity outside of swimming, and soon after he began identifying as transgender. However, he says that “It took me another year until I told most of my friends and asked them to call me male pronouns and refer to me as a boy and solidify the idea of ‘Oh, this has actually always been me, and I’m not actually changing myself, I’m just presenting the truest part of myself.’”

When he’s not at practice for the Men’s Swimming and Diving Team at Harvard, Schuyler can be found speaking in front of audiences about the experiences he has gone through as his public sport’s career and personal identity have intersected. “I love motivational speaking because I’m really invested in sharing my story, and sharing the possibility for this kind of happiness and this kind of peace with yourself, especially with something so complicated as being transgender, but also so simple as just wanting to be happy.” Introduced as the “first openly transgender athlete to compete in any sport on an NCAA Division I team,” Schulyer takes the stage and begins speaking to a crowd of administrators, sharing with them how important a role his teachers and coaches have played in supporting him throughout his life.

As trans men, Chris and Schulyer are both now free to compete for a spot on Team USA just like any other male athlete, without restriction. For trans women however, the rules become more complex. The IOC consensus states that a trans women is allowed to compete in the female category as long as she 1) agrees to make permanent her female gender identity for a minimum of four years, 2) shows that her testosterone level is not above 10 nmol/L at least 12 months prior to her first competition, and 3) submits to testing of these levels.

The focus on testosterone is one which has been hotly debated around the discourse surrounding the inclusion of trans athletes, and it stems from the fear that trans women will have an advantage over other women in competition. The only episode in the Identify series to follow a trans woman featured Chloe Anderson, a Division III volleyball player for the University of California, Santa Cruz. Out of the five episodes posted on Youtube, she has the largest dislike ratio, coming in at just under 50%. One comment sums up the negativity towards her by stating incredulously, “So, basically they allow cheating in the form of men competing versus women but steroids are an ‘unfair advantage’?”

When closely examined however, the general assumptions on what makes a man “better” than a woman in sports, or even how to properly define those categories, becomes much more nuanced and mired in legal battles. Aside from the discussions on whether nationally funded training programs, genetic variations, and economic privileges give some athletes a competitive advantage over others, a recent dispute over testosterone levels in women’s sports shows how difficult it is to pinpoint a single variable for developing a winning athlete.

Dutee Chand bites her medal on the left while standing with her three teammates. — Dutee Chand, Srabani Nanda, Himashree Roy And Merlin Joseph Of India (Bronze Winners). Source: Athletics Federation of India, Creative Commons

Dutee Chand is an Indian sprinter with hyperandrogenism, defined by the Gale Encyclopedia of Medicine as an “Excessive secretion of androgens (male sex hormones).” The New York Times reports that Chand was “barred from competing against women in 2014 because her natural levels of testosterone exceeded guidelines for female athletes” by the International Association of Athletics Federations (IAAF). This decision to draw a line in the sand as for what constitutes a female athlete caused anger in the sports community, and after the court ruled in Chand’s favor by allowing her to race in the qualifiers for the 2016 Olympics in Rio, the decision-making panel released a statement remarking that “Although athletics events are divided into discrete male and female categories, sex in humans is not simply binary… As it was put during the hearing: ‘Nature is not neat.’ There is no single determinant of sex.”

The IOC specifically addressed this ruling during the consensus meeting, and the discussion around the ruling also sheds light on the reasons the IOC amended its policy on transgender athletes. Trans women are now beholden to the limit of 10 nmol/L of testosterone, within the range of the average female competitor, even though there may be other women who may match or exceed that level. Chloe gives a personal description of what it was like transitioning, disclosing that “Transitioning is like going through puberty backwards, the other direction, twice as far. There’s a noticeable difference in my athleticism… It was pretty challenging at first, just having all my muscle basically melt off my body.” With the legal decision and the current body of evidence, the IOC and the IAAF have both come to the conclusion that opening the female division to trans women who have not undergone surgery still meets the requirements of an equal and level playing field.

While the door has opened wider for transgender athletes to join Team USA, there will be no openly trans athletes competing in PyeongChang this month. However, should you still like to support the LGBTQ+ community at the Winter Olympics, the Human Rights Campaign has made a detailed list of several athletes to cheer for on their website, including skier Gus Kenworthy and figure skater Adam Rippon. Good luck you two!