I thought immediately of a transgender friend of mine who suffered a major loss late last year. Her Nani, a close relative within the trans community, was stabbed to death in her own home. Her savings, amounting to a few lakhs, and jewellery, had been stolen. The police refused to investigate the case. She had been living with a man that she considered her partner, whom she cared for and gave much of her money to. My friend was certain that this man was involved in the murder. Finally, after a struggle on the part of local activists, the man was questioned. He accused her Nani of “sexually torturing” him. This “sexual torture”- whatever that means!- must have been so unbearable, my friend remarked sarcastically, that he had no choice but to murder her and take all her money! Despite all this evidence, in the minds of the police and the public, the heterosexual man was blameless and the murdered person was the villain.

Even after her demise, my friend’s Nani was suspected of having abetted her own murder. This incredible reversal was achieved by invoking the image of the deceptive, sly, oversexed transwoman, who turns cruel when refused. Transgender people endure horrific kinds of bodily violation everyday because of this image, and they are repeatedly held to blame for this same horrific suffering. This is the image that Shankar has exploited in this film, to the great enjoyment of the audience.

A few days ago, on January 17, 2015, Pravallika, a hijra sex worker in Hyderabad, was murdered [1]. The police refused to investigate the case. The murder was the culmination of a steadily rising tide of transphobic violence. Activists had repeatedly told police how hijra sex workers were pelted with large stones, thrashed on their heads with beer bottles, slit with sharp knives on their limbs, faces and genitalia, and robbed of their income and savings [2]. On Jan 20, the police finally decided to intervene, by interrogating Pravallika’s friend, another hijra sex worker. They confiscated her cell phone and locked her in the police station for 4-5 hours. They made her strip naked and manhandled her body, claiming to “check if she was really a transwoman”. She had not had a penectomy, but cited the recent NALSA judgment by the Supreme Court, asserting the right of a person to claim trans identity independent of surgical status [3]. The police did not stop manhandling her. She was eventually forced to admit that she was HIV positive and that she could not bear the cold for so long. Their only response to this was to cover their face and mouth when they came near her; they did not return her clothes. They have now accused the community of conspiring to kill Pravallika.

The same week, on January 22, a transgender sex worker was picked up for questioning regarding a murder case in Pulianthope police station, Chennai. Police suspended her by her legs from the ceiling and inserted a lathi into her post-operative genital opening. They left her hanging and bleeding for hours. The next day, they arrested someone else and let her go. She is currently receiving treatment at Stanley Medical College Hospital. Some activists associated with Nirangal are trying to file a human rights violation report against the police.

In 2008-2009 there were multiple cases in Chennai and Bangalore, accusing transgender women of “deceiving” innocent men. With minor variations, news reports claimed that transwomen lured these innocent heterosexual men into their dark lair, castrated them, and forced them into prostitution. Following these cases, the Bangalore police raided hundreds of hijras’ homes in the neighborhood of Dasarahalli, leaving many homeless and bereft of all their belongings. These raids have increasingly become a common occurrence, along with other kinds of violence on trans bodies, perpetrated by police, rowdies, family members, and the general public.

Some people still obstinately argue that these are “stereotypes” that don’t reside in real life. “I mean come on yaar, Bollywood stereotypes everyone! Look at “Chennai Express”!”. These people miss the fact that the image of the deceptive, cruel transgender woman is much more than a harmless stereotype. It is a construct of our criminal justice system, dating back to the 19th century.

In 2009, the Karnataka Government amended The Police Act to include a clause permitting “the registration and surveillance of all eunuchs reasonably suspected of kidnapping and emasculating young boys” [4]. The wording of the act borrows almost verbatim from The Criminal Tribes Act of 1871, a colonial-era legislation premised on the notion that certain communities “breed” criminal tendencies. The law holds that in the case of such “innately criminal” communities, suspicion of committing a crime, or of planning to commit a crime, is enough reason to detain an individual without trial for up to one year. In Tamil Nadu this lives on in the form of “The Goondas Act”, under which Section 377 was recently brought [5].

The “deceptive cruel transgender woman” is an image into which real police conduct real investigations that cost real money, for which real people are jailed and really killed, for which real newspaper reporters are sent to cover real cases that happen in real courts. Try laughingly telling the person suspended from the ceiling of Pulianthope police station, bleeding for hours: “Lighten up, yaar! It is just a stereotype! Over time, we will educate the police! For now, its just a movie!”

The suffering of transgender people has been extensively documented. There is ample evidence to show that it happens everyday, everyday, everyday [6]. Yet the transgender person emerges as the sick monster that is responsible for their own suffering. Something about the laughter in the theatre today seemed to indicate how this reversal happens. Witnessing and documenting trans suffering doesn’t provoke outrage: instead it becomes a kind of pornography, a fodder for deep and genuine enjoyment. When witnessed, for some it leaves no impact; they feel a sense of unruffled calm no matter how loud the noise. For others, it even provokes a real sense of pleasure: smiles, big belly laughs, thundering applause. The pain turns into a kind of tragicomedy, a lilting music.

References

[1] https://new2.orinam.net/statement-telangana-hijra-transgender-samiti-to-condemn-police-brutality/

[2] https://www.facebook.com/telanganahijratrans

[3] http://www.lawyerscollective.org/updates/supreme-court-recognises-the-right-to-determine-and-express-ones-gender-grants-legal-status-to-third-gender.html

[4] http://infochangeindia.org/agenda/access-to-justice/policing-hijras.html

[5] http://www.thehindu.com/opinion/editorial/goondas-act-preventive-detention-law-in-tamil-nadu-amendments-a-threat-to-personal-liberty/article6332457.ece

[6] http://www.pucl.org/Topics/Gender/2004/transgender.htm

More articles on “I” on Orinam and mainstream media

Smiley’s letter to Director Shankar: https://new2.orinam.net/ta/open-letter-to-director-shankar-i-ta/

News coverage of protests against “I”: http://www.thehindu.com/news/cities/chennai/transgenders-speak-out-at-second-protest-against-i/article6817247.ece

The text of the application made by the Government of India, downloadable here, appears less alarming than the IE headline. The application, which seems to have been filed at the instance of the Ministry of Social Justice and Empowerment, seeks clarification on the NALSA judgement of April 15, 2014.

1. In our reading, some of the points raised in the application that are not a cause for concern, or a step in the right direction, are as follows:

• The  application points out that the term ‘eunuch’ is not an equivalent of ‘transgender’ or a variant of the latter and hence it has to be left out. => This is true, and many in the transgender community have pointed out that we consider the term derogatory.
• “…They will include trans-men and trans-women (whether or not they have undergone sex re-assignment surgery or hormonal treatment or laser therapy etc)… and a number of socio-cultural identities, such as kinnars, hijras, aravanis, jogtas, etc.” => This is a welcome point, and bears repeating because some groups, media and government departments around the country have narrowly interpreted the NALSA judgement (particularly Justice Sikri’s section) as being purely concerned with hijras, kinnars and others of transfeminine gender experience.

2. We are ambivalent on the following point:

• TG should not include cisgender lesbian, gay and bisexual people => SC has, in one place (page 93, pt. 107) in the NALSA petition, mentioned that occasionally T is used to refer to LGBT spectrum and GoI wants to ensure NALSA ruling does not apply to LGB. The ruling actually made it clear they were proceeding with the narrow (minus LGB) definition, while acknowledging that sexual orientation a separate issue from gender identity and that some trans people may be LGB. This is thus a non-issue. We fail to understand why GoI seeks a clarification on this matter, unless it seeks to emphasise to its more conservative supporters that it remains opposed to reconsideration of Section 377, an issue that discussion of same-sex orientations among cisgender people may bring up.

3. Two issues that may be a matter of concern:

• The statement that six months (as stipulated by the Supreme Court) is not enough to implement all the changes mandated by the Supreme Court, and the recommendations made by the Ministry of Social Justice and Empowerment need to be rolled out in a phased manner => We hope this does not lead to indefinite delays or any backtracking on the promises of the NALSA judgment.
• The application’s point that the categorisation of transgender people as OBC is a determination that would have to be made by the National Commission for Backward Classes => this could, again, result in indefinite delays until such time as the National Commission considers the issue.

4. While we appreciate the effort the application makes to clarify terminology by eschewing the term ‘eunuch’ we note that the definitions of male-to-female and female-to-male transgender people have been interchanged in the application.

5. Finally we urge the government and Supreme Court to expedite action towards justice, equality and full citizenship for transgender people. If the recent developments in the Ajmer, Rajasthan, case of policy brutality and sexual assault of a hijra are any indication, we remain far from this goal.

Update Sept 12:

An MSJE official has explained that the application was initiated in response to

– representations from community members who had expressed concern that most states preparing to establish transgender welfare boards were interpreting the NALSA judgement to include only hijras, and not considering other trans people

– confusion resulting from a line in the NALSA ruling about ‘transgender’ occasionally used as an umbrella term that includes lesbian, gay and bi people. This has, apparently, led to concerns that cisgender LGB people would use this definition to claim OBC status for themselves.

– concerns raised that SC/ST transpeople may be forced to identify as OBC

– procedural issues regarding who makes the determination of OBC

– the need to let the SC know that the term ‘eunuch’ is neither acceptable nor accurate as a synonym for TG. The NALSA judgement uses ‘eunuch’, ‘third-gender’ and ‘transgender’ synonymously in some portions of the text. Many members of the diverse trans* communities have objected to use of the term eunuch.

Background Reading:

• NALSA judgement
• Government of India application
• Recommendations of the Experts Committee, Ministry of Social Justice and Empowerment
• Read more on the NALSA ruling including summaries and analyses from legal and community perspectives here.

“We are looking for actors from within the LGBT community and those outside of it, who are willing to engage with the proposed theme of this production in a sensitive, thoughtful manner. If this is the opportunity that you have been waiting for, we welcome you to participate in auditions led by YosupBae, Artistic Director, Performance Group Tuida and his team in Chennai and Bangalore.”

The producers have asked Orinam if they could help identify people interested in auditioning for the following play. If you are, please email orinamwebber@gmail.com (or use the online form) sending us your
– name
– phone number
– email (if available) and
– nature of experience in theatre (if any)
by July 31, 2013

Please write ‘Bahuchara Mata auditions’ in the subject line. We will compile and share a consolidated list with the producers at InkoCentre by Aug 2.

Bahuchara Mata: The Third Box is a commissioned Indo-Korean theatre collaboration that explores a story (or stories) of sexual identity inspired by Indian mythology. The production aims to be a journey of discovery, linking traditional and contemporary performance traditions. Through strong physicality the performers explore the dynamic relationship between dance and theatrical movement with live Korean and Indian traditional music. The production aims to examine how sexual identity is collectively created, defined, reiterated and very often restrained by social, religious, historical, legal and political contexts. What happens then to the individual within this collective definition? And what are those individual stories that converge to create a collective identity that will defy the stereotype handed down from generation to generation? When and why and how will their stories be told? And by whom?For whom? When can the ticking of that third box become a joyful assertion of free will?

Bahuchara Mata: The Third Box is directed by YosupBae, Artistic Director of Performance Group Tuida, South Korea and is co- produced by AsiaNow Productions and InKo Centre. The production will premiere in Korea in 2014 and will be presented in India in the same year. We are hopeful that this production will subsequently travel to relevant Theatre Festivals around the world.

We are looking for actors from within the LGBT community and those outside of it, who are willing to engage with the proposed theme of this production in a sensitive, thoughtful manner. If this is the opportunity that you have been waiting for, we welcome you to participate in auditions led by YosupBae, Artistic Director, Performance Group Tuida and his team in Chennai or Bangalore.

Venue: in Chennai – to be confirmed
Date: 9 and 10 August 2013

Venue in Bangalore – – to be confirmed
Date: 18 and 19 August 2013