1. Trans dyke blues

They gave her a canvas.
And asked her to paint.
Down in her head,
In her sacred profanities,
she saw someone.
She painted them.
          Them, in each others hands.
In their small home.
Home.

She grew flowering vines around the painting.
She grew, flowing into that girl she drew
She grew, wilted, regrew, rewilted

Joyful, playful, holy, insane
A little bit of un-sacredness
yet sacred the same.

2. Ode to a night of aching arms

That one night in peak Delhi summer
We talked all night on the phone
You were restless about your bass tone
My hands ached from holding the phone, till
6 AM  in the morning.

I didn’t mind.

Delhi is approaching winter, my love.

My pen aches to write for your bass.
My hand aches to ache,
holding the phone till
6AM in the morning
Again.

3. Sabr… dear heart…sabr

This Eid
There is no waking up to shower at 4, cold.
There is no riding with 5 people on a
motorcycle.
There is no table with banana leaves on,
covered in beef biryani.
There is no rush to the eidgaah.

Here I sit,
in my tattered cargos and corduroy jackets,
Couple of tears on my cheeks
Reminiscing the eids gone

Can the transsexual Eid?

A Report on the findings from a closed door public hearing on April 1, 2023
PDF report is available in
English | Hindi | Marathi | Bengali

Organised by PUCL and National Network of LBI women and Transpersons
17th April, 2023 The Supreme Court hearings in front of the five-judge Constitution bench headed by the Chief Justice of India (CJI) DY Chandrachud on Marriage Equality start tomorrow. These proceedings have generated a lot of interest all over the country and the world, but even more so has set many queer and trans hearts racing in multiple ways, and not similarly. It is with this precise moment in mind that PUCL and the National Network of LBI women and Transpersons are releasing this report to the public today.

This report is not about Marriage Equality, though the right to marry is one of the recommendations made by the panelists. But this report is very much about the lives of the queer and trans persons whose rights will be debated not just in the Supreme Court, but all around us, in the media, on the streets, in houses and where you have. The voice of the State has already become clear in the invocation of sanskar, sacrament, and such like in the defence of the cis and heterosexual marriage and family. There is a slew of voices all around defending the existing structures of families and opposing the right of not just queer and trans persons, but also inter-religious and inter-caste heterosexual couples to live as they desire.

This moment therefore, is as much about families, and not just about marriage. While the focus is on the demand for marriage equality for queer and trans folx, the legitimacy given to assigned families is as much under question. Chosen families and intimacies cannot be thought of without also looking at the reality of what assigned families do to their queer and trans children.
This report is about the families that are assigned to us and those that often are the biggest road blocks to being able to live the way we want to. The families that are supposed to be spaces of nurture, care and support, turn against their own children (often at very young ages), treat them with utter disregard and violence, and force them to conform to socially accepted ideas of what is “normal” without any regard to the individual’s dignity or personhood. Stigma and violence run deep within the space of these families that are assigned to us at birth (or adoption).

A closed-door Jan Sunwai or Public Hearing on Familial Violence on Queer Trans People was organised by the People’s Union for Civil Liberties (PUCL), along with the National Network of LBI (Lesbian, Bisexual, Intersex) Women and Trans Persons (The Network) to bring these concerns in to focus was held on April 1, 2023 before an eminent panel of judges, lawyers, academics and activists. 31 queer and trans persons testified in front of the panel. The focus of the testimonies was on the relationship with the assigned (natal) families and the various struggles that the testifiers had undergone to be able to live their lives.

Today we bring to you this report, Apnon Ka Bahut Lagta Hai, with the findings and recommendations of the Panel which comprised of: Retd. Hon Justice Prabha Sridevan, Chennai; Asif Iqbal, Co-Founder, Dhanak, Delhi; Divya Taneja, Special Cell for Women and Children, Mumbai; Kavita Krishnan, Feminist Activist, Delhi; Manjula Pradeep, Anti-Caste Feminist Activist, Ahmedabad; Mihir Desai, Senior Counsel, Mumbai; Paromita Chakravarti, Feminist Academic, Kolkata; and Veena Gowda, Feminist Lawyer, Mumbai.

The community and civil society organisations included in the Network are: Nazariya: Queer Feminist Resource Group (Delhi), Sappho For Equality (Kolkata), Sahayatrika (Thrissur), Orinam (Chennai), Raahi (Bengaluru), QT Centre (Hyderabad), Hasrat-e-Zindagi Mamuli (Mumbai), Vikalp Women’s Group (Vadodara), SAATHII (pan-India), and unaffiliated individuals.

Click here for PDF report

IN THE MEDIA: ARTICLES ASSOCIATED WITH THE JAN SUNWAI REPORT, THE PRESS CONFERENCE, THE BORAH  PETITION AND ADV VRINDA GROVER’S INTERVENTION
(most recent first)

1. Saranya Chakrapani. Indelible mark on psyche: new report reveals violence LGBTQ community faces from families.
   YourStory. May 1, 2023.
   https://yourstory.com/socialstory/2023/05/new-report-reveals-familial-violence-on-queer-youth-community
2. Rituparna Borah. Marriage Equality: Family Means Everything, But So Does Chosen Family.
   The Quint. April 28, 2023
   https://www.thequint.com/gender/chosen-family-queer-and-trans-persons-life-marriage-equality
3. Article 14. Our Own Hurt Us the Most: Familial Violence in India
   Youtube. April 27, 2023.
   https://www.youtube.com/watch?v=tfr7lCbn10k
4. Namrata and Shreyashi. Marriage equality – petitions, pushback and politics.
   Varta. April 26, 2023
   https://vartagensex.org/2023/04/26/marriage-equality-petitions-pushback-and-politics/
5. Rajiv Shah. Queer, trans persons ‘testify’: Marital rape, forced marriage, threat of disinheritance>
   CounterView. April 26, 2023.
   https://www.counterview.net/2023/04/queer-trans-persons-testify-marital.html?m=1
6. Sayan Bhattacharya. Marriage equality: What good is symbolic recognition of one’s relationships sans rights?
   Down To Earth. April 25, 2023.
   https://www.downtoearth.org.in/blog/governance/marriage-equality-what-good-is-symbolic-recognition-of-one-s-relationships-sans-rights–88940
7. Namita Bhandare. Marriage equality: How the case impacts us all.. 
   Hindustan Times.  April 23, 2023.
   https://www.hindustantimes.com/ht-newsletter/htmindthegap23042023.html
8. Vivek Divan. Overlooked in the marriage equality conversation: The marginalised among LGBTQI community. Indian Express : April 20, 2023
   https://indianexpress.com/article/opinion/columns/overlooked-in-the-marriage-equality-conversation-the-marginalised-among-lgbtqi-community-8566506/
   
9. Pragya Singh. ‘Family Must Go Beyond Blood and Marriage’—Petitioner in Marriage Equality Case. NewsClick. April 20, 2023
   https://www.newsclick.in/family-must-go-beyond-blood-and-marriage-petitioner-marriage-equality-case
10. Chayanika Shah. In Marriage Equality Case, Queer and Trans Persons Assert Right to Define Family
    NewsClick. Apr 20, 2023
    https://www.newsclick.in/marriage-equality-case-queer-and-trans-persons-assert-right-define-family
11. Sabrang India. Our own hurt us the most: Familial violence in the lives of queer & Trans persons within marriage equality debates  Sabrang India. April 18, 2023.
    https://www.newsclick.in/marriage-equality-case-queer-and-trans-persons-assert-right-define-family
12. Mihir Rajamane. Petition Explained: Marriage Equality under the Special Marriage Act and Freedom from Violence by Rituparna Borah and others March 31, 2023.
    https://mihirxr.wordpress.com/2023/03/31/petition-explained-marriage-equality-under-the-special-marriage-act-by-rituparna-borah-and-others/
13. Anmol Arora. The petition you need to know about from the same-sex marriage hearings that start today LiveMint. April 18, 2023.
    https://lifestyle.livemint.com/relationships/it-s-complicated/the-petition-you-need-to-know-about-from-the-same-sex-marriage-hearings-that-start-today-111681805877468.html
14. Shreyashi Ray.Beyond Marriage Equality: Chosen families and the right to live our lives as we are.
    Vidhi Centre for Legal Policy. April 18, 2023.
    https://vidhilegalpolicy.in/blog/beyond-marriage-equality/
15. Poushali Basak. The Fight for Saving Queer-Trans Lives Is More Than Just Securing Equal Marriage Rights. The Wire. April 12, 2023.
    https://thewire.in/lgbtqia/queer-trans-deaths-equal-same-sex-marriage
16. TheNewsMinute.Marriage equality alone will not free queer persons from violent families: Civil society orgs. The News Minute. April 3, 2023.
    https://www.thenewsminute.com/article/marriage-equality-alone-will-not-free-queer-persons-violent-families-civil-society-orgs

Thanks for translation and/or review to Vivek and Janani (Tamil), Rucha Satoor, Dharmakirti Sumant and Radhika Murthy (Marathi), Ruhaan Ali and Shyam B. (Hindi), Dadapeer Jyman and Naren Pai (Kannada). Assamese, Bengali and other translations are in progress.

Note: This article and its translations are community-created and owned resources, and may be shared widely, so long as the link to the original article https://new2.orinam.net/locked-down-safety-self-care-queer-trans/ is included in the republished posts. Updated versions and additional translations will be updated at this URL.

Download PDF versions in
[English]  [Kannada ಕನ್ನಡ] [Hindi हिन्दी] [Tamil தமிழ்]
[Marathi मराठी] [Assamese অসমীয়া] [Bengali বাংলা] 

LOCKED DOWN IN THE TIME OF COVID-19:
SAFETY AND SELF-CARE FOR QUEER AND TRANS PERSONS

The lockdown induced by COVID-19 has caused many of us to be stuck in abusive households with our natal families, or feel otherwise isolated.  We have compiled some tips for safety and self care during these difficult times. These are not intended to be exhaustive. 

1. We may feel even more isolated and vulnerable now than before the lockdown. Being in close contact with our friends and support systems, if at all possible, can help us.
2. In case there are other (less hostile) family members in the area we can explore the option of going and staying with them.
3. Some of us may be at home and have no option to leave. In that case it may be good to try and avoid escalation of issues, such as those around gender/sexuality or marriage.
   If topics of marriage do come up, we can reassure ourselves that the lockdown will prevent  parents from taking us to meet potential partners or inviting prospective grooms or brides at this point in time.  
4. In case of risk of physical threats, we should try to stay as close to the exit door and far away from objects that can be used to assault/harm as possible.
5. If we  have a smartphone,  we can send our location to people we rely on, via WhatsApp or other means. It will help others to reach us in case of emergency.
6. It’s a good idea to keep some cash and our important  official documents handy with us (examples include Aadhaar, PAN, Voter identity card, passport, copy of ration card, Trans Welfare Board identity card, workplace-issued ID, bank passbook, academic certificates, etc.).
   
7. For those of us who experience gender dysphoria, this can be particularly severe if family members force us to dress in ways conforming to assigned gender. Avoiding looking in the mirror may help a little in reducing our distress. If we have photos of ourselves in our gender presentation and preferred clothing, we may consider looking at these. It also helps to have a presence on online platforms where we can be ourselves, such as Second Life and peer WhatsApp groups.  More options for gender dysphoria- related support and interventions will become available after the lockdown.

 
SELF-CARE TECHNIQUES

This section is based on our experiences as community members, peer counselors and/or therapists.

Anxiety and fear during the pandemic can be accompanied by restlessness, agitation and reactiveness, all of which may be temporary or may add to more long-term anxieties. In times of crisis it is immensely important to be aware of our energies, notice our restlessness, anxiety, fear, etc.  

These feelings and emotions are valid and yet, are quite likely to be difficult to deal with. They will come and go multiple times a day. To manage these, so that we experience their full range but prevent ourselves from reacting, here are some suggestions:

DURING A DIFFICULT INTERACTION

• If we are able to convey to the person(s) around us that we need to step away, it will give us an opportunity to go to a safe place (bedroom, veranda, bathroom, terrace).
• If stepping away is not an option, we can try to ground ourselves [for e.g. by holding on to an object or squeezing a piece of clay] and focus on processing and responding carefully, rather than reacting spontaneously in a way that we may regret later.
  
• If we do end up reacting impulsively, it is important to remind ourselves that we are going through hard times, and to be easy on ourselves.  When we find ourselves back in a safe space, that may be a good time to introspect and figure out how to proceed in future.
• We need to find ways to remind ourselves  that the lockdown is a temporary situation, such as marking the duration of the lockdown on a calendar.
• Distracting ourselves with other tasks or activities can help.  However, we need to remember that shelving the difficult emotions may cause them to return later at unexpected times. The subsequent sections “Returning to a place of calmness” and “General practices for emotional well-being” outline  some ways to express our emotions so they don’t pile up.

RETURNING TO A PLACE OF CALMNESS 

Once we are able to step away from the interaction that was stress-inducing, here are some ways in which we can return to a state of calmness. Each of us can find a technique that works best for us.

• Holding on to an object, article of personal value or toy can offer us  a sense of comfort and safety. Sometimes it helps to just keep some clay or atta in the hand and keep squeezing. 
• Listening to our favorite music or reading a favorite author can help.
  
• If we have a dog or pet, petting it can be soothing.
• We can practise some form of breath work to cope with emotions – focusing on deepening and lengthening the breath: such as  three seconds inhale, one second pause, three seconds exhale, trying to increase the duration of the exhalation to a few more seconds than that of the inhalation.  While doing this breath work, we focus on the sensation of the breath, how they feel in the body, etc. More information and links are in the ‘Other Resources’ section of this document.

GENERAL PRACTICES FOR EMOTIONAL WELL-BEING

• Starting the day with useful activities and chores can keep our minds occupied and give us a sense of control and fulfilment.  These activities could include exercise, cleaning, washing clothes, arranging rooms: anything that does not need too much thought. While engaging in these activities, it helps for us to keep our focus on the task at hand, and address any challenges that arise in a problem-solving/strategizing manner. For example, while cleaning or  arranging items on shelves, we focus on where to keep what, what items can be kept together, etc. 
• Productive activities such as studying, working, learning  a new language or skills can also help give us a sense of accomplishment.
  
• Noticing sensations (sigh, smell, touch, taste, hearing) while engaging in these activities helps us remain in the present moment. When we become aware that our thoughts have gone to the  future or past, worries, etc., we can bring the mind back using the sensations of the present.  
• An additional benefit of these activities is that they can help us build our safe space and limit difficult and potentially hostile interactions with other people.
• It helps greatly to make breath work (as described in the previous section) a part of  our daily routine.
  
• Physical exercise along with breath work or other kinds of meditation help us to release pent-up energy of any kind in the body.  Good cardio- and weight training can be done at home even if there is very limited physical space. Many video links are available online: some are linked in the ‘Other Resources’ section below. 
• Writing,  sketching, painting,  music, are some of the ways that help us to express our emotions.  
  • An example of  a writing exercise is to set aside a desired time period to write continuously without taking pen off paper.  While writing, if nothing comes to mind, we can just write “can’t think of anything.“ 
  •  Another example of a writing exercise would be to create stories featuring us in the way we see ourselves.

AUTHORS AND CITATION

This document emerged from discussions during a SAATHII-organised Zoom webinar on  LGBTIQA+ crisis response held on March 21, 2020, and subsequent discussions on the LGBTQIA+ 4 Mental Health WhatsApp group. The author list is arranged alphabetically by last name. Our suggested citation format is: 

Balasubramanian1,  S., Banerjee2, S.,  Borah3, R.,  Raju2, A., Ramakrishnan4, L., and A. Sarkar4 (2020).  Locked Down in the Time of Covid-19:  Safety and Self-care for Queer and Trans Persons. https://new2.orinam.net/locked-down-safety-self-care-queer-trans/

• Shyam Kamala Balasubramanian is with the Orinam collective, and based in Coimbatore
• Shilpi Banerjee and Avanish Raju are with Being Myself Clinic in Gurugram
• Rituparna Borah is with Nazariya: a Queer Feminist Resource Group, Delhi
• Amrita Sarkar and L. Ramakrishnan are with SAATHII in Delhi and Chennai, respectively

COMMUNITY SUPPORT

Every  Saturday, Nazariya QFRG organises zoom calls with queer women and trans* persons to check in about their mental well being. Do write to nazariya.qrfg@gmail.com to know more about these meetings.   Similar online meetings for LGBTIQ+ persons are being organised by Good As You  in Bangalore (https://www.facebook.com/goodasyoublr)   and Orinam  (orinam.net@gmail.com) in Chennai. SAATHII offers information and peer support via helpline@saathii.org

OTHER RESOURCES 

Books, Articles and Manuals
Banerjee, Shilpi and Raju, Avanish (2018). Stress Toolkit. Being Myself Clinic, Gurugram. Online at https://new2.orinam.net/stress-toolkit/

Great Good Science Center (undated)  Mindful Breathing. University of California at Berkeley. Online at https://ggia.berkeley.edu/practice/mindful_breathing

Kabat-Zinn, Jon (2013) Full Catastrophe Living (Revised Edition): Using the Wisdom of Your Body and Mind to Face Stress, Pain, and Illness.  Bantam Books, New York. ISBN-10: 9780345536938, ISBN-13: 978-0345536938

Videos on Mindfulness

Kabat-Zinn, Jon (2020)  Mindfulness, Healing, and Wisdom in a Time of COVID-19. Online at https://www.youtube.com/watch?v=r2efOoRF_pw

Segal,  Zindel (2016) Three-Minute Breathing Space. Online at  https://www.youtube.com/watch?v=amX1IuYFv8A&feature=youtu.be

Kabat-Zinn, Jon (2011) The Healing Power of Mindfulness: talk at Dartmouth College. Online at https://www.youtube.com/watch?v=_If4a-gHg_I

Videos on Physical Fitness

Lewis, Lita (2018) 30-Minute HIIT Cardio Workout with Warm Up – No Equipment at Home | SELF. Online at https://www.youtube.com/watch?v=ml6cT4AZdqI  

Fitness Blender (undated) Free Workout Videos. Online at https://www.fitnessblender.com/videos

This talk was part of ‘TransForm: Transgender Rights and Law‘ conference, organized by the Centre for Law and Policy Research (CLPR),  on December 14-15, 2016, and held at the Indian Institute for Human Settlements, Bengaluru.

Orinam thanks Gee for consent to share this on Orinam, and CLPR for making this available in the public domain (see TransForm site for links to other talks).

This study aims to understand the facets of discrimination experienced by people in same-sex and other queer/trans relationships  because of their relationship status; and to examine the relationship shared by the parties to such relations between themselves and with other persons/institutions.

The expected results of this study are (i) a critique of Indian laws relating to marriage, based on the real-life stories narrated by individuals in queer/trans relationships, and (ii) a case for recognizing rights of queer/trans people in relationships by using the Constitution as a tool of transformative justice to invoke protections of substantive equality and human dignity.

The scope of the study includes both dyadic (couple) and non-dyadic (poly) relationships that are viewed by the law as falling outside the presumed-cis, heterosexual norm. These could include, for example, relationships of two or more (cis/trans) women, (cis/trans) men, non-binary people, or cis-trans relationships where one or more of the individuals is gay/lesbian, bisexual, pansexual or queer. Individuals who are/were citizens of India, including those currently residing here, and those who grew up in India and are currently living abroad, are considered.

Methods used will include In-depth Interviews, Focus Group Discussions and Observation. The nature of questions to be posed to the participants would be generally open-ended and analytical questions. Responses may be recorded either by audio/video or in writing. Ethical issues of anonymity (when sought), informed consent and confidentiality will be strictly complied with.

Illustrative issues considered in the interview/FGD include openness about the relationship with family, social circles, neighborhood and/or workplace, discrimination faced  in housing, banking, and other areas, financial dependence and violence (physical, sexual, emotional) encountered.

To learn more or participate, email sourav.law@gmail.com or call +91 74064 47531.

Kang, Akhil. 2015. Disciplining Trans* Bodies: some cases from Malaysia and India. Orinam.net
Retrieved on mm/dd/yyyy from https://new2.orinam.net/disciplining-trans-bodies-malaysia-india

In a recent (2015) Malay High Court decision [1], the court rejected the application of a trans* individual, Vasudevan Ramoo, to change their gender from male to female in the identity card records. Citing a 2013 Court of Appeal’s decision, Kristie Chan [2] (which in turn had relied on the 1971 U.K. case Corbett v. Corbett and 2003 case of Bellinger v. Bellinger) the High Court of Kuala Lumpur ruled that the applicant failed to qualify the 4 factors test, i.e., chromosomal, gonadal, genital and psychological factors. Despite looking at reports documenting Vasudevan’s gender reassignment surgery and doctor’s medical examination not finding any secondary male sex characteristics, the court declared those reports to be too ‘skeletal’.

The ordeal of compelling National Registration Department to change gender(s) for the purpose of identity card is not new in the Malaysian court. In a 2006 case [3], the High Court granted the change in gender from male to female to the applicant. The court cited the same U.K. case and rejected its 4 factor reasoning saying that too many times the ‘psychological’ factor is ignored.However, similar court orders as Vasudevan have resulted for Aleesha Farhana [4] and Wong Chiou Yong, wherein also, their applications were denied. The rights of trans* individuals in Malaysia also saw a tragic turn where nine individuals were jailed and fined for “posing as a woman” [5] despite a 2014 Court of Appeal’s decision [6] of declaring a statute of penalising cross-dressing in public as unconstitutional.

Muniswer Poniah, who represented and argued for Vasudevan says that the U.K. decisions relied upon by the court are outdated. He says that the court’s requirement on medical evidence places an undue burden on applicants and the medical requirements as set by the Kristie Chan case results in reluctance by medical practitioners, thus making records difficult to obtain. Highlighting the problem that trans* individuals face in Malaysia, Hema Letchamanan, Ph.D. candidate at the University of Cambridge, points out how the lives and decisions of the people from the community also get shaped by their respective religion. She says that gender confirmation surgery is not at all permitted or recognized for Muslim trans* persons and non-Muslim trans* persons get prosecuted under the civil law and Minor Offences Act, 1955 which penalises individuals for ‘disorderly’ and ‘indecent behaviour’ [7]. In fact, the Human Rights Watch Report [8] documenting human right abuses against trans* persons in Malaysia also points out several ways in which local religious and federal laws persecute individuals based on their sexual orientation and gender identity, creating an atmosphere of prohibition and incarceration.

Much similar to what Muniswer observes, a striking observation arising from the Malaysian courts is a heavy reliance on pathologization of the trans* body. Even in the 2006 case (where gender change in the identity card was allowed), reliance was placed on a psychiatrist, a surgeon in paediatric surgery and paediatric urology and a consultant in obstetrics and gynaecology, and an oncologist’s ‘expert’ report. The obsession with defining and diagnosing bodies inevitably ends up privileging certain forms of bodied individuals who are almost required by the law to undergo surgeries which again re-affirm sex stereotypes. A constant back and forth between the medical records and alleged pathological conditions almost becomes a way of disciplining the body by the court and the law [9].

In India, one would point out the NALSA judgment [10, 11], which says that mandatory Sex Reassignment Surgery (SRS) is completely irrelevant in deciding a transgender person’s right to recognize their own gender. In fact the Supreme Court makes a mention of the Malaysian Court’s 2006 case too, noting that the ‘biological test’ as assigned by Corbett (the U.K. case) must be completely rejected. But I wonder, how effective is this ground-breaking ‘break’ from reliance on SRS. The brilliance of the judgment is seen for the individuals who could hold discussions with respective state bodies and demand effective implementation of NALSA’s guidelines. So much does the judgment mean to many that I saw a trans* individual walking around with the physical copy of the entire judgment [113 pages] while using public transport, to reclaim their voice. At the same time, I recall a trans* person’s narrative in a conference in Bangalore where they recounted how when the judgment came out, everyone in the community gathered to celebrate and discuss the judgment. But as they were discussing the multiple categories as amply illustrated by the court, many of the people gathered started fighting amongst each other; fighting over who exactly has an entitlement under NALSA and who doesn’t. What struck me the most was when they said how this could be ‘one of the ways in which state institutions, under the garb of emancipating us, are trying to create a division amongst us’.

The way in which lived realities get objectively boxed before the court of law, is not a new thing. In fact, NALSA despite its empowering directions isn’t exactly the first case to make an attempt at conceptualizing the rights of a trans* individual. In the 2011 case of Faizan Siddique v. Sashastra Seema Bal [12], the Delhi High Court dealt with the legality of denial of Faizan’s candidature to Sashastra Seema Bal’s post of Constable (GD) Female because of allegedly being physically unfit. Although the court ruled in favour of the petitioner calling the Bal’s decision to be ‘arbitrary, irrational and illegal’, what is quite similar to the Malaysian courts is how judges become fact finders, who very intricately scrutinize medical records of the individual involved. The judgment documents paragraphs and paragraphs of the petitioner’s “condition” of “deformed genital”, and her “hermaphroditism”. Or when one looks at the case of Pinki Pramanik v. State of West Bengal and Another [13], where the court examines the alleged rape charges against the petitioner by dissecting the anatomy of Pinki and deciding whether there was a possibility of penetration or not.

The obsession with the body transcends the courts and becomes a reference point across other institutions as well. Karthik Bittu, a human rights activist with the Telangana Hijra Intersex Transgender Samiti (THITS) recounts an incident, while being interviewed during the Telangana Pride, of a trans* individual who after being wrongly detained was stripped naked and poked and prodded just to physically examine their body. There are many other cases (both documented and undocumented, ones which never come to the public demography) wherein sexual minorities face custodial violence of a kind that – more than often – involves violence over their bodies. Even Bittu himself was phone called by the police officials later who asked what exactly is happening with his body. Vyjayanti Vasanta Mogli, a human rights activist, also with THITS,  still faces difficulty in completion of procedures for publishing the notice in the government gazette, after applying for an application for change in gender, because of their insistence on producing a legitimate set of Sex Reassignment Surgery papers. This, despite repeatedly reminding them of NALSA’s orders.

By defining particular categories and particular forms of bodies, the way in which rights would be conceptualized legally to exclude many bodies and lives is a dangerous path. I draw an analogy to Kalpana Kannabiran’s documentation of decades of rape cases in India’s Supreme Court [14] wherein the judicial discourse around the rape victims actively involves almost pornographic account of the act of rape and describes the subject of ‘woman’ as a docile honourable woman who needs the help that is being given to her; how it ends up creating this poster of the right victim. Similarly if one indulges in the legal exercise of medicalization of trans* bodies, then it implies a legally valid criteria of how only certain bodied individuals could claim those rights. One could only hope that the cases that do come up before the court of law after NALSA do not end up holding a set standard of who should be entitled to these affirmative actions and who shouldn’t.

References

[1]  Lim, Ida. 2015. trans* fails court bid to change identity to woman, judge says ‘hands tied’. Malay Mail Online. http://www.themalaymailonline.com/malaysia/article/trans*-fails-court-bid-to-change-identity-to-woman-judge-says-hands-ti

[2] Kristie Chan v. National Registration Department Director General. 2011. Full text online at http://www.kehakiman.gov.my/directory/judgment/file/A-01-84-2011.pdf The Court of Appeals is higher up than the High Courts in the judiciary hierarchy in Malaysia.

[3] JG v. PengarahJabatan Pendaftaran Negara. 2005. Full text online at http://www.malaysianbar.org.my/selected_judgements/jg_v_pengarah_jabatan_pendaftaran_negara_2005_hckl.html

[4] Teik,Pang Khee. 2001. Court must allow Aleesha Farhana to change her name and gender. Loyarburok.  http://www.loyarburok.com/2011/08/01/court-aleesha-farhana-change-gender/

[5]  Human Rights Watch. 2015. Malaysia: Court Convicts 9 Transgender Women: Abolish Laws Against ‘Cross-Dressing’ http://www.hrw.org/news/2015/06/22/malaysia-court-convicts-9-trans*-women

[6]  Khamis and Ors. v. State Government of Negeri Sembilan and Ors. 2012.
http://www.kehakiman.gov.my/directory/judgment/file/N-01-498-11-2012_jud_penuh.pdf

[7] Section 21 of Minor Offences Act, 1955, online at http://www.agc.gov.my/Akta/Vol.%207/Act%20336.pdf

[8] Human Rights Watch. 2014. “I’m Scared to be a Woman”: Human Rights Abuses Against Transgender People in Malaysia. Online at http://www.hrw.org/sites/default/files/reports/malaysia0914_ForUpload.pdf

[9]  Ezie, Chinyere. 2011. Deconstructing the Body: trans* and Intersex Identities and Sex Discrimination – The Need for Strict Scrutiny: 20(1) Columbia Journal of Gender and Law 141, 154. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1589519

[10] National Legal Services Authority v. Union of India, AIR 2014 SC 1863. 2014. Full text online at https://new2.orinam.net/377/wp-content/uploads/2014/04/Judgement_Nalsa_Transgenderrights.pdf

[11] At ¶20, the Hon’ble Supreme Court of India writes, “Each person’s self-defined sexual orientation and gender identity is integral of their personality and is one of the most basic aspects of self-determination, dignity and freedom and no one shall be forced to undergo medical procedures, including SRS, sterilization or hormonal therapy, as a requirement for legal recognition of their gender identity.”

[12] Faizan Siddiqui v. Sashastra Seema Bal. 2011. Full text online at http://indiankanoon.org/doc/176981719/

[13] Pinki Pramanik v. State Of West Bengal & Anr. 2014. Full text online at http://indiankanoon.org/doc/149648431/

[14] Kalpana Kannabiran and Vasanth Kannabiran. 2002. De-Eroticizing Assault: Essays On Modesty, Honour And Power p. 104. Bhatkal and Sen.

On reading the judgement, we find that the Honourable Judge states, despite the NALSA ruling’s focus on MTF,

“36. At this juncture, we may again have a look into 32 sub-para (2) of Para 129 of the judgement of the Hon’ble Supreme Court in NALSA’s case [cited supra] wherein the Hon’ble Supreme Court has declared that the transgender persons have right to decide their self identified gender and the Governments have to grant legal recognition of their gender identity such as male or female or as third gender. The Hon’ble Supreme Court has affirmed that this right flows from Article 19(1)(a) of the Constitution of India. In my considered opinion, in the case of Females to Males (FTMs) also, such fundamental right is available to them and therefore, it is for them to chose and express their identity either as females or males or as transsexuals.” (emphasis ours)

View full text of the Jackuline Mary judgement here.

It must be noted,  however, that “Nangai”, who was certified as “transgender by birth” by the chair of the medical board [1] at the Government Vellore Medical College Hospital is not FTM, even though assigned female at birth. She’s a 46XY woman who happens to have Androgen Insensitivity Syndrome.

What can we learn from this ruling?

• The conflation of intersex with transgender/transsexual  extends to the medical and legal communities: there’s a need for training on intersex variations and transgender issues in medical  and legal undergraduate and in-service curricula.  [A good starting point would be Chapters I and IV of the report by the  Transgender Committee set up by India’s Ministry of Social Justice, as well as the Appendix I on persons with intersex variations.]
• The NALSA ruling, though framed in the context of transgender persons, is equally applicable to people with intersex variation, such as “Nangai” of this case, and others whom the  Honourable Judge mentions, including Pinki Pramanik and Santhi Soundararajan.
• By stating that “compelling an individual to expose to medical examination to declare medically his/her sex identity itself is violative of Article 21 of the Constitution of India”, we hope the ruling will help put an end to the humiliating medical examinations that intersex and trans* people face in India.
• Finally, even though the learned Judge misidentified the woman in this case as FTM, his statement that FTM people have a fundamental right to identify with their chosen gender (man, woman, trans*) appears consistent with the NALSA ruling, though the text primarily focuses on MTF people.

[1] The urologist appears to have (correctly) identified her as having partial AIS: it is the medical board chair who interpreted the urologist’s statement (wrongly) as her being transgender by birth.

• Expression of Interest (EOI) for Indian applicants – Introduction [English] [हिन्दी]
• Expression of Interest (EOI) for Indian applicants – Application Form in English, Bangla, Hindi, Malayalam and Kannada [English] [বাংলা] [हिन्दी] [മലയാളം] [ಕನ್ನಡ]

Looking forward to hearing from even more trans masculine, intersex and intergender people!

And please spread the word!

Sampoorna Trans Masculine, Intersex and Intergender Meet – Working Group

“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