Case on Enunchs Socia Issue

ACKNOWLEDGEMENTS

We take this opportunity to express are profound gratitutde and deep regards to our guide Professor Silpy Gupta for her exemplary guidance, monitoring and constant encouragement throughout the course of this thesis. The blessings, help and guidance given by her time to time shall carry me a long way in the journey of life which we are about to embark.

We also take this opportunity to thank almighty, our parents, brothers, sisters and friends for their constant encouragement without which this assignment would not be possible.

MATERIALS AND METHODS

Type of study: It is a case study based on interviewing the eunuchs to understand their issues and probems.

Place of Study: Ghatkopar Signals, Chembur Signals and many more such Signals.

Selection of
Participants: Eunuchs working in different fields.

Sample Collected: Audio recording and photograph

Names: Dharika(21), Sneka(18), Bhavna(20), Kamli Bai(42)

Introduction

A whirling flock of people, singing, dancing, and clapping their hands, moves along toward a gorgeous villa in Mumbai where a wedding is being celebrated.. A second look, however, confirms that these are boys and men wearing women’s clothing, jewelry, and makeup. They have come to the party to bless the bridegroom, for which they receive luxurious gifts.
Asian countries have centuries-old histories of existence of gender-variant males - who in present times would have been labeled as 'transgender women'. India is no exception. Kama Sutra provides vivid description of sexual life of people with 'third nature'. In India, people with a wide range of transgender-related identities, cultures, or experiences exist - including Hijras, Aravanis, Kothis, Jogtas/Jogappas, and Shiv-Shakthi. Often these people have been part of the broader culture and treated with great respect, at least in the past, although some are still accorded particular respect even in the present.
The term 'transgender people' is generally used to describe those who transgress social gender norms. Transgender is often used as an umbrella term to signify individuals who defy rigid, binary gender constructions, and who express or present a breaking and/or blurring of culturally prevalent stereotypical gender roles. Transgender people may live full- or part-time in the gender role 'opposite' to their biological sex. However, the word hijra is a Hindustani word, derived from the Arabic root hjr in its sense of "leaving one's tribe," and has been borrowed into Hindi. The Indian usage has traditionally been translated into English as "eunuch" or "hermaphrodite," where "the irregularity of the male genitalia is central to the definition."
Themain occupationHijras is to perform badhai at weddings, or when a child is born. At such times they sing and dance to bless the newlyweds or the newborn. But badhai alone cannot fill stomach. So they supplement their earnings by begging on city streets, and performing sex work, and dancing in bars and night clubs.

Politics and Laws
In some of the rarest cases, they have also been elected to very high political positions. For example, ShabnamMausi was the first hijra of India to become an MLA in 1999 (as an independent candidate) just five years after hijras were allowed to cast their vote. Another hijra, KamlaJaan, was elected as the mayor of Katni (a district in Madhya Pradesh). Another hijra- Meenabai became the president of the Sehora town municipality- the oldest civic body of Madhya Pradesh. In 2005, a twenty-four-year-old hijra- Sonia Ajmeri ran for state assembly elections on an independent ticket to represent a population of around forty thousand eunuchs in Gujarat. The wave of hijras entering into the Indian politics has not been without controversy. When a hijra named Asha Devi was elected as the mayor of Gorakhpur in November 2000 on a post reserved for a woman, she was unseated as a court decreed that she was a man but was later reinstated.
On July 21, 2009, the Chief Election Commissioner of India- Shri Naveen Chawla declared that the hijra community will be issued voter identity cards with T (Transgender) mentioned in their gender column. It was the result of those protests which were staged by the hijra community which was demanding to be recognized as a separate gender.
Law of eunuchs
There are about 1.2 million eunuchs residing in India. They are deprived of various human like right to vote, right to contest in election, right to marry, right to hold ration card etc. they are deprived of such rights because India recognizes only 2 sexes, that is, male and female, and eunuchs being the third sex are being deprived of exercising their rights as all the fundamental rights are available only to male and female.
However, when it comes to criminal liability they are not excluded. The court always includes them either under male or female. But in case of civil rights the court does not consider them as a legal entity. The Constitution of India provides various rights to “Person”. Person means natural Person and artificial person. Natural person includes all human beings and the eunuchs are no doubt from the human race and they must come under the category of natural person. The Articles under the constitution of India i.e., Aricle 15 and Article 16 have used the word ‘sex’ in a narrow sense that is male and female, and have not recognized the third sex,that is the eunuchs, which indeed has resulted in the eunuchs being deprived of the basic civil and human rights such as right to vote.
This view of law is contrary to the interpretation of the legislature. Before independence there was an act enacted to regulae the activities of the eunuch community. This clearly indicates that they are a legal entity. And also in the statue, wherever the term ‘person’ is defined it has never been specifically mentioned that eunuchs are excluded from the term person. Thus the interpretation of the term ‘sex’ by the courts in India has unfair and not satisfactory thereby violating the rights of the eunuchs.
The hijra community is deprived of several rights under civil law because Indian law recognises only two sexes. This means that hijras do not have the right to vote, marry and own a ration card, a passport or a driving licence, or claim employment and health benefits.
In December 2002, hijras, kothis and other sexual minorities in Bangalore formed a collective called Vividha. Its charter of demands includes the repeal of Section 377 and the ITPA. It has also demanded that hijras be recognised as women, be given equal opportunities, with entitlement to housing, employment benefits and rail travel concession.

THEIR CULTURE
Hijras (Eunuchs) in India have virtually no safe spaces, not even in their families, where they are protected from prejudice and abuse. The recently released PUCL(K) Report on Human Rights Violations Against the Transgender Community has documented the kind of prejudice that hijras face in Bangalore. The report shows that this prejudice is translated into violence, often of a brutal nature, in public spaces, police stations, prisons and even in their homes. The main factor behind the violence is that society is not able to come to terms with the fact that hijras do not conform to the accepted gender divisions. In addition to this, most hijras have a lower middle-class background, which makes them susceptible to harassment by the police. The discrimination based on their class and gender makes the hijra community one of the most disempowered groups in Indian society.
However, the human rights movement in India has begun to take notice of the concerns of the community only recently. Legal scholar UpendraBaxi, in the foreword to the PUCL(K) report, says: "The dominant discourse on human rights in India has yet to come to terms with the production/reproduction of absolute human rightlessness of transgender communities.... At stake is the human right to be different, the right to recognition of different pathways of sexuality, a right to immunity from the oppressive and repressive labelling of despised sexuality. Such a human right does not exist in India."
Transgender communities have existed in most parts of the world with their own local identities, customs and rituals. They are called baklas in the Philippines, berdaches among American Indian tribes, serrers in Africa and hijras, jogappas, jogtas, shiv-shaktis and aravanis in South Asia. The hijra community in India, which has a recorded history of more than 4,000 years, was considered to have special powers because of its third-gender status. It was part of a well-established `eunuch culture' in many societies, especially in West Asia, and its members held sanctioned positions in royal courts.
Hijras trace their origins to myths in the Ramayana and the Mahabharata. Rama, while leaving for the forest upon being banished from the kingdom for 14 years, turns around to his followers and asks all the `men and women' to return to the city. Among his followers the hijras alone do not feel bound by this direction and decide to stay with him. Impressed with their devotion, Rama sanctions them the power to confer blessings on people on auspicious occasions like childbirth and marriage, and also at inaugural functions. This set the stage for the custom of badhai in which hijras sing, dance and confer blessings.
The legend in the Mahabharata is that Aravan, the son of Arjuna and Nagakanya, offers to be sacrificed to Goddess Kali to ensure the victory of the Pandavas in the Kurukshetra war. The only condition that he made was to spend the last night of his life in matrimony. Since no woman was willing to marry one who was doomed to be killed, Krishna assumes the form of a beautiful woman called Mohini and marries him. The hijras of Tamil Nadu consider Aravan their progenitor and call themselves aravanis. The hijra community is divided into seven houses, each headed by a `nayak' who appoints gurus or spiritual leaders to train their wards or `chelas' in badhai and protect them. Hijras in South India do not have the same cultural role as their counterparts in North India and most of them take up sex work as a means of earning a living.
Kothi is a term used to describe male homosexuals who take on the female role; they are largely from a non-English-speaking lower middle-class background. Many kothis marry owing to family pressure but continue to have same sex relationships. There is a symbolic relationship between kothis and hijras, which has been strengthened because of the lack of other support systems for kothis in cities and smaller towns.
For many hijras and kothis, sex work is the only option because no one is willing to employ them because of their gender identity. Even as commercial sex workers, hijras are the most vulnerable group as they are placed right at the bottom of the hierarchy of sex workers. This results in their having little bargaining power and being unable to ensure that their customers practise safe sex. They are also at risk of violence both from customers and the police.
According to the PUCL(K) report, violence is a widespread and everyday reality for hijra and kothi sex workers in Bangalore. Owing to the intolerance they face from their families, hijras and kothis often use public spaces like parks and toilets to entertain sexual partners, lovers and sometimes even clients. The lack of protection or privacy afforded by their own accommodation, makes them vulnerable to violence, inflicted largely by the police.
The harassment and surveillance by the police sometimes extends into the privacy of their homes. The place with the most scope for abuse is the police station where the police, on a regular basis, violate all canons of civilisedbehaviour by physically, sexually and verbally abusing and humiliating hijras and kothis.
Prisons are also places where anyone who is seen as not being `masculine enough' is harassed and often physically and sexually abused. According to the PUCL(K) report, the deeply sexual nature of the violence indicates that the sexuality of the hijra becomes the target of prurient curiosity, which could in its extreme form manifest itself as brutal violence. Sexual abuse and violence, apart from being the most systematic tool for dehumanising an individual, can be understood as a punishment for not conforming to the gender roles laid down by society.
According to the two main diagnostic systems used in the Indian medical establishment, transsexualism is defined as a `gender identity disorder'. The doctors usually prescribe a sexual reassignment surgery (SRS), which currently resorts to hormone therapy and surgical reconstruction and may include electrolysis, speech therapy and counselling. Surgical construction could include the removal of male sex organs and the construction of female ones. Since government hospitals and qualified private practitioners do not usually perform SRS, many hijras go to quacks, thus placing themselves at serious risk. Neither the Indian Council for Medical Research (ICMR) nor the Medical Council of India (MCI) have formulated any guidelines to be followed in SRS. The attitude of the medical establishment has only reinforced the low sense of self-worth that many hijras have at various moments in their lives.
The media have also reinforced stereotypes about hijras. In December 2002, Chandini, a hijra from Bangalore, died of severe burns in her home. The hijra community alleged that her husband, who had a long-standing relationship with her, had murdered her for money, and demanded that an impartial probe be held. The police refused and stuck to their version that it was a case of suicide. The local newspapers, including Police News, portrayed the incident as an exciting romantic tryst between two strangers, in which the unsuspecting man discovered the true sexual identity of the wily hijra. Even a progressive and anti-establishment publication, in its story, described hijras as a race apart, freaks of the underworld, half-man half-woman, almost devilish in their customs and practices. This kind of gender stereotyping was seen in many local English newspapers as well.
The systematic violence that hijras face is reinforced by institutions such as the family, media and the medical establishment, and is given legitimacy by the legal system. The violence that the hijra community faces from the police can be traced to the 1897 amendment to the Criminal Tribes Act of 1871, which was subtitled "An Act for the Registration of Criminal Tribes and Eunuchs". Under this law, the local government was required to keep a register of the names and residences of all eunuchs who were "reasonably suspected of kidnapping or castrating children or committing offences under Section 377 of the Indian Penal Code". The law also decreed eunuchs as incapable of acting as a guardian, making a gift, drawing up a will or adopting a son.
The law that is used most to threaten the hijra and kothi communities, as well as the homosexual community in India, is Section 377 of the IPC, which criminalises "carnal intercourse against the order of nature with any man, woman or animal" even if it is voluntary. In effect, it criminalises certain kinds of sexual acts that are perceived to be `unnatural'. The law, which has its origin in colonial ideas of morality, in effect presumes that a hijra or a homosexual person is engaging in `carnal intercourse against the order of nature", thus making this entire lot of marginalised communities vulnerable to police harassment and arrest.
The Immoral Traffic Prevention Act (ITPA) of 1956 (amended in 1986), whose stated objective is to criminalise brothel-keeping, trafficking, pimping and soliciting, in reality targets the visible figure of the sex worker and enables the police to arrest and intimidate the transgender sex-worker population.
SOCIETY AND THEM
From the very beginning human’s have got rights for what has been given to them by nature and by rule of law. In such condition, everyone has expectations according to their desires, for instances, a man from a woman and a woman from a man but how about the unfit part of our society, why are they still suffering, why are they not treated like human, why are they object of discrimination? These are the questions that are pinching us, but none of us has ever made an attempt to cope up with this issue’s which is prevailing since long and has yet to be solved.
As middle sexed people are not involved in reproduction and marital issues but since they are humans and they equally deserve everything which has given to other human’s. So in this scenario they have nothing to do except showing up themselves in inappropriate manner, rather in such weird manner which eventually has taken their self-respect and so people take them for granted, taking them as puppets and giving them no place in any field. So what should be done for their betterment and their survivor, since they are bound to beg and dance for collecting money, so that they can at least feed themselves. But is this the solution? We don’t thinkso! We think we should accept them as a third gender in our society and give them those rights which we are beholding from long, plus we should encourage them in every field. In that way we will find some real talent in our society, in our professions, in our institutes. We would say that if this would happen we will see how our nation and our society will flourish and how people will enjoy freedom of expressions, speech and freedom of every legal act.
Plus unwanted crime, sexually transmitted diseases and other unlawful acts that have been the real source of income for eunuchs and eunuchs has been victimized by such diseases will be omitted from our society. Live for others, they will hold your hand in hour of need and every individual is simply like you matter which gender they belong to.
On 16th August 2013, we went to Shreyas – Ghatkopar in search of eunuchs. We saw them at the signal, where they were begging. We approached them by calling them aside and we told them about our interests in knowing about their lives. They always have a smile on their face. The eunuchs do not open up easily. Getting them into confidence was the most difficult task. They are restricted by their superior’s, inorder to tell anyone about their social lives. If they didn’t listen to their superiors they would not be allowed to stay in the community. This was the fear they faced. The eunuchs in themselves also have types unlike as we thought all are similar.

Lets discuss the social issues we came across while conversing with them.
Zubaida a eunuch, she was 10 years old when she came to know about her actual existence. Her parents did know that she was a eunuch when she was born. They thought of killing her at first. But, they didn’t as she was their own child. She was constantly abused for her behavior and attitude. Her parents told her it was an insult for them in the society to accept her as their child. She said all her friends had faced the same problem and so they ran away from their native place and have settled in Mumbai since a year or more.
They refer their superiors as ‘Gurus’. They are the ones who take care of them.KamliBai another eunuch also told us that though their parents are ready to keep them giving them all they want but still its impossible for them to stay with them as they need to reside with their “Gurus”
They have a special area where they reside. 10 to 20 people stay together in 1 house. They have a big room and 1 kitchen. The neighbors are afraid of them. They keep insulting them by calling them ‘Hijra’. Kinnar children are not admitted into schools. They say that if our children go to school they will have a bad effect on the other children.
They are never given government jobs. The government doesn’t even do our work either. We have tried many times to get government housing but the government does not accept it.
They start working from 8.00 am in the morning to 7.00 pm. They beg at the signals. They earn Rs. 200-300 per day.They also dance in marriages to earn money. They are even called home by people when new born babies are born.
They decided that they will not get married. They stay with their friends.The beautiful looking ones even get into the world of prostitution inorder to earn money.
They also told us about a sports campaign held. In 2002, the hijra community in Bangalore organised `HijraHabba', a festival of sports and cultural events, which was covered extensively and positively by the media. In 2003, the festival was staged again in Bangalore's Town Hall and over 100 hijras participated in the meet. Kajol, a hijra who addressed the packed hall on the occasion, said: "I was initially told not to speak in front of the media because it would affect my family. But I decided that it was important for me to speak and assert my identity." She added that "hijras were part of a wider community of sexual minorities" and singled out society's treatment of lesbians for whom there exist very few spaces.

THEIR ECONOMY

Shaadi Season:
In festive occasions like shaadithey put forth their demands only after considering the financial status of the family. “If a person has luxury cars and a plush bungalow, we obviously ask for more money. Kanchana, a 55-year-old eunuch, tells us. She doesn't go for toli-badhai owing to her age, adds, "Whatever we earn during the wedding season is what we have to use for the entire year. The younger lot has to support the older ones who don't go for toli-badhai. “People bargain with us and in most of the cases, we settle for something in the middle.
Government Allowances:
The government had announced the scheme in June last year, but gave its approval at Friday's cabinet meeting. The scheme has been made effective retrospectively from June 1, 2006.
The scheme provides Rs.300 per month to socially and economically deprived eunuchs.
To claim the allowance, the eunuch should be a resident of the state or have been staying in the state for over five years. The applicant will have to be over 18 years of age and will have to submit a certificate from the concerned civil surgeon of the area that the person is a eunuch. The applicant should not have a criminal record.

Singing badhai songs:
At the time of happy occasion they use to sing badhai songs in the public and with the help of it they earn money.Our ancestors have played the harmonium for this community.So, it is but natural that we do the same. We have learnt the traditional badhai songs from our ancestors." Jeetu, does a degree in music from Gandharva Mahavidyalaya, says, "This is my hobby and I enjoy doing it." “The songs like MeriPyaariBeheniyaBanegiDulhaniya, Ye Galiyan, Ye Chaubaara andDulheKaSehra continue to be the favourites, Bollywood item numbers are also sung at toli-badhais. At the time of shaadi "People ask us to sing songs like Sheila Ki Jawaani, MunniBadnaamHui and ChikniChameli. The elders in the family still want us to sing traditional folk songs, but youngsters want us to dance to these item numbers." "This year, the hot favourites are Ooh La La, Halkat Jawaani, Balmaa and ChamakChalloChailChabeeli.”

Getting money in the signals and the Railway station:
They stand in the signals and railway stations and demand for money. They earn a daily wage of around Rs 200 with which they run their monthly expenses. The money collected is given to their heads which they distribute if required.

40-50% loss in earnings due to security:
The increase in the number of housing societies and tightened security hasn't helped matters. "Nowadays, the security guards are a little wary of letting us enter the compound. Even though we have areas divided between us, we have to face some issues while entering societies, There has been a decline of 40 to 50% in our earnings owing to this. If it hadn't been for the colonies where there is no bar on our entry, we would have suffered even more."

SUCCESS STORY
Gone are the days when people use to say that men are always ahead of women. In today’s growing India its not only the women who have come up working hard but also the eunuchs . Such is a Case of a Mumbai (Thane) resident Laxmi Narayan Tripathi.

LAXMI NARAYAN TRIPATHI
Laxmi Narayan was born in an orthodox Brahmin family in Thane in 1979, the eldest child of couple from Uttar Pradesh.
Laxmi was very weak & sick in her childhood as she had typhoid, double pneumonia and asthma. In the second standard she was fascinated by Bharatanatyam, its costumes, make-up and jewelry. Her parents supported her and allowed her to pursue Bharatanatyam, although they were not comfortable with her choice. She studied dance in Thane’s Singhania High and Bim’s Paradise schools. She was first sexually abused at the age of six.After few years Laxmi met Shabina Frances, another hijra. Shabina was running the NGO called Dai, Shabina then became her guru and slowly Laxmi also became one of them. Laxmi is now president of Dai.
Laxmi has always loved to be in the limelight. Whether on stage as a dancer from the age of seven, or on a movie or television set, or under the gaze of news cameras across the world... Laxmi has been a showstealer. As India's most visible and controversial Hijra (transgender), she has balanced working for the community at the grassroots as an activist with using her glamorous celebrity image to push the envelope right up to an UN task force meeting. Never scared to speak her mind, she also is perhaps one of the few Hijras to stay with her biological family and be accepted by them.
Laxmi is so popular that she represents the whole Maharashtra hijracommunity . Many times she have appeared on the TV shows such as Big Boss and many short films.
She acted like a bridge between the Eunuch and the government and made it possible the issues of this community should not be solved in a ground level in fact to a policy level
In a interview she says that whatever she is doing the only cause behind that is what she has gone through or she is going through should not be continued by the other eunuch.
Hurdles she came across 1- People called her Homo ChakkiHijda, But she knew what she wanted and how to get that. 2- In BigBoss other contenders use to tease her saying you are not a normal human . Not the one amongst us. 3- She was so determined that she continued doing her dance, later on she was given a break in the industry.
Interesting Facts & Achievements
*Laxmi Narayan Tripathi is a trained Bharatanatyam dancer.
* She owns nine dance school.
* She has completed her studies at Singhania High and Bim’s Paradise schools.
* Apart from Astitva, She also works for Mumbai based NGO called Dai.
* Name of her dance school chains are Lucky Chance Dance Academy.
* She has also worked as model coordinator.
* She had worked for Duru dance bar in Ulhasnagar for five years.
* She is co founder of Mumbai District aids Control Society and the National aids Control Organisation.
* She has a younger brother named Shashinarayan& sister Rukmini.
*She even received Dada Sahib Phalke award for the work she has done for the upliftment of the Eunuch community
*She even received the national legal services award of excellence

Conclusion

People are curious to know about hijras. How do they live? Behave? What do they do? Do they kidnap children? What funeral rites are performed for a hijra after his death? Is he cremated or buried? Such questions do not have answers. Only scholars can answer these questions. Because the hijras are so secretive about our lives, hearsay rules the roost.
Most transgender people, especially youth, face great challenges in coming to terms with one's own gender identity and/or gender expression which are opposite to that of the gender identity and gender role imposed on them on the basis of their biological sex. They face several issues such as: shame, fear, and internalized transphobia; disclosure and coming out; adjusting, adapting, or not adapting to social pressure to conform; fear of relationships or loss of relationships; and self-imposed limitations on expression or aspirations.
Multiple problems are faced by Hijras/TG, which necessitate a variety of solutions and actions. While some actions require immediate implementation such as introducing Hijra/TG-specific social welfare schemes, some actions need to be taken on a long-term basis changing the negative attitude of the general public and increasing accurate knowledge about Hijra/TG communities. The required changes need to be reflected in policies and laws; attitude of the government, general public and health care providers; and health care systems and practice
Hijras/Transgender women require understanding and support of the government, health care professionals, general public as well as their family members. We need to understand and accept that humans are diverse. People have the right to be what they are and what they want to be. For transgenderpeople, the same holds true.
Some accept them, others hate them, many fear them, many are amazed by them, a few like them, many make fun of them, and no one invites them in. They are considered unclean, and only their lovers eat with them at the same table. “Only a Hijra can understand another Hijra!” Even for us, after meeting with them for weeks, they remain mysterious and incomprehensible.