Tag Archives: India

Transgender Day of Remembrance 2016

Every 29 hours a trans person is murdered in the world, 295 were reported up to this year’s annual 20 November Transgender Day of Remembrance (TDOR). Most, some 85%, were in the Americas, but even in Europe, 5 were killed in each of Italy and Turkey. In Asia at least 11 across India and Pakistan. North America had 23 reported murders of transgender people, but Brazil had 123, ten times as many per capita. Honduras is, in fact, the most dangerous place per head of population, twice as bad as Brazil, with 89 people killed over 8 years of reporting. Over the last 8 years, some 52 trans people have been stoned to death – and not by ISIS, one just 3 weeks ago in Brazil; 630 were killed in the street, many as sex workers, but it begs the question about bystanders and communities not noticing or standing up as allies; one victim in Pakistan was refused medical treatment because she was trans, speeding her death.

These numbers are just the tip of the iceberg as statistics are based upon scouring news reports and some people may only be listed as a sex worker and/or their trans status not mentioned. Some may not have been killed because they were trans, but many were. Also, the numbers do not include the 33-50% of trans people who also try to take their own lives through suicide.

2264 Trans Lives lost Violently

Over 2008-2016 since the Trans Murder Monitoring (TMM) TvT Project has been running, 2264 have been killed. By far the largest, 541 were sex workers, but 99 hairdressers and beauticians, 34 artists, and 25 activists were counted among the dead as well as 9 religious leaders.

Trans Awareness Week/Month

As an antidote, it has been a pleasure and a privilege to be involved in several talks and discussions during Trans Awareness Week, or even a full month being celebrated by some. UEA, my local university, was particularly busy with events on each day, in conjunction with other societies such as FemSoc and Pride. Events covered non-binary questions, trans student politics, Ava Rollason sharing her colourful life and journey, and the growth of diversity and even dissent within and towards trans* identities.

Trans Visibility without the Violence

Trans people have indeed reached a “tipping point” and yet that has not diminished their risk of harm – self, and assailant-based. With shockingly high suicide risks, 80% consider it, and 33-50% act on it, trans people are especially vulnerable, and now, especially visible.

With around 0.75 to 2.5% or more people identifying as transgender and/or non-binary, one interesting visualisation is that there could be on average around 250-1000 trans* people at each UK premiership football match.

Visibility without risk of violence is what trans people are seeking, although many would no doubt prefer a form of passing invisibility as opposed to a discriminatory erasure or prejudicial ignorance.

Many have called 2015 the year of transgender visibility, after 2014’s “transgender tipping point” but what does that make 2016? One hopes that whilst deaths and murders are on the rise, that also, acceptance, diversity, and rights, are also increasing, and the killings are a temporary peak and will subside as countries make healthcare and transition access easier and more affordable, reducing the risks of sex work as a means of paying for surgeries. It should be noted that the primary victims of trans violence are trans people of colour, and that Trans Lives Matter and Black Lives Matter should be trending side by side, particularly as they were at the forefront of the emergence of trans rights in the USA. This month we remember the dead, celebrate the living, and offer hope to transgender people all over the world, and stand against the hate that takes so many of our lives.

Martin Luther King Day

Today is Martin Luther King Day, celebrated on the third Monday in January since 1986 (Reagan agreed it in 1983), his birthday was on the 15th. Born in 1929 to a pastor and a schoolteacher, he himself became a Baptist minister and advocate for African American equality and social justice from the 1950s through to his 1968 assassination. He was instrumental in the bringing in of the 1964 Civil Rights Act and 1965 Voting Rights Act. He was awarded the Nobel Peace Prize in 1964.

Mahatma Gandhi & Non-Violence

King was inspired by the Hindu lawyer and campaigner for rights in South Africa and India, Mahatma Gandhi, and his principles of non-violent resistance and civil disobedience over and against armed uprising. Gandhi was also an advocate of religious tolerance but was in the end also assassinated, in 1948, by a Hindu nationalist. King managed to visit India in 1959.

Gandhi had succeeded in the 1920s in uniting Muslims and Hindus against the common enemy of the British empire. Yet by the 1940s an independent Muslim nationalism led to the eventual division of India and creation of a separate Pakistan.

Some of Gandhi’s more extreme pacifist views included recommending that Britain openly yield to Hitler rather than defend itself, and that the Jews should have willingly surrendered to the Holocaust as an act of collective suicide. He did not support the idea of the state of Israel gained through violence or Zionism, but only as something within the gift of the Arabs to bring about peacefully.

Gandhi’s principles meshed with King’s own Christian principles, as he said, “Christ gave us the goals and Mahatma Gandhi the tactics.”

“Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.”

Another early source that energized King was the Christian anarchist and novelist Leo Tolstoy, who was also an influence on Gandhi.

Bayard Rustin, Gay Communist

Bayard Rustin was a sometime adviser to Martin Luther King and had also visited India, in 1948, not long after Gandhi’s assassination. He shared both Gandhi and King’s principles of non-violence. King’s involvement with him was discouraged by others due to Rustin’s former membership of the Communist Party and his homosexuality, which King had little problem with.

Rustin later became a gay rights activist, in addition to his earlier civil rights campaigning. In 2013, President Barack Obama posthumously awarded the Presidential Medal of Freedom to Rustin.

Montgomery Bus Boycott

The journey towards civil rights was more of a bus route, with lots of stops and delays. Rustin had been beaten and arrested back in 1942 for sitting in the second row of a segregated bus.

Thirteen years later, in March 1955, 15 year-old school girl, Claudette Colvin refused to give up her bus seat to a white man on a in Montgomery bus. Due to Colvin’s unmarried and pregnant status the civil rights activists waited for a better test case and were rewarded with the defiance of the now famous Rosa Parks who was arrested later that year, in December, for also refusing to give up her seat.

The 13-month Montgomery Bus Boycott ensued, which whilst planned by others was publicly led by King, and resulted in his house being firebombed.

“All men are created equal”

The path to equality culminated in the quarter-million strong 1963 March on Washington for Jobs and Freedom, predominantly organised by Rustin. Despite its being unprecedented in size and diversity, it was boycotted itself by Malcolm X and the Nation of Islam for being too soft and sanitised, promoting peaceful harmony and integration rather than strength and independent identity.

The iconic “I have a dream” speech, much of which may have been improvised on the spot, includes the famous and inspirational line:

“I have a dream that one day this nation will rise up and live out the true meaning of its creed: ‘We hold these truths to be self-evident: that all men are created equal.'”

Whilst King, the Southern Christian Leadership Conference, and indeed the Nation of Islam, fought for black equal rights, the case for full civil equal rights for “all men” continues. LGBTI equality, for example, has been the focus of the last decade of legal progress in the USA, something that Rustin fought for until his death in 1987.

King’s Assassination and Death

King was ever the optimist, preaching love over hate, peace over war, forgiveness over resentment.

“I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality… I believe that unarmed truth and unconditional love will have the final word.”

It was a belief that may have cost him his life, and not a little opposition from other members of the civil rights movement. After President John F Kennedy was assassinated in 1963, King said to his wife, Coretta: “This is what is going to happen to me also. I keep telling you, this is a sick society.” Five years later, he did indeed suffer the same fate.

Black Lives Matter

Despite all the progress, the reality on the ground, is that black lives are still not considered equal. The last year or two has seen so many cases of unarmed black men being shot dead by American police officers that it is clear that stereotypes persist in the minds of many. 980 US citizens were shot dead in 2015 by police, 91 were unarmed and a disproportionate 37 of them were black.

“Our lives begin to end the day we become silent about things that matter.”

The laws may have changed half a century ago, but it is hearts and minds that still need to be won, in this generation and in every one that succeeds it. King may have been a pacifist, but he was not passive about change, and how it was to be accomplished:

“Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals…Change does not roll in on the wheels of inevitability, but comes through continuous struggle. And so we must straighten our backs and work for our freedom.”

Third/Non-Gender passport options could be debated in the UK Parliament following a lengthy campaign by people outside the male-female gender binary who feel erased and discriminated against.

[UPDATE – Government “considering” changes to gender identity laws, passport and driving licence changes. Maria Miller, chair of the Commons Women and Equalities committee, said a person’s sex was “not relevant” on official documents, and it created an “unconscious bias” in job applications. Gender details on passports also do not assist with identification, she added. The committee will publish a report on transgender discrimination in January 2016. In an interview with The Times, Miller said gender stereotyping can be as “damaging” for men as women.]

A motion was tabled yesterday (5 June 2014) in the UK Parliament to allow non-binary M/F passport gender markers in the UK, to aid those that identify as non-gender, non-binary, agender, bigender, or intergender – or simply hate gender construct labels. The internationally allowed X marker already allows this, not as some compulsory trans or third gender marker which could be used to reduce people’s rights as citizens, but as a self-selected optional marker for those that feel they do not fit the only 2 options given in UK and most nation’s passports. Australia and New Zealand accept the non-gender specific X passport as do India, Nepal and Pakistan. Canada is debating change; Malaysia are allegedly considering removing gender from all passports. Argentina makes switching between Male & Female easy, without legal-medical requirements for trans, intersex, genderqueer, or anyone else for that matter – a move, it has been announced, that Denmark looks set to follow.

This motion is essentially a re-tabling of previous attempts, but taking advantage of a new Parliamentary session – it will need hundreds of signatures to even trigger a full debate.

“Although there is very little prospect of EDMs being debated, many attract a great deal of public interest and frequently receive media coverage … In an average session only six or seven EDMs reach over two hundred signatures. Around seventy or eighty get over one hundred signatures. The majority will attract only one or two signatures. An EDM is not likely to be debated even if it gains a large number of signatures.” Parliament.uk

The move follows LibDem sponsored Government reviews into this since 2011, and yet progress had stalled. The new early day motion has been sponsored by Julian Huppert (LibDem) and is supported by Jeremy Corbyn (Labour). Non-gendered Christie Elan-cane has long fought for non-gendered passports and had her case taken up by MPs such as David Blunkett (Lab), Liberal Democrat MPs Lynne Featherstone and Simon Hughes and Baroness Sarah Ludford MEP.

Some of the last 3 years’ history on this has been blogged about here.

One might think that just two options M/F on passports prejudices just trans, intersex and genderqueer people but if part of a family then gay, lesbian and trans are also affected as the designated parents on child passports. Some countries, including the US have thus adopted gender-neutral parenting option on children’s passports, not mother/father but parent 1/parent 2.

The words “mother” and “father” were being removed from American passport applications and replaced with gender neutral terminology, the US State Department said in 2011. The UK and Australia were said to be following suit.

Legal documents that reflect a person’s gender – or non-gender identity are a basic human right. Denying them, restricts, travel, identification, and citizen rights such as voting or access to welfare benefits.

“The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered“ – Christie Elan-Cane

Elan-Cane prefers ‘per’ in place of him or her and the honorific title Pr, short for Person, neither Mr nor Ms. Shouldn’t we all be entitled to be seen as persons first, and not primarily gendered categories?

Facebook now has some 50+ gender options, why do we need any on official documentation? The military does not use gender as a means of identification, just name and rank. Height, eyes, and finger prints should be sufficient on biometric passports. Gender, race and identifying marks are invasive, insufficient and inappropriate. Nationality, for the sake of legal travel rights and repatriation. But I cannot see how gender matters.

During the current April-May 2015 General Election campaign, several parties, initially just the Greens and LibDems, but now both Ed Miliband (Labour) and David Cameron (Conservative) have pledged to re-examine X-Gender passports:

“The Conservative leader also said he would consider following Australia and New Zealand in introducing ‘Gender X’ passports for people who do not identify as male or female – after Ed Miliband also pledged to review the issue in his PinkNews Q&A“

India has, today, ruled in its highest court that transgender people, usually called Hijra there, will henceforth have the option to be recognised as a third gender and all forms, documents and facilities will have to provide for them as such. Whilst numbering some 2-5 million people or up to 1-in-200 of the population, they will be given minority rights, job quotas, full access to education, adoption and healthcare.

In development since 2009, and in time for India’s current elections, the Election Commission has also allowed for a third gender option, “Other”, on voting forms.

“It is the right of every human being to choose their gender…Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue…The spirit of the Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender.”

“We are quite thrilled by the judgement…The court order gives legal sanctity to the third gender. The judges said the government must make sure that they have access to medical care and other facilities like separate wards in hospitals and separate toilets.”

The case demanding equal rights first came to court in 2012 initiated by a trans-activist group led by trans Hindi film star Laxmi Narayan Tripathi. She said, upon hearing the ruling:

India is the world’s largest democracy yet especially in rural areas is far from an equal society. Tripathi proclaimed that, “The progress of the country is dependent upon [the] human rights of the people and we are very happy with the judgement.”

These rights are extended to trans and or intersex people that are living in a way that is different to their birth gender and yet also allows post-op transsexuals to legally choose their gender: male, female or transgender/other. Thus both binary and non-binary individuals are able to choose their identity, it is not a category that is being forced upon them but one they have fought for.

Western trans activists should remember two things here, firstly, that hijra=trans is not an exact Western/Eastern label match. The cultural evolution of their fight for recognition comes off the back of centuries of religious, social and cultural development, in context, and against different prejudices, classes and castes. Their identity was formed in the crucible of their history. We should not, therefore, seek to impose our LGBTI rights battles on their personal and political paths, we should, however, support them in their moves to self-assert their chosen identities.

Secondly, the concept of ‘third gender’ has been sought by them, whereas many in the West oppose that concept and fear its use in a 1930s anti-Semitic way to categorise and potentially segregate trans people as if with some kind of yellow star (Jews) or pink triangle (homosexuals).

Trans masculine identities in India

“If trans people are a minority with almost no rights in this country [India], transmen are a minority within that minority.” Just as “there are hijras, kinnars, mangalamukhis, aravanis, kothis, jogappas, shiv shaktis among trans women as identities, there is a wide range of trans masculine expressions”, says an Indian transman, one of 74 that co-signed a letter to the Indian Ministry of Social Justice and Empowerment, “We have many names to identify ourselves like bhaiya, thirunambi, gandabasaka, babu, ftm, trans man etc. For an umbrella term, to refer to us in all our diversity, we would like the use of the term, trans masculine. We do not identify with PAGFB [Persons Assigned Gender Female at Birth] which is what is being used in reports and meetings here to describe our identities. We strongly urge you to refer to us by identities that we assume, not ones that are imposed on us without due democratic discussions and consent.”

Another “term for FTM in Hindi is Sadhin“. Last November, an Indian trans man fled the country after being ‘outed’ by the media and sought asylum in the UK. This was before this week’s more positive news for trans rights. Although more sparse, trans masculine support does exist in India, but they have a lower profile in society, media and rights activism.

[The above section of this post has been reblogged many times including on several transmen Tumblr blogs – read the comments and reposts there for more thoughts]

LGB Gay Rights in India

Meanwhile, LGB rights of India’s gays, lesbians and bisexuals, are still behind the times though, having recently restored an old British colonial law banning homosexual activity. India has granted these historical Hijra rights, yet still bans gay sex in a logical anomaly. How is gay sex to be defined now there are three genders? If a newly defined Hijra/Third Gender has sex with a man is it gay or straight sex? If a Hijra has sex with another Hijra is that homosexual?

Trans rights in Pakistan

Back in 2011 after actions that began in 2009 Pakistan granted “third gender” status and improved rights to trans people, for example on national identity cards, employment and inheritance rights. Whilst many Hijra end up begging, wedding dancing or in prostitution, Pakistan has been enterprising in employing them as official agents pursuing tax evaders. Apparently, recovery rates are up 15%!

LGBT rights in Nepal

Thirteen years ago Nepal’s LGBT activists initiated a campaign for full LGBT equality, which resulted in a landmark decision in 2007 but which took another 5-6 years for full implementation of trans equality. The court decision ordered the then government to scrap all laws that discriminated on the basis of sexual orientation or gender identity, and “that they study and implement a same-sex marriage policy, and that citizens be allowed to self-identify as a third gender on all official documents and registers.”

Nepalese activists have urged the government to use the word “other” rather than “third gender” or “trans” as a “more inclusive” term that allows full “self-identification”.

Trans rights in Bangladesh

Last year, Bangladesh also granted third gender rights and recognition to Hijras – a term in Bangladesh adopted by 10,000+ people including many male-to-female presenting individuals and some intersex persons. Cabinet Secretary Muhammad Musharraf Hossain Bhuiyan said: “They will be referred to as hijras in both English and Bangla. Any other translations to English would be misleading.”

Non-Western Trans terminology

Across India, South and Southeast Asia numerous terms describe gender non-conforming people in ways which, because of cultural, historical and religious differences, are not totally synonymous with Western usage of trans terminology. For example in Thailand and, Cambodia, they are called, Kathoey, elsewhere the most common term is Hijra, but we also find Aravani, Aruvani, Jagappa, or Chhakka (Kannada), Bambaiya (Hindi), Khusra (Punjabi) and Kojja (Telugu). In Pakistan, terms include Khwaaja sira, Khusra (trans), Zenana (crossdresser) and Narnban (eunuch).

Polynesian Samoa has its Fa’afafine, Tonga its Fakaleiti, and Hawaii and Tahiti their Mahu. Both fa’a- and faka- are prefixes meaning “like a” or “in the manner of” and fafine and leiti mean ‘woman’ or ‘lady’. On the surface, therefore, they would pass as the prefix trans- before woman, but Western legal, political and cultural transgender terminology should not be imposed on their cultural-historical usage of the terms.

Native Americas traditions

Numerous indigenous Native American tribes had gender options outside the seemingly conventional Western binary. Berdache was a term meaning effeminate male used by Westerners of some tribal members encountered. More recently, the preferred term is Two-spirit, but some tribes went beyond three to several gender expressions, roles and identities. The Mohave Indians had the terms Alyha (Male-born) and Hwame (Female-born) for their Two-spirit identities. “Two-spirit natives comprised a distinct social class within most of these tribal communities; for example, among the Hidatsa of the northern Plains, two-spirits were observed at no less than fifteen to twenty a village and typically pitched their tipis together in a group.”

Similarly, among southern Mexico’s Zapotec there were the Muxe/Muxhe possibly a variant of the Spanish word for woman, mujer, describing people born male but who behaved as female in role, dress or sexuality. Because the word described effeminacy across gender or sexuality it accounted for some 6% of the population in some studies.

Modern Western/Antipodean/Americas Gender Identification

Three or more genders?

Argentina, Australia and New Zealand all allow passports to be stamped with the full range of internationally allowable options: Gender – | M | F | X |. Despite it being explored and to some extent encouraged by the Liberal Democrats, the UK Passport and Identity Service seems to have mothballed any likely change in Great Britain. Although as of June 2014 it has now been tabled for another Early Day Motion in Parliament, though is perhaps unlikely to reach debate stages.

In Europe, Germany has recently allowed “other” as a temporary designation on birth certificates to allow families to delay decisions on children born with intersex differences. The Netherlands are considering a third category to protect trans people during transition.

All gender designation is ultimately sexism. However, in an imperfect and unequal world some level of gender designation for protection can benefit in the here and now. Ideally gender neutral bathrooms would be the norm, but how to protect the vulnerable? The sooner all nations accept fully equal sexual relations, parenting and marriage between two or more persons of any gender, the sooner we can dispense with legal gender designation.

More important than third or more genders, reinforcing the binary, opposing the binary, gender sexism, is the simple inalienable human right to self-identify. Restricting identification, whether legally or culturally, to just two genders goes against human respect and rights especially when medically there are dozens of conditions that can make typical birth-sex identification impossible, quite apart from gender identity issues and/or gender non-conformity. Celebrate diversity and difference and the right to self-identify, as Radhakrishnan has said: “It is the right of every human being to choose their gender” – and that includes “Other” and “None”, in my opinion.

This post is an extended edited version of an article that first appeared here.