The Rationing of Rights

Tamil Nadu’s recent addition of a third gender column on ration card applications is one of a series of much needed, progressive reforms that benefit hijras

DISCRIMINATED AGAINST and forced to live in secluded communities, India’s hijras have always had to fight for basic entitlements. Two weeks ago, however, a major victory was achieved when Tamil Nadu added a third gender to ration cards. Hijras may now enter a ‘T’ (for transgender) in place of a ‘M’ or ‘F’ on ration cards. The move makes Tamil Nadu the first Indian state to officially recognise its hijra citizens.

The new rule is cause for great joy. “The government has now recognised us as a third gender. It gives us much needed dignity in society,” says Noori, an HIV positive hijra, head of the South India Positive Network in Chennai. While an alphabet on a ration card may seem like a benign technicality, for Tamil Nadu’s estimated one lakh hijras (known locally as aravanis) it is a significant achievement. Ration cards, voting forms and passports have been available for aravanis only after a great deal of struggle. Ignorant administrators would leave the gender category blank, merely entering kuduma thalaivar (head of family) or, more often, ‘male’. “It is a positive development which will encourage more aravanis to openly declare themselves as transgenders,” says Jeeva, who heads the Transgenders Rights Association. Jeeva got her card in 2006, where she is referred to as kuduma thalaivar but her associate Shabina Francis is identified as ‘female.’

Historically, Tamil Nadu has had a very visible aravani community and, more recently, very vocal aravani activists. An aravani festival is held in the town of Koovagam annually, with a highly competitive “Miss Koovagam” beauty contest. Recently, it has been home to India’s first transgender television star, Rose.

Yet, being hijra affects citizenship. Rose says, “It’s only been three or four years that ‘trans people’ have started asking for identity cards. Even now when we go and ask for IDs they don’t have a proper system to scrutinise our applications. Take my case. I wanted to change from a male name to a female one and retain the gender ‘M’ on my passport. If you want to change your gender on your passport, you need to have a sex reassignment surgery and I haven’t done that. For nine months my application was frozen because they didn’t know what to do.”

“We had initial success when passports with an ‘E’ (for eunuch) began to be issued two or three years ago,” says Arvind Narrain of the Alternative Law Forum, Bangalore. This raises a thorny issue. ‘Eunuch’ is used to describe a castrated man, a category most aravanis do not fit into. More to the point, the word is usually used derogatorily, so the official sanction of the category is a backhanded success.

Laxmi Narayan Tripathi of Mumbai NGO Astitva says, “They first wrote male on my passport, then I argued and they put ‘E’ for eunuch, but that’s not right because I am not castrated.” However, after a long battle Laxmi succeeded. “Now they have put ‘TG’ (third gender) on my passport. In TG, everybody fits! Males, females, gays, bi-sexuals, women with alternative sexualities…” says an enthusiastic Laxmi.

RECOGNITION OF a third gender is a human rights issue. “The ration card is proof that you are a citizen,” says Reginald Watts of Bangalore NGO Sangama. “That’s one of the things you are asked for when opening a bank account, passport or driver’s license… anything.” Recent changes in Tamil Nadu are a result of relentless activism by the aravanis but other states lag far behind. “At a national level the movement still has a long way to go,” says Delhi gay rights activist Rahul Singh, “but this is a big step; other states should learn from this.”

“Kerala, for example, is so violently oppressive that you don’t see transgenders. They have to run and hide, live disguised as men,” gripes Rose. “We have a visible population in Maharashtra, Delhi and a few other states but the others have a long way to go.” A lot needs to be done before hijras obtain equality. “Transgenders have been part of this culture for centuries. Whenever you pick up a religious book, we are mentioned. But today we are treated as nothing. The government talks of adivasis, tribals, but where are we mentioned?” asks a passionate Laxmi. The repealing of Article 377, often used as an excuse to harass hijras, is an issue which must be addressed, as must the right to education. “The government should follow Article 14 which talks about the right to education regardless of gender. Education gives you the ability to fight discrimination,” says Laxmi.

Again, Tamil Nadu, and the dmk government in particular, has been considerably enlightened. In 2006, its Department of Social Welfare passed a landmark order stating that “admission in schools and colleges should not be denied based on sex identity.” The department had warned of “suitable disciplinary actions” in case of violations. “District collectors have been instructed to conduct special grievance days for aravanis once in three months,” says Asha Bharathi of Thamizhnaadu Aravanigal Association. The Department of Social Welfare recently announced plans to form a welfare board to implement education and health schemes for aravanis — again a first.

The rest of India needs to catch up with Tamil Nadu. Even the Constitution only guarantees rights to men and women, leaving out hijras. “After the British were forced out everyone got independence except us. It is necessary that all sexual minority groups come together and fight for their rights,” exhorts Laxmi.

With inputs from PC Vinoj Kumar

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