Introduction

Transgender women in India, commonly referred to as Hijras, have been an integral part of the Indian subcontinent since the emergence of civilization. With a known history of more than 4,000 years, and a presence in ancient literature, the Hijra community is a symbol of the essential sexual diversity that is often neglected in Indian culture. The transgender population in India has been subject to discrimination and marginalisation in the past, in terms of social, economic, and political factors. This work explores this important yet unrecognized issue.

History

Hijras, a significant part of ancient India, played significant roles in Hindu texts like the Mahabharata and Ramayana. However, during British colonization in the 19th century, they were declared criminals and apprehended by colonial authorities. Despite the 1871 Act being abolished post-independence and hijras retaining their traditional rights and obligations, they are often excluded from employment and education opportunities, leading to poverty and reliance on begging and prostitution. They are also subjected to violence, abuse, harassment by the police, and refusal of treatment at hospitals.

Impact

Trans individuals are often perceived as deviant or abnormal and are subjected to physical and psychological violence and abuse, such as sexual assault. Many cases of transphobia remain unacknowledged due to fear of reprisal or lack of legal protection. Hijras often find it difficult to find employment due to the existence of discrimination and prejudice on the part of employers. As a result, approximately 80% of transgender individuals in India are employed in sex work or as beggars, and a significant proportion of them are subjected to gender-based violence and abuse.

However, in recent times, we have seen the rights of Hijras gain greater importance through important judgements like National Legal Services Authority vs the Union of India, introducing legal protection to the third gender as well the Transgender Person’s Bill. However, under the Transgender Persons bill, all trans people are lumped together as the ‘third gender’, even though the Hijra community has specific historical context and needs. The bill also tends towards biological essentialism, requiring proof of surgery to apply for a change in the gender certificate. This also flouts the 2014 Supreme Court judgment stating that citizens have the right to choose their gender.

Solutions

Provision of economic opportunities can lead to a reduction in discrimination and promote social inclusion. As far as employment is concerned, due to the extreme stigmatization and lack of understanding of the situation of hijras, employers must strive to create a secure environment for them and sensitize all personnel by collaborating with NGOs and civil society organisations. Considering the discrimination of the Hijra community throughout colonial and “contemporary” history, there must also be temporary positive discrimination in favour of them, granting them reservation in higher educational institutions, as in the case of Kerela.
At the end of the day, community-based interventions have been proven to be successful in advancing gender equality. These interventions involve engaging and empowering members of the community to challenge harmful gender stereotypes and drive positive change.