[Reader-list] RALLY - 'SEXUALITY MINORITIES' RIGHTS

Avishek Ganguly avishek_ganguly at yahoo.co.in
Mon Dec 9 08:59:45 IST 2002


It's a little late now...but nevertheless:

PUBLIC RALLY - 'SEXUALITY MINORITIES' RIGHTS ARE HUMAN
RIGHTS'

DATE : 8TH DECEMBER 2002 (SUNDAY) TIME :  BEGINS AT
4:00 PM BEGINS FROM :
TOWN HALL END POINT :  MAHATMA GANDHI STATUE, M.G ROAD
[Bangalore]

Vividha is an autonomous, non-funded collective of
sexuality minorities
(hijras, kothis, double-deckers, lesbians, bisexuals,
gays, homosexuals,
transgenders and others who are oppressed due to their
gender
identity/sexual orientation), and their supporters. We
are 10 months old.
This December 8th 2002 (Friday) we have decided to
observe the
'International Human Rights Day' by coming out
publicly in Bangalore to
demand our rights and to highlight human rights
violations that are
committed against us. One of the demands is also for
an unbiased enquiry
into the death of Chandini, a hijra/transgender woman
(details in leaflet
attached below).

A PUBLIC MEETING will be held at the end of the rally
in front of Mahatma
Gandhi Statue, M.G Road at 5:30 PM and will be
addressed by Sexuality
Minority Activists and other Human Rights Activists. 
Contents of leaflet
attached below.

In Solidarity,

Venkatesh, Kajol, Srinivas, Ranjitha and Famila for
Vividha

_____________________________________________ Contents
of Leaflet to be
distributed at the rally

Sexuality Minorities' Rights are Human Rights

Vividha is an autonomous, non-funded collective of
sexuality minorities
(hijras, kothis, double-deckers, lesbians, bisexuals,
gays, homosexuals,
transgenders and others who are oppressed due to their
gender
identity/sexual orientation), and their supporters. We
are 10 months old.
This is the first time we are coming out publicly in
Bangalore, as a
community.

Every year December 10th is observed as Human Rights
Day all over the
world. Despite the fact that human rights are
guaranteed for every human
being irrespective of their class, caste, religion,
gender, sexuality,
race, language, nationality, ethnicity or political
beliefs, human rights
of sexuality minorities are blatantly violated
everywhere in India,
forcing many of us to lead a sub-human existence.

Section 377 of the Indian Penal Code (IPC)
criminalises sexual interaction
between people of the same gender. This law was
introduced in India in
1860 by British rulers. Although Britain repealed it a
long time ago,
India still continues to carry this notorious colonial
legacy. This law is
extensively used by police to harass, extort money,
blackmail and abuse
(verbally, physically and sexually)
homosexual/bisexual men,
double-deckers, kothis, hijras in public parks and
areas. Many goondas
take advantage of this situation and harass, abuse and
extort money from
sexuality minorities.  IPC 377 is also used to
separate lesbian couples.

The prevailing civil laws for marriage, adoption,
inheritance, property,
insurance, pension, gratuity, housing etc. deny space
for sexuality
minorities, as they recognise only heterosexual
marriages and families as
legitimate. The Indian constitution recognises only
two genders: male and
female. Hijras have no space in it. Non-recognition of
gender (after sex
change) makes it impossible for hijras to avail
employment opportunities,
education, housing, health facilities, property
rights, marriage rights,
ration cards/passports/voter identity cards etc. Most
kothis face sexual
harassment at workplace from male colleagues. These
situations leave
hijras/kothis with very few choices, and many choose
sex-work for a
living. Living is hell for all sex workers (including
hijras, kothis, men
and women) as the Immoral Trafficking Prevention Act
(ITPA) criminalises
sex-work and gives enormous powers to the police to
harass, abuse, rape,
torture, and extort money from sex-workers.

Very often sexuality minorities face physical
violence, verbal abuse,
emotional blackmail, and rejection from families too.
Many are thrown out
of their homes and denied a share of the property.
Some times sexuality
minorities are forced into unhappy 'heterosexual
marriages' by their
families where, not only sexuality minorities, but
also their spouses and
children face oppression. Some families opt for
unethical, unscientific,
misinformed and outdated psychiatric treatments to
'cure' their children
of their 'sexual orientation/gender expression' and
subject them to
dangerous drugs, electric shocks, and aversion
therapies. These methods
cause enormous harm and destroy sexuality minorities,
physically and
psychologically. What needs to be cured is not our
'sexual/gender
expression' but society's ignorance, prejudice, bias
and intolerance
towards sexuality minorities. In our patriarchal
society, lesbian/bisexual
women are doubly oppressed as sexuality minorities and
as women, having
very little access to any public space. Homes become
prisons for them.
Families often separate lesbian couples and force
lesbian/bisexual women
into heterosexual marriages. More than 30
lesbian/bisexual women have
committed suicide in India in the past 5 years.

Sexuality minorities face harassment, abuse, ridicule,
discrimination
everywhere: in the streets, at work places,
schools/colleges, hospitals
etc. Physical/sexual/verbal abuse, emotional and
social alienation, and
psychological trauma become the everyday lived
realities for most of us.
This society destroys our self-confidence, makes us
ashamed, lonely and
fills us with low-self esteem and feelings of
depression. Some of us are
forced to end our lives.

We are no longer silent victims of this
hetero-patriarchal society. We are
getting united and have started help-lines, support
groups, health
interventions, and groups to protect our human rights,
all over India. We
are also extending support to many other people and
groups who are
oppressed due to their class, caste, gender, religion,
etc. We have
learned to articulate, and fight for our rights. Our
journey will not stop
until we achieve justice and dignity.

We appeal to families to stop harassing sexuality
minorities and demand
love and acceptance. We also appeal to the media and
all progressive and
secular groups to support our struggles and help in
fighting all hatred,
be it hatred of homosexuals, bisexuals and
transsexuals, or hatred based
on religion, caste, race, sex and disability.

JUSTICE FOR CHANDINI

Chandini alias Nazir, a 22 year old hijra (transgender
woman) died in
mysterious circumstances on the night of December 1,
2002, Sunday in
Bangalore.

On December 4th all English and Kannada newspapers
sensationalised the
death of a hijra/transgender woman called Chandini. 
Her death was
reported as a suicide.  The reason given was that she
killed herself
because her husband discovered her hijra identity and
threatened to reveal
it to his parents. They reported that Chandini
deceived Gnanaprakash by
lying that she was a genetic (biological) woman at the
time of marriage.
This sensational and hijra phobic report is filled
with misinformation and
uses the most ignorant and derogatory words such as
Gandu, Khojja,
transvestite etc to describe Chandini.  Members of
Vividha along with
representatives of Peoples' Union for Civil Liberties-
Bangalore, Sangama
(a sexuality minorities' rights group) and Alternative
Law Forum met with
a few people who have known Chandini and her husband
Gnanaprakash.  It has
become evident to us in this process of enquiry that
the version given by
the police and unquestioningly carried by the media is
false. The nature
of reportage only reveals the media's prejudices
against these
marginalized communities.  The following facts can be
ascertained by a
simple enquiry and is backed by photographic and
videographic evidence.

Chandini hails from Arsikere, Hasan and has been
living in Bangalore for
the past 5-6 years.  Gnanaprakash initially met her in
a hamam (bath
houses where hijras live).  After a six-month
relationship (sexual too)
and after much persuasion Chandini, who had not
decided to undergo Nirvan
(Castration experienced as a sex-change operation)
agreed to marry him.
They married 16 months ago. A week after the marriage,
Gnanaprakash
accompanied Chandini when she decided to go for Nirvan
(Castration) in a
hospital in Cuddapah, Andhra Pradesh.  After the
operation Chandini and
her newly wed husband lived at Chandini's guru (Hijra
mother in the hijra
community) Prema's house, for about a month. Later
they rented a house in
Amrutha Halli, on the outskirts of Bangalore and lived
together as husband
and wife, for 5 months. He was often violent towards
her and began to
harass, beat her and took away all the money that she
was earning through
sex-work.  His parents too were very aware of the fact
that Chandini was a
hijra.  Chandini has twice ran in fear to her Guru
when he tried to kill
her by pouring Kerosene on her. After six months of
living together unable
to bear his constant demands for money and to escape
his torture, she left
for Pune.

She returned to Bangalore on November 7, 2002 and
began living with her
Guru in Amrutha Halli. Just 12 days ago, Gnanaprakash
learnt of her return
to Bangalore and came to her Guru's house.  In the
absence of her Guru he
forced her to leave with him.  She had on her person
60 grams of gold
jewellery and Rs. 50,000 in cash when she left.
Gnanaprakash took her to a
rented house in Ramaswami Palya (Banaswadi Police
Station Limit) in
Bangalore.  Gnanaprakash deliberately isolated
Chandini from her only
support, the hijra community.

These facts expose the lies of Gnanaprakash and his
family.  In the light
of the above mentioned facts we fear that she was
brutally murdered by him
for her money and jewellery.  Local police in
Banaswadi Police Station
initially refused to register the complaint of Prema
(Chandini's hijra
mother). They in fact said that they do not recognise
the hijra community
or its relationships. They said they would act only if
Chandini's
biological parents issued a complaint.  Chandini might
or might not have
been killed by her husband but her dignity and her
selfhood have been
brutally murdered by the media and the Police.  While
the proper course of
action would have been a basic enquiry the Police have
not found a hijras
life worth any such effort.  This denial of hijra and
transgender peoples'
lives is what continues to propagate myths that
portray them as deceivers
and criminals. Hijras are accorded little dignity when
alive. This
incident shows how their dignity gets outraged even
after their death.

WE DEMAND:

1.  Impartial and speedy enquiry into Chandini's death
and punishment to
the guilty

2.  Immediate repeal of IPC 377, ITPA Act and all
legislations that
discriminate against sexuality minorities

3.  Govt. to appoint a committee of human rights
activists to look into
the human rights violations committed by all state
institutions (Police,
medical establishment, educational institutions) and
to remedy these
violations

4.  Recognise hijras as women with equal opportunities

5.  Employment, housing, rail travel concession,
education opportunities
for hijras and kothis

CONTACT US AT: Vividha, Flat 13, 3rd Floor, 'Royal
Park' Apartments, 34
Park Road, Tasker Town, Bangalore - 560051, Phone:
2868680/2868121, Email:
vividhabangalore at hotmail.com




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