India's got some gender issues. It's still, how shall we say . . . exploring itself.
Infamous Section 377 of the Penal Code (introduced by those pesky British--kings of the homoerotic homophobic culture) criminalizes "unnatural offenses"
"377. Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine."
Of course, Indian judges had always interpreted this to mean sodomy, i.e., gay sex, whereas I, for example, would really interpret this to mean any sexual act involving a video-camera. Totally unnatural. And, if not offensive, pretty much just a terrible idea.
However, in July 2009, in a much-lauded and historic decision, the Delhi High Court held that Section 377 violated the Indian Constitution (specifically, the clause stating that every citizen has equal opportunity of life and is equal before law) and struck the law down. For those who might be interested in this piece of trivia--counsel for the plaintiff was my new employer. (Yeah, he's kind of a big deal. I mean, whatever.).
Well, pretty much LGBT activists everywhere where popping champagne corks after this decision, but alas! Just three and a half years later, in December 2013 the stupid Indian Supreme Court overruled the Delhi High Court and reinstated Section 377. (Another fun fact--the judge who wrote the opinion resigned on the same day the opinion was issued. Like a final little farewell "fuck you" to the world.)
According to my gay friend here, after the December decision the gay scene in Delhi just dried up. (Except for maybe, in my bathroom. Please see previous posts for details). Clubs stopped hosting gay nights, and folks retreated back into the closet. (Or tried to. But you know, once that genie is out of the bottle it can be hard to tell mom and dad you were "just kidding".)
Enter the hijra.
Ok, I haven't totally figured out the boundaries of what hijra refers to yet, but I think it's basically the word used for transgendered or transsexual men. I'm not sure if the hijra category would also encompass eunuchs, transvestites or transgendered and transsexual women, but it's like somewhere in all of that.
Point being, the hijra hold a recognized and important role in Indian culture. The myth/religious tale that I heard was that when Lord Shiva needed to do something important and dangerous all of the men and women left, but the hijra stayed to accompany Lord Shiva on his mission. So Lord Shiva thanked the hijra by gifting them with the power to bestow blessings on men and women. (Honestly, the power to bestow blessings? Way to lowball the hijra, Lord Shiva. Next time get them a Ferrari and some ice cream).
Today hijra occupy a low but complicated rung in Indian society--they're pretty much outcasts and beggars, but are a sine qua non at any event where a blessing is needed. Or so I've been told, the only easily recognizable hijra I've seen here have been the ones who surround my rickshaw and ask me for money.
Anyhoowise, just last week, lo and behold, the Indian Supreme Court handed down this incredibly progressive decision in which they recognized hijras (and all transgendered people) as an official third gender in India. I guess this means that India will need to change all of its forms to read "Male" "Female" "Third Gender", but of even more significance, this decision comes with a whole host of protections for people who identify as a third gender. I think there will be special quotas reserved for them in educational institutions, employment and political seats. Also, states have to now construct special public bathrooms and welfare schemes for them.
But, they still can't have sex with a member of the same gender. (This of course has sparked a bazillion debates. Would it be an "unnatural offense" for a member of the third gender to have sex with a man? With a woman? With another member of the third sex? Also, an this is just my personal query, if you're say, a man, and you're attracted to men, women and members of the third gender, does that make you trisexual? Pansexual?)
Clearly, the judiciary is a little confused here. I mean I get it, they're still experimenting.
But, there may be a light at the end of this convoluted legal tunnel. My NGO submitted a curative petition a while back which was recently accepted by the Supreme Court. As my colleagues explained it to me, a curative petition is basically a last ditch attempt to have the court reconsider it's decision based on "patent" error. These are never accepted, so the fact that the Supreme Court did accept our curative petition--i.e., have agreed to reconsider whether there has been a patent error in the case--is a apparently a big deal. People in my office were literally bouncing off the wall with the news came out.
I think my boss's oral arguments before the Supreme Court in favor of overturning their prior, terrible decision are on Tuesday. Stay tuned for more details . . .
Infamous Section 377 of the Penal Code (introduced by those pesky British--kings of the homoerotic homophobic culture) criminalizes "unnatural offenses"
"377. Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine."
Of course, Indian judges had always interpreted this to mean sodomy, i.e., gay sex, whereas I, for example, would really interpret this to mean any sexual act involving a video-camera. Totally unnatural. And, if not offensive, pretty much just a terrible idea.
However, in July 2009, in a much-lauded and historic decision, the Delhi High Court held that Section 377 violated the Indian Constitution (specifically, the clause stating that every citizen has equal opportunity of life and is equal before law) and struck the law down. For those who might be interested in this piece of trivia--counsel for the plaintiff was my new employer. (Yeah, he's kind of a big deal. I mean, whatever.).
Well, pretty much LGBT activists everywhere where popping champagne corks after this decision, but alas! Just three and a half years later, in December 2013 the stupid Indian Supreme Court overruled the Delhi High Court and reinstated Section 377. (Another fun fact--the judge who wrote the opinion resigned on the same day the opinion was issued. Like a final little farewell "fuck you" to the world.)
According to my gay friend here, after the December decision the gay scene in Delhi just dried up. (Except for maybe, in my bathroom. Please see previous posts for details). Clubs stopped hosting gay nights, and folks retreated back into the closet. (Or tried to. But you know, once that genie is out of the bottle it can be hard to tell mom and dad you were "just kidding".)
Enter the hijra.
Ok, I haven't totally figured out the boundaries of what hijra refers to yet, but I think it's basically the word used for transgendered or transsexual men. I'm not sure if the hijra category would also encompass eunuchs, transvestites or transgendered and transsexual women, but it's like somewhere in all of that.
Point being, the hijra hold a recognized and important role in Indian culture. The myth/religious tale that I heard was that when Lord Shiva needed to do something important and dangerous all of the men and women left, but the hijra stayed to accompany Lord Shiva on his mission. So Lord Shiva thanked the hijra by gifting them with the power to bestow blessings on men and women. (Honestly, the power to bestow blessings? Way to lowball the hijra, Lord Shiva. Next time get them a Ferrari and some ice cream).
Today hijra occupy a low but complicated rung in Indian society--they're pretty much outcasts and beggars, but are a sine qua non at any event where a blessing is needed. Or so I've been told, the only easily recognizable hijra I've seen here have been the ones who surround my rickshaw and ask me for money.
Anyhoowise, just last week, lo and behold, the Indian Supreme Court handed down this incredibly progressive decision in which they recognized hijras (and all transgendered people) as an official third gender in India. I guess this means that India will need to change all of its forms to read "Male" "Female" "Third Gender", but of even more significance, this decision comes with a whole host of protections for people who identify as a third gender. I think there will be special quotas reserved for them in educational institutions, employment and political seats. Also, states have to now construct special public bathrooms and welfare schemes for them.
But, they still can't have sex with a member of the same gender. (This of course has sparked a bazillion debates. Would it be an "unnatural offense" for a member of the third gender to have sex with a man? With a woman? With another member of the third sex? Also, an this is just my personal query, if you're say, a man, and you're attracted to men, women and members of the third gender, does that make you trisexual? Pansexual?)
Clearly, the judiciary is a little confused here. I mean I get it, they're still experimenting.
But, there may be a light at the end of this convoluted legal tunnel. My NGO submitted a curative petition a while back which was recently accepted by the Supreme Court. As my colleagues explained it to me, a curative petition is basically a last ditch attempt to have the court reconsider it's decision based on "patent" error. These are never accepted, so the fact that the Supreme Court did accept our curative petition--i.e., have agreed to reconsider whether there has been a patent error in the case--is a apparently a big deal. People in my office were literally bouncing off the wall with the news came out.
I think my boss's oral arguments before the Supreme Court in favor of overturning their prior, terrible decision are on Tuesday. Stay tuned for more details . . .
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