Dignity for All

For a conservative society like Tamil Nadu, the rights given to LGBTQ (lesbian, gay, bisexual, transgender and queer) in the state are surprisingly the most progressive in India. There is a welfare policy for transgenders, free sex reassignment in government hospitals and various other benefits and rights. Tamil Nadu was also the first state to ban forced sex-selective surgeries on infants. It also uses a beautiful name for transgenders—“Thirunangai”, which means beautiful women.

In 1864, the British applied the British Buggery Act of 1533, criminalising non-procreative sex. In 1871, the British introduced Section 377 of the Indian Penal Code to criminalise the hijras, who had to register themselves, and were prohibited from dressing as women or dancing in public areas. Independent India retained the British mindset and laws, and hijras continued to be harassed all over India. Finally, on September 6th, 2018, the Supreme Court struck down Section 377, calling it an “infringement on the fundamental rights of autonomy, intimacy and identity”, thus legalising homosexuality, but same-sex marriages were still not recognised. On April 22^nd, 2019, Madras High Court ruled that the term “bride” under the Hindu Marriage Act, 1955, included transwomen and directed the state to register a marriage between a man and a transgender woman. But transgenders still live outside the main sections of society as sex workers, entertainers and so on.

Dr Chandra Ghariyali, (a retired IAS officer) and her daughter Priyadarshini Rajkumar have come out with the book Transgender in India – Achievers and Survivors: An Ode to Transwomen (www.compuprint.in, 2021), which has documented the changing status of transgenders in India, with stories and interviews of many transgenders from Tamil Nadu (and a few other places) who have achieved celebrity status.

Sanskrit mentions three genders: masculine, feminine, and gender-neutral. The “tritiya-prakriti” (third gender) or “napumsaka” (eunuch) has been an integral part of Hindu literature and folklore, epic and Puranic literature.

India has traditionally treated transsexuals with respect. Shiva and Parvati combined to form Ardhanarishwara, a unique amalgamation of the male and female forms.

In the Ramayana, it is said that while the citizens of Ayodhya listened to Rama’s request to return home after he had left the city for the forest, the tritiya pravartis or “third gender” remained at the gates of the city till his return 14 years later. Rama was so overwhelmed that he gave them the ability to bless other human beings.

Cursed by the apsara Urvashi for spurning her advances, Arjuna had to spend a year as the eunuch Brihannala in the court of the King Virata of Matsya, teaching the princess Uttara to dance. When Virata learned the truth and offered Uttara in marriage to him, Arjuna refused, saying a student was like a daughter. However, he accepted her hand in marriage for his son Abhimanyu.

A famous transsexual was Shikhandini, the reborn Princess Amba of Kashi, who had committed suicide vowing to be reborn as Bhishma’s killer. She was the daughter of King Drupada and younger sister of Draupadi. She grew up as a boy and was even trained in warfare by her father, and came to be known as Shikhandi. In the Kurukshetra war, Krishna made her drive Arjuna’s chariot, knowing that Bhishma would not fight a woman. Thus Arjuna’s arrows pierced Bhishma and prepared him for death.

The Supreme Lord Vishnu himself took on a female form. During the samudra manthana or churning of the ocean, when the devas and the asuras were forced to collaborate to acquire amrita, the nectar of immortality from the ocean, Vishnu took on the form of a beautiful woman named Mohini (the enchantress) to lure the asuras away from the amrita, leaving it for the devas alone. Ayyappa—also known as Hariharaputra—of Sabarimala was born of Vishnu’s subsequent union with Shiva.

On another occasion, Mohini had to save Shiva from the boon he gave Bhasmasura, that he would incinerate anyone whose head he touched. She danced and enticed Bhasmasura to follow her steps. In the course of the dance she touched her head and so did Bhasmasura, turning himself into ash.

In a rare case of a female transforming to a male, we have Ila, born to Vaivasvata Manu and his wife Shraddha, who wanted a son. They prayed to the gods who changed Ila to a man called Sudyumma. Sudyumma went into a forest where he was cursed to become a female, but Shiva permitted him to be a male every alternate month. As a female, Ila married Budha (Mercury) and gave birth to the Lunar dynasty of Pururavas. Finally, Shiva gave Ila a boon to become a full man.

These myths live on. Before the Kurukshetra war, it was decreed to offer a human sacrifice of Aravan, the son of Arjuna and Ulupi (a Naga princess) to the Goddess Kali to ensure the victory of the Pandavas. But Aravan had a condition—that he should spend the last night of his life as a married man. No woman was willing to marry him as Aravan was going to be killed immediately after the marriage. So Krishna took the form of the beautiful Mohini and married him. This is why the hijras of Tamil Nadu call themselves Aravanis after Aravan, their progenitor. In Koovagam, Tamil Nadu, there is an 18-day festival every year, visited by transwomen who dress up as Aravan’s wives, marry him and then mourn his death. There are several other local deities for transsexuals, such as Yellamma of Karnataka and Bahuchara Mata of Gujarat. Traditionally, eunuchs were the custodians of the harem. And some, like Malik Kafur, went on to become generals and high officials. The Lodhis built the Hijron ka Khankah where 49 eminent hijras of the Lodhi period are buried.

Yet, in spite the of the long tradition of transsexuals in Indian society— even in the form of gods and heroes—they are still rejected by society. In North India, the birth of a baby, especially a boy, sees a large group of transsexuals or hijras descending on the house to sing and dance to bless the child (for payment). However, important details like employment, toilets, and social acceptance are still problems and subject to popular biases.

Tamil Nadu is undoubtedly a traditional society, yet it has accepted transsexuals as a part of the normal. Narthaki Nataraj, a popular and acclaimed Bharatanatyam dancer, broke stereotypes and norms and was the first transgender artist to be accepted on stage. She was forced to leave home with a friend, and became a woman and a dancer “like a lotus emerges from the mud.” When she applied for a passport to go abroad, she received one with “eunuch” written as her sex. She wrote back to the Ministry of External Affairs, saying that the passport was useless for her. Finally, she and her friend got a passport mentioning their sex as female. She was the first transperson to receive the Kalaimamani award, as well as the Padma Shri, and the Government of India scholarship, twice. She has danced in 23 countries. The story of Narthaki and her friend Sakthi has been added to standard twelve textbooks of Tamil Nadu.

Apsara Reddy, born Ajay, is a well-known political spokesperson, analyst and journalist. K Prithika Yashini was the first transgender to be appointed as a police officer in Tamil Nadu. Initially, her application was rejected. She had undergone a sex change surgery and changed her name. She approached the Madras High Court which ordered the Tamil Nadu Uniformed Services Recruitment Board to accept her application. She gave the written exam, physical endurance test and interview, but had to struggle, and go to court at every stage. The landmark judgement given by the Justices said “that no one understood the discrimination faced by the transgender community…the harassment inflicted on Prithika…required her to go to court at each stage to assert her rights”. Sathyasri Sharmila was the first transgender advocate in Tamil Nadu. Grace Banu faced the dual problem of being a Dalit and a boy who felt he was a girl. She was admitted into a mental asylum by her parents. She ran away, completed her Diploma in Computer Science with 95% and later earned her BE degree. She has been working as a freelance computer programmer but has also adopted 12 transgender daughters and one son. All these people also work for transgender rights.

A big surprise is Esther Bharathi, the first transgender pastor. She was born as a boy to a temple priest, who could not accept the fact that his son wanted to become a girl. She even tried to kill herself till she left home and joined the Evangelical Church of India (ECI). The Christian churches have not been very accommodating of transgenders and even the congregation tried to have her removed. But the ECI stood by her and she is now a freelance pastor.

Noor Mohammed became Noori Saleem and was the second Indian to be diagnosed as HIV positive. After her mother’s death, her father married again and her stepmother mistreated her. She ran away from home and moved into a colony of hijras. She wanted a sex change operation and in those days it was done by a Dai Ma, who would cut off the penis with a sharp knife, a very dangerous and painful method. Noori started an NGO and adopted orphaned children, now caring for 200 at home.

Transgenders have entered every field in Tamil Nadu—the glamorous Namitha Ammu is an actress, as is Jeeva Subramanian. Rose Venkatesan hosted the first Tamil talk show Ippadikku Rose (Yours truly, Rose), as well as Idhu Rose Neram (This is Rose Time); and a radio show Rosudan Pesungal (Talk to Rose). And many transgenders are social workers, such as Swetha Sudhakar, Olga B Aaron and Dr. Sudha.

Elsewhere in India, transgenders are making their mark. Shabnam Mausi Bano is India’s first transgender MLA from Madhya Pradesh, while Madhu Kinnar, Mayor of Raigarh is India’s first transgender mayor.

But these are the lucky ones. Most have to beg, sing and dance for a living. Changing sex is also not easy. Many consume hormones given across the counter by unqualified chemists. That is why the Government of Tamil Nadu declared free sex assignment surgeries in the state’s hospitals.

As with several path-breaking social changes, many of these were made possible by the judiciary. In 2014, the Supreme Court identified transgenders as a third gender. Justice Radhakrishnan gave a beautiful judgement enabling them to access education, employment and health care and the legal right to identify their gender. The Supreme Court also decriminalised Section 377 of the IPC and permitted sex between consenting adults. Meanwhile the Madras High Court directed the Nurses and Midwives Council to accept the application of a transgender as “third gender”. It ruled that the Hindu Marriage Act of 1955 included marriage between a man and a transgender woman. Finally, in 2019, Parliament passed the Transgender Persons’ Protection of Rights Bill.

All states have not been equally pro-active towards transgenders. Maharashtra, Delhi and Rajasthan have formed Transgender Welfare Boards. Banks like Equitas have provided credit to transgenders, besides employing one. Tamil Nadu has employed several transgenders in various posts, making it the most advanced state in this field.

CK Gariyali begins the book with her personal experiences of transgenders while she was a young girl growing up in Delhi. They are often mistreated by society and have to be treated with kindness and compassion. Tamil Nadu has taken the lead in their rehabilitation. I wonder which state will be next.

ArdhanarishwarabooksKoovagam transgender festivalNarthaki Natarajtransgender