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Towards Gender Inclusivity a STUDY on CONTEMPORARY CONCERNS AROUND GENDER Towards Gender Inclusivity A STUDY ON CONTEMPORARY CONCERNS AROUND GENDER By Sunil Mohan Assisted By Sumathi Murthy Edited by Alok Vaid-Menon Foreword by Kalpana Kannabiran Towards Gender Inclusivity A STUDY ON CONTEMPORARY CONCERNS AROUND GENDER By Sunil Mohan Assisted By Sumathi Murthy Edited by Alok Vaid-Menon Foreword by Kalpana Kannabiran Published by: Alternative Law Forum: ALF is a space that provides qualitative legal services to marginalised groups, is an autonomous research institution with a strong interdisciplinary approach working with practitioners from other fields, is a public legal resource using conventional and unconventional forms of creating access to information, is a centre for generating quality resources that will make interventions in legal education and training, and is finally a platform to enable collaborative and creative models of knowledge production. Website: www.altlawforum.org & LesBiT: LesBiT, founded in 2005, is a community support collective among working class, non-English speaking Lesbian and Bisexual cisgender women, transgender men (also known as F2M or Ftm female to male trans persons), intergender and sexual and gender minorities assigned a female gender at birth. People in LesBiT live in Bangalore, but many came here from other parts of Karnataka and other states mostly from South India such as Kerala, Tamil Nadu, and Andhra Pradesh, to escape severe rejection and violence from their families and society. LesBiT is an organisation run by community people, operating in a non-hierarchical manner, working for the concerns of all female-assigned sexual and gender minorities, regardless of whether they are members. LesBiT also does not believe in boxing identities and ideologies and values the diversity of gender and sexuality variation among its member. Email: [email protected] Edition : May 2013 Suggested Contribution : Rs. 50/- This monograph is solely intended for non-commercial puposes. All materials extracted and reprinted are consistent with fair dealing principles. This compilation may be distributed and republished for non-commercial or educational purposes. Table Of Contents Foreword ............................................................................................ 6 Glossary Of Terms ............................................................................ 8 Introduction ....................................................................................... 9 Acknowledgments............................................................................ 15 1. Gender........................................................................................... 17 2. Female To Male Trans Communities .......................................... 26 3. Violence ........................................................................................ 34 4. Sexual Assault And Gender Inclusivity ....................................... 52 5. Crisis Intervention........................................................................ 60 6. Transgender Recognition And Reservation ................................ 66 7. Towards A More Inclusive Feminism.......................................... 80 Foreword Towards Gender Inclusivity by Sunil Mohan and Sumathi Murthy is an auto-ethnographic text that foregrounds facets of the life-worlds of female born gender and sexual minorities in south India. While a self avowedly “non-academic” work, its significance lies first, in its translation of lived knowledge of a minority towards the furtherance of a more nuanced understanding of the workings of patriarchy and heteronormativity in contemporary Indian society; and second, in its purposiveness to further justice for gender and sexual minorities. Why are violence and reproductive rights and not desire and pleasure at the centre of feminist debates on sexuality? The fact that the experience 6 of violence for female born sexual and gender minorities is consequent on the assertion of the right to pleasure pushes the limits of feminism’s claim that the personal is the political. What are the ways in which forced heterosexual marriage ruptures our understanding of structural violence – community, caste, tribe and class intersecting with sexual orientation and gender identity? Violence in relationships has always been difficult to articulate especially because of the troubling ways in which violence is tied to intimacy in heterosexual contexts. Where heteronormativity is the ground norm Kalpana Kannabiran and alternative imaginations of relational spaces are stifled by hegemonic heterosexuality, what kind of resolutions are actually available on the ground to relationships outside heterosexuality? Where violence occurs, what frameworks of justice are appropriate? The authors argue in favour of community justice systems in the absence of recognition in the public domain of formal justice. The anticipation of violence from agents in the criminal justice system has a firm basis, no doubt. Yet, whether community justice is the answer, is a debatable point. The specific ways in which trans people blur and problematise the male- female binary makes a strong case for rethinking and redefining the constitutional category of “sex”. 7 Finally, on the question of politics: the need to push for a broad based feminist platform built on self definition and self declaration of gender can scarcely be understated. The proliferation of this inclusive platform has the potential to transform ideologies, learning, socialisation, sociality, institutions and policies (especially affirmative action) in profound, fundamental and far-reaching ways. It is a privilege for me to write the foreword to this book. Glossary Cis Gender a word recently being used for biological sex; the gender assigned at birth based on their genitalia. When a person is comfortable with the assigned gender then it is a cis gendered person and a trans person chooses the gender of their comfort. FTM Female to Male transpersons - a person born female transitions to be a man socially, with or without surgery. Kothi A person born male and who is feminine. Habeus corpus Latin for “that you have the body”. A writ of habeus corpus is used to bring a detainee or prisoner before the court to determine if the person’s imprisonment or detention is lawful. Hijra Hijra is a cultural identity of male to female transpeople who get initiated into this culture and accept the traditions of the community. There is a history to this community. All male to female transpeople are not Hijras. LBT Lesbian, Bisexual women and Transmen. LGBT Lesbian, Gay, Bisexual and Transgender. MTF Male to Female transpersons - a person born male transitions to be a woman socially, with or without surgery. Person This can replace the universal pronoun ‘him/his/he’. It is an inclusive term which can be used in the law to address any human being but before we start using the term ‘person’ we need to make the necessary changes in IPC definitions about man and woman and the concept of gender. Person includes any human being of any gender expression. Satla Kothi A stage of transition in Hijra community where a Kothi lives full time in female attire (Satla). 8 Transperson A term that we started using to be more inclusive about the idea of transition. It could be moving away from one’s sex, gender, patriarchy or heteronormativity. It does not make a distinction between various stages of transition or different identities of transition. It does not restrict one’s identity to either male to female or female to male or man or woman1. 1 The usage of ‘born female’ or ‘born male’ is mainly to understand the identity in a basic sense. These definitions do not necessarily indicate that sex is determined at birth. Sex is also constructed as detailed in the study. Introduction Background After working with different gender and sexuality rights organisations, I realised that the kind of advocacy necessary for social change was not being addressed. The type of work that I conducted in our community consultations, with the assistance of my comrade and dear friend Sumathi Murthy, rarely engaged with larger visions of social change. This work has not yet provided us with an accurate picture of how queer communities, especially working class people, see themselves, leave alone engage seriously with the idea of social transformation. I came to Bangalore in 2003 and started working on crisis intervention issues during 2005 with Sangama, an organisation that works for the 9 rights of sexuality minorities. At Sangama I recognised that the only way that we have come to understand ‘gender identity’ is through the lens of sexual orientation. For example: lesbians are the only female born people who are assumed to potentially have the desire to transition and become a female to male transgender person (FTM). However, this understanding neglects to address how FTMs can actually be attracted to other men. Our current conceptions of gender and sexuality cannot necessarily account for this. Does this mean that this person is ‘heterosexual’ or ‘gay?’ What became evident to me was that we need to remove our understanding of ‘gender’ from ‘sexuality’ and recognise it as a separate category that may be related to ‘sexuality,’ but is not always associated with it. The implications of this understanding are important because we open a space for a politics around gender that is not necessarily related to sexuality – a space that provides a point of contact for meaningful connections with women’s movements. Following the advice
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