<<

Journal of Research on Women and Volume 9, Pages 3-19 and Official © Abdul Aziz and Sameena Azhar, 2019

Reprints and Permissions: Recognition of in Bangladesh Email [email protected] Texas Digital Library: http://www.tdl.org Abdul Aziz and Sameena Azhar

Abstract This research study investigated the processes of social exclusion and legal recognition of hijra in Dhaka, Bangladesh, focusing on experiences in accessing work and services. The goal of this study was to explore how official recognition of hijra as a shaped experiences of social exclusion, following the of a new policy allowing individuals to legally register as a third gender. Fifteen interviews were conducted with hijra and five interviews were conducted with key informants. Thematic analyses of interviews were conducted to better understand processes of social exclusion of hijra. Findings demonstrate that while the Bangladeshi government reports that officially recognize hijra as a third gender group, hijra have not actually been able to legally register under this category at local government offices. Additionally, systemic prevents them from being able to find gainful employment or fully access health services. Without legal protections for their civil rights, hijra lack the ability to make legal claims of discrimination. These findings suggest that: (1) increased vocational and training opportunities should be offered to hijra, (2) healthcare providers who interact with hijra in medical settings require greater sensitization to work with this community, and (3) legal advocacy is needed to ensure the protection of hijra’s civil rights, including their ability to legally register as a third gender person and change their legal names, as is currently allowed by Bangladeshi law. Keywords social exclusion, access to work, health services, recognition, hijra, Bangladesh,

Introduction hijra is often translated to mean transgender, the lexicon of “transgender” ijra1 are referred to as a third has not been widely utilized in the South gender and encompass a group Asian context (Reddy, 2005; Nanda, of gender-nonconforming H 1999). The word, “hijra” is often people in , including translated into English from transvestites, , (Nanda, 1999) and (Rehan et al., individuals, and transgender people. In 2009) as , transvestite, or South Asia, the concept of a third gender . Because many hijra have has existed for centuries. While the word undergone , hijra were often

1 The term ‘hijra’ is used in both the singular and plural sense. Journal of Research on Women and Gender 4 considered sexually impotent and unable mutually exclusive nor completely to have children. Haider and Bano (2002) overlapping. provide fifteen categories of hijra, based Hijra experience social exclusion on genital appearance, social identity, at multiple levels in (Kalra & sexual preferences, and degrees of Shah, 2014). Bangladeshi places or . Differences a high value on close familial pertaining to the labelling of third gender relationships, fulfilment of gendered groups varies substantially from region to expectations of , and region within South Asia. performance of social duties. Experiences Important distinctions also exist of social exclusion often begin within the between the social meanings ascribed to family itself (Khan et al., 2009). As youth, these various sexual and gender minority hijra often experience isolation and identities (Towle & Morgan, 2006). In ostracization in school from their comparison to hijra, the term, instructors and peers. As students, hijra “transgender,” is often used in the are likely to be ostracized and bullied. Western context as an umbrella term to Because of these experiences of identify individuals who do not conform discrimination, many hijra drop out of to gender binaries and may present with a school during primary . Those blurring of conventional gender roles or hijra who have not completed secondary expression (UNDP , 2010). In the education are less likely to secure gainful present study, hijra are identified as employment in the formal labor sector people who do not identify as either male and are more likely to reside in transient nor , but rather identify as a third housing. Hijra may choose to leave their category of gender that is indigenous to to protect them from South Asian . Depending on their experiencing further or may location in South Asia and the vernacular be forced to leave their homes if family of local language, the range of names for members do not approve of their life gender-nonconforming categories choices (Khan et al., 2009). within this third gender label include the identities of , panthi, khwaja sara, Changes in Gender Policy kinnar, khusra, zenana and others (Boyce, The foundations of criminal law in 2007; Cohen, 2005; Reddy, 2005). In the British India were laid by the Indian Penal Bangladeshi context, people who identify Code (IPC) and the Criminal Procedure as kothi often belong to working-class Code (CCP), which were adapted from backgrounds. They do not live in British law (Godwin, 2010). After separated communities, as hijra usually declaring independence from in do. Though many kothi have with 1971, Bangladesh adapted the Pakistan both men and women, they often take a Penal Code, which in turn had also been more effeminate in relationships with derived from the IPC (GHRD, 2015). men. Some hijra also identify as kothi or The twenty-seventh Article of the as transgender, and some Bangladeshi Constitution states that all kothis/transgender people also identify as citizens are equal before the law and are hijra. These identities are neither eligible for equal protection under the law. Discrimination on the grounds of Journal of Research on Women and Gender 5 , race, sex and is prohibited Social Exclusion and Access to Health (Article 28) and public employment must ensure for all citizens Services/Work (Article 29). However, of the Social exclusion results from Penal Code, violates these rights by unequal power relationships across the effectively criminalizing , dimensions of culture, economics, politics and arguably also gender nonconformity, and interpersonal relationships (Popay et by prohibiting sexual intercourse that is al., 2008). Social exclusion can take place considered “against the order of nature.” in the context of families, friendship The Penal Code is used in combination circles, community organizations, with sections 54 and 55 of the CCP, working environments or religious which sanctions law enforcement agencies groups. Social exclusion has been linked to arrest someone in suspicion of to (Sen, 2000), poor mental and commiting a “cognizable offense” physical health, reduced access to (UNDP Bangladesh, 2015). The exact education, and lack of political parameters for this offense are subject to participation (Popay et al., 2008). Social legal interpretation. exclusion creates a lack of resources, the In 2013 the Bangladeshi cabinet inability to fully engage in relationships endorsed a policy allowing hijra to self- and social activities, and lack of identify as a third gender on all participation in cultural and political government forms, including arenas (Levitas et al., 2007). and national identification cards Gender creates a categorical (Hossain, 2017). Despite this policy, in disadvantage in settings of poverty practice, it remains impossible for a hijra (CPRC, 2005). The intersection of to complete this registration process as gender-based injustice and economic these forms continue to lack a third precarity makes women and gender- gender option. The election commission nonconforming people from (EC) has not provided reasonable impoverished families more vulnerable to justification as to why these changes have social exclusion and discrimination not yet been implemented. The EC (Kabeer, 2006). In this study, we updated their voter list on January 31, specifically focus on the social exclusion 2016, and enlisted 99,898,553 voters, of hijra in regard to access to work and including 50,320,362 men and health services. 49,578,191 women, but did not offer Access to work is the idea that numbers of hijra/third gender voters who people have a human right to participate had been registered on the updated list in productive employment (UNDP, (New Age, 2016). The lack of reported 2015). Increasingly, social interventions numbers for hijra/third gender voters focus on not just providing work, but suggests that hijra have effectively been providing “decent work.” The decent barred from registering under the third work agenda is a concept created by the gender status through the EC. International Labor Organization (ILO) in 1999 with the aim of ensuring minimum conditions and rights at the workplace (ILO, 2013). The Universal Journal of Research on Women and Gender 6

Declaration of Human Rights study and establish the financial incentive hypothesizes that there are four for study participation. Each respondent interconnected elements at the core of the was provided an incentive of 400 BDT notion of decent work: the right to work, (around $5 USD). This amount was equal pay, just remuneration, and deemed appropriate after consultation freedom of association (, with others who engaged in research with 1948; Ghai, 2006). While sex work has NGOs. been recognized by the United Nations as To better understand the social a valid form of labor, and has been exclusion of hijra, we interviewed hijra distinguished from the coercion and key informants from Dhaka and associated with sex trafficking (UN Chittagong, two large cities in OHCR, 2000), the conditions under Bangladesh. Between August and which panhandling, street performance September 2016, we conducted 15 and sex work occur for hijra in interviews with hijra and 5 key informant Bangladesh could easily be considered to interviews with NGO workers, journalists be violating ILO standards for safe and and researchers familiar with hijra equitable venues for work. communities. A semi-structured In terms of accessing health interview guide was utilized, focusing on services, poor health is considered both a themes regarding experiences in the risk factor as well as an outcome of social context of access to work and healthcare exclusion. Hijra face stigma when (Kvale & Brinkmann, 2009). accessing health services and are often We utilized open-ended questions avoided by physicians (Khan et al., 2009). to capture the forms of discrimination Poverty and social exclusion appear to be that hijra experienced. The main the driving forces behind health inequities objective of these interviews was to gauge and subsequent health system costs in how experiences regarding gender developing contexts like Bangladesh identity had changed, following legal (WHO, 2015). recognition from the government of a third gender. In interviews with hijra, Methods respondents were also asked about their experiences in accessing health care and Before beginning fieldwork, the work. In interviews with key informants, researchers contacted Bandhu Social respondents were asked about their Welfare Society (BSWS), a experiences with assisting hijra in nongovernmental organization (NGO) in accessing work opportunities and health Dhaka that works for the human rights of care services. gender and groups. We obtained oral informed Through BSWS, the research team was consent from all participants by introduced to several of the participants. explaining the purpose of the study, as Team members also approached hijra by well as the risks and benefits involved in conducting street outreach. However, no participation. Written consent was not hijra agreed to participate in the study obtained to protect the of without obtaining the explicit permission respondents and to minimize the from their or leader. Conversations possibility of adverse consequences from were scheduled with to discuss the Journal of Research on Women and Gender 7 participant affiliation with the study. To of the country and from lower further ensure the confidentiality of socioeconomic backgrounds. Six participants, we have not reported the respondents had studied up until the exact location or date of interviews. primary level of education (roughly All interviews were conducted in equivalent to eighth grade) and one Bengali. A male researcher conducted the individual was illiterate. Only four hijra interviews with a female companion. had a long-term partner, known as a Interviews were audio recorded with the parikh. Some hijra were homeless and participant’s permission and lived in public parks, central train translated/transcribed directly into stations, or slums. These hijra reported English. The transcripts of the interviews being homeless since they left their were analyzed by two coders, using parents’ homes in their youth. Even in thematic analysis (Auerbach & these precarious homeless settings, hijra Silverstein, 2003; Boyatzis, 1998). This reported feeling fewer threats to their process involves open coding, identifying personal safety than when they lived with themes, clustering themes by patterns, their families in fear. and discerning meaning from these Most hijra lived in houses in the patterns. Differences in opinion regarding same community in groups coding decisions were resolved between similar to a family, following a maternal the two coders; consensus was reached on leader, known as a guru. The guru all coding decisions. supervises a small community of disciples, Data analysis was completed in known as chela. Guru and chela October 2017. Following data collection, affiliations follow hierarchical social roles. the interviewer consulted with a The guru usually receives a portion of the prominent Bangladeshi hijra activist, who chela’s income. In return, the guru is currently lives in the Netherlands, via responsible for training and socializing internet video conferencing. The purpose their chela to the lifestyle of the hijra of these consultations was to obtain community. She teaches them ulti feedback on the interpretation of the (meaning backward in Bengali), a secret interviews. We intended to ensure that language spoken only among hijra and the iterative process was appropriately inflected with Farsi words. The guru also being conducted and in accordance with guides her chelas through the process of an appreciation for local customs, becoming an authentic member of the traditions and semantics of hijra hijra community, processes which may communities. involve castration, penectomy, therapy, or . Results All of the hijra we interviewed had left their families between the ages of All respondents in the sample seven and ten when they chose to join this identified as hijra; none of the community. Most of the parents of these respondents identified as either male or hijra lived far away in rural areas and female. The age of the respondents was participants did not have ongoing between 20 and 45 years. The mean age relationships with them. Several hijra of participants was 36.25 years (SD = reported finding it challenging to find safe 7.78). Most hijra hailed from rural areas Journal of Research on Women and Gender 8 places to live on their own. Hijra reported for third gender rights. They all had male that landlords will request higher partners with whom they would be seen amounts for rent from them. Many publicly. One of these hijra was as a landlords refuse to rent flats at all to hijra, Program Officer at a local NGO with ten no matter how much more money they years of experience working for hijra are willing to pay over other tenants. rights. Most hijra earn their livelihood by It is notable that the hijra who engaging in hijragiri or badhai. Hijragiri, engaged in traditional livelihoods for the badhai or bazaar tola include a range of community, such as badhai, often hail activities, such as collecting payment for from lower socioeconomic while giving blessings, obtaining donations the hijra who work in non-profit settings from local shop-keepers, and panhandling often hail from higher socioeconomic passengers at traffic intersections, railroad castes. The class divisions between these stations and other public spaces. Badhai is hijra groups reflect larger social divisions a public performance involving loud within Bangladeshi society that demarcate clapping, singing and dancing, prompting groups of people based on their literacy, shopkeepers and passersby to donate education, religion, occupation, and money to hijra. Hijra have historically socioeconomic status. been bestowed with spiritual powers to bless and curse people. Because hijra are Inability to Legally Register as a Third aware that people are afraid of receiving a curse (badua) from them, and because Gender Person many people believe in their supernatural A recurring theme in the powers, hijra utilize badhai as a primary interviews was the frustration that hijra means of income. Some hijra also subsist felt about not being able to actually on daily wage labor through jobs, such as register as a third gender person. Most cleaning homes or selling items in the members of the hijra community market. considered registration a personal A smaller proportion of the hijra priority, but were unable to move forward community live independently and do with the legal process. On the current not follow a guru. These hijra do not voter registration form, many hijra primarily rely on hijragiri or badhai for reported that they still identify as either livelihood. They have jobs through local male or female as there is no place on the NGOs and are directly involved with the voting form to identify as third gender. third gender rights movement in This effectively prohibits many hijra from Bangladesh. They do not regularly engage voting altogether for fear of being in panhandling or sex work. Most of these questioned about their at hijra were born in Dhaka and have the polls. Jhunjhuni, a 24-year-old hijra studied up through the Higher Secondary from Dhaka who engages in sex work, level. They hail from higher noted: socioeconomic castes and have a higher The Election Commission has yet degree of education. In our sample, three to enroll us as voters and provide us individuals fit this description. They were with national identity cards that involved in political advocacy movements display our gender identity. Journal of Research on Women and Gender 9

Another respondent Keya, a 38-year-old Discrimination in Accessing Health hijra who also engages in sex work added: We hesitate to wait in the lines of Services either male or female voters to vote. Another recurring theme in Though there’s a single option interviews was the difficulty in accessing (others) for hijras in the health care services. Most hijra did not see form, we cannot use it as there’s no any change in the provision of health care such option on the birth certificate services after having their gender identity and the National Identity card. One important consequence of officially recognized. Many hijra reported being given third gender status is being that they rarely go to government health able to be recognized by the government centers if they suffer from medical issues. as a member of a scheduled caste. Such an Most hijra reported experiencing official designation offers hijra the ability discrimination from medical staff in to access particular entitlements from the public settings, namely by doctors and state, similar to affirmative action, such as nurses. reserved seats on panchayats or local Many hijra are vulnerable to village councils, and access to ration cards. sexually transmitted infections (STIs) Without being able to register as a third because of their engagement in sex work gender person, hijra are unable to avail of (Khan et al., 2009), but are often hesitant these social entitlements. As Pinki, a 32- to request care for these medical issues. year-old hijra noted: Pinki, a 32-year-old hijra expressed, I am grateful to our government for “If we suffer from STIs, it is making space for us. However, we virtually impossible to disclose have a long journey to go. this to the doctor in the public Kanta, a 46-year-old hijra activist who hospitals. They do not respond engages in sex work, expressed frustration well and they disapprove of about their gender identity not being hijra’s sexual relations.” legally recognized: Pinki added that discrimination also In my passport, bank account and occurs when attempting to obtain other voter ID, everywhere I am medical referrals within the hospital, mentioned as a , so what is preventing hijra from receiving adequate the meaning of recognition to me? medical care: However, I will keep fighting for “Sometimes we want to visit a the rights of the hijra community. specialist because of a critical The distinction is made clear here medical situation, but we that hijra do not typically identify as cannot. We are often informed women, but rather as a third gender. The that the doctors are not present. inability to actually register as a third Therefore, we often have no gender, despite the change in official law, choice but to take care of our is reflective of the ways in which this medical issues ourselves, even if policy has failed to be effective. we are in critical medical need.” Many respondents reported that HIV prevention and safer sex education were heavily prioritized by NGOs and Journal of Research on Women and Gender 10 public clinics, with less attention being already been seen. Is this not paid to other health concerns. Nilima, a discrimination? 32-year-old hijra depicted the prevailing Hijra were criticized by hospital condition within accessing health staff and were told that their presence services: made other patients uncomfortable. Some NGO health services only Keya, a 38-year-old hijra reported: provide a prescription for STIs. I went to the public hospital with Aside from these diseases, we suffer my friend to see a doctor. I from psychological problems, observed men were making fun of addiction, and these issues are us. We just kept calm and quiet. entirely ignored. Women tried to hide their face Kanta reported experiencing similar with their veil, implying that I treatment: stink! I always use deodorant while The NGOs are limited to giving going out to any public area, condoms, lubricants and HIV/STI especially in the hospital, to avoid related services. It is important to the looks that people give. initiate an environment where we Similarly, Julie, a 29-year-old hijra from can talk to doctors frankly. Dhaka related: Kanta indicates their inability to In government hospitals, we need share with doctors their concerns about to wait in a line to visit a doctor other health issues, as STI prevention and where many other people are also treatment was the overwhelming focus of gathered. And there we have to face a dilemma: whether we should health intervention. Four hijra who are stand in the gents’ or ladies’ side. activists and sex workers reported that Neither of them allows us to enter they experience better treatment in their line. private clinics than through the public Some hijra reported feeling hospitals or NGOs. Criticizing the exploited by NGOs, who use them as government’s lack of targeted poster children for their media interventions for their population, campaigns. One hijra reported that many Romana, a 39-year-old hijra from NGOs only invite hijra for World AIDS Chittagong said: Day events or for health rallies, but I see nothing from the government otherwise ignore them during the in regard to health services for us. remainder of the year. Though hijra are Romana also mentioned that there paid 350-400 Taka for their participation is often a long wait to be seen in public in the rally, engagement with the NGOs hospitals. Respondents reported that does not continue after the event. While people often stare at them in hospital hijra reported that they have participated waiting rooms, resulting in feelings of in programs funded by international embarrassment and humiliation. Rupa, a donors and human rights groups, they 34-year-old hijra expressed: often feel that these programs only Once I went to the doctor in the hospital, I saw people hesitate to sit provide lip service to the health needs of near to me. Everyone was staring at their community. me. I was kept waiting for a long time to see a doctor. All other people in the waiting room had Journal of Research on Women and Gender 11

Discrimination in Labor Markets jobs in many sectors. For example, the readymade garments industry in the All respondents indicated a desire manufacturing sector employs almost the to work; almost all had experienced same number of men and women (GISW, discrimination in obtaining employment. 2015). Nonetheless, hijra find it difficult Most hijra reported that they continue to to obtain a job in this field. Romana, a 39- engage in hijragiri and sex work as these year-old hijra spoke about her difficulties venues offer them higher wages than in obtaining employment at a local textile other forms of day labor. Most company: respondents say it is the only option they I can work at the garments have to make a reasonable living. company, but they recruit only Respondents complained about the males and as there is no difficulties in collecting money from option for ‘other’ on the job shops and in public markets through application form. badhai. Many reported they had a more This prohibited some hijra from sustainable livelihood from hijragiri in the applying as they fear being questioned past when society placed greater value on about being male or female at the their importance in the community. workplace. Shompa, a 33-year-old hijra, Pakhi, a 38-year-old hijra from Dhaka, said: reported how she was injured while Not every job has a favorable performing hijragiri: environment for us. It would have I was beaten while I was asking for been better if we could do some money from a shopkeeper in the office work. In jobs where we have market. They refused to pay me to work in shops or with garments, money, but I forced them to pay… we have to face so many hurdles Now wherever we go for collecting and hear unpleasant comments money, we go together to avoid any made about us. The government clashes. identifies us as hijra, but we cannot Most hijra were unable to get a job get a job. No one wants to recruit because of a lack of education/skills or us. lack of acceptance of their gender Shompa reported that when she nonconformity. Hijra reported that obtained a manager position with the help employers viewed the ways in which they of an NGO, she still experienced physical, dress to be unacceptable for a professional verbal and sexual at work. Hijra working environment. Expressing reported that employers may refrain from frustration over their lack of job hiring hijra because they claim that they opportunities, Nilima depicted this want to save the workplace from “sexual condition: pollution.” Even if hijra are initially hired, We have no access to mainstream they may lose their jobs once their gender jobs because of our feminine identity becomes known. Kotha, a 44- gestures. Employers do not want to year-old hijra from Dhaka shared this recruit us on the grounds of experience: ‘polluting’ the job environment. I got a job (while) hiding my A third gender option is not identity but eventually was fired provided on most job applications, when employers came to know of preventing hijra from openly applying to my feminine attitude and gender. Journal of Research on Women and Gender 12

When asked how they were able to Lack of employment get these positions at all, Kotha said that opportunities leads many hijra to engage it was because of their education and in sex work, public performance and training. Shukhi, a 39-year-old hijra panhandling. Nilima reported this similarly commented: paradox well: I am educated and well trained. I We have been recognized as hijra deserve a government job. by the government, but there is no However, there is no option except way to work outside of the sex some recruitment from NGOs. . We survive by selling our Akash, a 39-year-old hijra who bodies and we know people hate us works at an NGO, shared experiences of for selling sex. social isolation at the workplace: Hijra who engage in sex work I was irritated by most of my often experience violence from their colleagues at my office. I had to eat clients and reported being beaten by local my lunch alone as they would not gangs. Hijra often do not report these sit me with me during lunch time. incidents to the police to avoid further Similarly, Shiuly a 40-year-old harassment or prosecution from the hijra from Chittagong who works as a authorities. Shonali, a 34-year-old hijra dancer and an activist, voiced struggles in from Dhaka, expressed resentment obtaining education and leading a towards having to engage in sex work: fulfilling life: Now I am thinking to leave the sex I envision a society where hijras will trade, like many of my friends have. not be separated from society. I am But I do not have any idea where I a hijra. I have been given special would work. How will I earn by . My identity should enough to live? My destiny is not be a problem to society. cursed. It is better for hijra to die! Hijra often become separated Choiti, a 43-year-old hijra, from their family from childhood, leading discussed the lack of accessibility of the to greater social and economic government’s workforce development . This forces them to be initiatives: dependent on their guru, the hijra Actually, we asked our guru [about community, or their partners/boyfriends these government programs], but for housing and income. Shonali, a 34- she did not tell us anything. I do year-old hijra reported living not have a clear idea of what the independently in their own house, but government is doing for us. was dependent on a partner for the rent. Key informants also expressed that Later she moved in with a community of hijra face several issues in being able to hijra as her parikh was no longer earn a livelihood. One informant reported supporting her: that knew a hijra who had worked in a I did not have a job beforehand. I garment factory. Once people became used to maintain my living by aware that this person was a hijra, the receiving money from my parikh. person faced personal threats and was He used to give me money. eventually forced to leave the job for their However, he does not send me safety. money now. Now I sing and dance. According to key informants, hijra make a weekly visitation schedule for Journal of Research on Women and Gender 13 shops and divide the covered area into positions in state-owned banks. Not segments. If people refuse to give them many hijra participated in the program as money, hijra may argue with them and an the salary for the position was very low. altercation may ensue. Most people end Additionally, the central government up paying hijra to keep them quiet and to bank, Bangladesh Bank, created an prohibit them from making a public initiative to provide microcredit loans to scene. Similar interactions take place at third gender people for small businesses. weddings and childbirths, where hijra As part of their recruitment into the bless the couple/child in exchange for Bangladesh Bank scheme, hijra were monetary donations. Wedding patrons asked to undergo a medical examination. may be compelled to pay off hijra in order For all applicants to this program, the to allow the wedding to proceed. medical examination made them Another key informant reported ineligible for the scheme as they were not that conflicts arise within the community considered to be “authentically” hijra. over the perceived authenticity of hijra. The basis for this determination was the Hijra who have had a penectomy or have fact that these people still had either a been castrated are sometimes considered penis or testicles, and were therefore to be more authentic than those who have classified as male. The Ministry of Social not had these surgeries. Some hijra report Welfare immediately dismissed the that they avoid these surgical procedures appointments of all these applicants, as they consider these acts to be going claiming that they were male-bodied against the wishes of God and therefore people who impersonated hijra (Hossain, are impermissible. 2017). This situation validates the notion Key informants reported that that gender continues to be constructed in initiatives have been taken in biological ways. Anatomy continues to be public/private spheres to offer hijra job prioritized as a category marker for hijra opportunities. NGOs hire hijra for over one’s self-proclaimed gender employment in their organizations, but identity. only if they have been formally educated. In 2015, the Ministry of Social Welfare Lack of Legal Recourse for recruited 14 hijra to work as office assistants and clerks. A private television Discrimination channel in Bangladesh also employed five Respondents voiced their lack of people from the third gender community legal recourse for discrimination. If they to work as security officers and office experienced discrimination based on their workers. While these opportunities are gender identity, there was no legal process scant, they offer some hope for both the to file a grievance or discrimination case. public and private spheres to open up According to Nilima: more work opportunities for this We are recognized, but there are no community. legal rights regarding our identity. One key informant, who is We are being discriminated in employed as a journalist, reported that the education, in the family, at work, Bangladesh Welfare Ministry and and in terms of our sexual rights. Bangladesh Bank recruited hijra for Many hijra reported that though the announcement of legal recognition Journal of Research on Women and Gender 14 was a positive advance for the hijra associated occupation with sex work, we community, it has not brought about any were only able to speak to a small number substantial changes: Pakhi, a 38-year-old of hijra. Therefore, generalizations hijra mentioned: regarding gender-nonconforming people I was so happy to hear about the in Dhaka, or even in Bangladesh at large, recognition! At least now we have cannot be made. an identity in this society. Another constraint to our study Nevertheless, the situation was the timing of the interviews. remained the same. Scheduling times for interviews was not Venkatesh, a 32-year-old hijra easy as respondents needed to obtain their who lives in a slum and earns a livelihood guru’s permission before speaking with through panhandling, said: the interviewer. Respondents preferred to Finally, the government recognizes talk inside a room versus in a public space. us. It is happy news for us, but still, we do not have a normal life. We However, during the summertime, some are not normal human beings… homes were darker inside as some Sometimes I hate myself when I respondents did not have working realize I am hijra. electricity for five to six hours. This led Expressing resentment regarding interviews to occur within a restricted these experiences of social exclusion. time period. Interviews were completed Kanta expressed: before sunset as evenings were prime Society recognizes who we are, but working hours for hijra. These constraints they treat us like strangers. They of time and space may have had some always try to avoid us in the market unintended consequences for the and public bus. We are ignored by openness with which respondents could our families, our society, and share their experiences. sometimes even our partners. Another major limitation is the Because people have no clear idea translation of interviews into English. about the hijra identity, people Some nuances of interviews may be “lost treat us with fear and confusion. in translation” as responses were Experiences of social exclusion, originally in Bengali and were isolation, and depression permeate the transcribed/translated directly into stories of these respondents. English by the lead researcher.

Limitations Discussion The main limitation of this study Our findings demonstrate that, is its small sample size. Given the fact that while there has been a change in this study examined the qualitative Bangladeshi social policy, people who experiences of a small group of hijra in identify as a third gender continue to two Bangladeshi cities, it may not possible experience difficulties in being able to be to generalize from this study to legally recognized as such. Additionally, experiences of gender-nonconforming the law has been ineffective in increasing people either within or outside of the access of hijra to employment or health study area. Because of the stigmatized services. As other researchers have nature of this gender identity and its Journal of Research on Women and Gender 15 demonstrated, the experiences of sexual accessing health services and from being and gender minority groups are severely allowed to freely make appointments with affected by social exclusionary processes doctors. Many respondents reported (Popay et al. 2008). The results of our avoiding public hospitals because they study demonstrate that access to work and had been previously humiliated in these health services are closely tied to settings. Only being able to access private experiences of social exclusion. Work health care services is not a sustainable augments human development by option for individuals with minimal providing earnings and income, reducing means to pay for such services. poverty and moderating growth (UNDP, 2015). Unemployment can therefore be Conclusion one of the most extreme forms of social Hijra continue to feel a sense of exclusion. shame in disclosing their sexual and Hijra continue to experience gender identities to mainstream discrimination in terms of obtaining physicians. Hijra receive suboptimal employment and accessing health care as medical care because they do not feel there are no legal protections against these comfortable with openly discussing those practices. Sexual and gender minorities in sexual or drug-using behaviors that may Bangladesh report being worried about increase their risk for STIs. Because of fear their safety in public, particularly because of judgment, hijra often fail to report anal of homophobic remarks made by local STIs to their physicians. Hijra may political leaders (Al-Jazeera, 2016; HRW, considered it embarrassing to disclose 2016). To ensure their safety, social these issues as their behaviors are activists working on issues said that considered immoral or socially taboo. they are forced to hide their identities and The infrastructure restrain from public acknowledgment of needs to ensure that hijra do not their advocacy work. Those who are experience discrimination in public public in their activism may be medical settings by providing susceptible to threats to their security, as sensitization training to medical evidenced by the recent murder of one of providers. Constant fears of Bangladesh’s most vocal queer rights discrimination impact the mental health activists (Al-Jazeera, 26 April 2016). This of hijra and reduce the efficient provision fear resonates in Kanta’s account of of STI prevention and care, as well as feeling targeted by feelings of hate: Killing a activist is a wrong overall primary medical care. Hijra also signal for the whole hijra need to be able to access a wider range of community as it means that we can health services, including mental health be targeted at any time. Who can services (Bondyopadhyay & Ahmed we ask for help? Society is against 2010). Awareness about sexual and us. gender minorities among medical The results of this study also professionals in government psychiatric demonstrate that hijra have limited access hospitals and other mental health settings to health care. As has been evidenced by also needs to improve. Despite the fact other researchers in Bangladesh (Khan et that psychiatric discourse has moved away al., 2009), hijra have been barred from from pathologizing gay identities, many Journal of Research on Women and Gender 16

Bangladeshi doctors continue to view In summary, this study explored homosexuality as psychotic and abnormal how hijra face several forms of (Coulshed and Orme 2006). discrimination in accessing work and In terms of work opportunities, health services. Though hijra are officially hijra are often morally blamed for recognized by the State, they continue to engaging in sex work, yet it is not be unable to obtain identification cards appreciated that few other employment that reflect this policy change. Access to opportunities exist for this community. health services remains challenging as the The notion of social inclusion in the community faces continued systemic workforce must go beyond simply discrimination in both public and private offering a handful of jobs in select work settings. Hijra also continue to largely settings to contributing to activities that exist outside of the formal labor sector as will improve the lives and job panhandling and sex work remain the opportunities of hijra in multiple spheres main forms of income for members of this of employment. Access to work includes community. Most hijra continue to live in the improvement of employability and unstable economic situations. Their abilities that will help an individual to participation in the mainstream labor connect with professional life (UNDP, force is an essential step in helping these 2015). According to key informants, communities to overcome poverty, although the government has initiated develop greater financial self-sufficiency, new programs to integrate hijra into job and achieve improved physical and programs, only a few have actually mental health. benefited from these programs. The Future research on the topic of government offers subsidies for job sexual and gender minorities in placement of hijra in particular industries Bangladesh, and throughout South Asia, or regions, but many hijra remain will benefit from evaluation of social unaware of these initiatives and many interventions that aim to reduce these companies fail to avail of these experiences of social exclusion in the opportunities to obtain subsidies. spheres of work and health. Larger scale Widespread media campaigns social interventions are necessary to test need to be initiated to ensure that more how medical and mental health providers members of the hijra community are in India can be better sensitized to more aware of these programs and that these aptly cater to the needs of the third gender programs actually provide a sustainable community, without inflicting shame or livelihood to their participants. For blame during the process of health service instance, a beauty parlor owned by a delivery. Vocational and employment member of the hijra community was interventions that seek to increase the recently opened in Dhaka with the options for employment for this financial assistance of police officials population are also acutely needed.n (Dhaka Tribune, 2018). Greater civil collaboration with government programs Address correspondence to: is one means of ensuring that hijra gain Abdul Aziz, Free University Brussels access to greater employment Email: [email protected] opportunities. Journal of Research on Women and Gender 17

References ploads/publication_files/CPR1_R eportFull.pdf Auerbach, C. E, &: Silverstein, L. B. Coulshed. V., and Orme. J. (2006). Social (2003). Qualitative data: An work practice: an introduction. 4th Introduction to coding and analysis. Ed. Basingstoke: Palgrave New York: New York University Macmillan. Press. Dhaka Tribune. (2018, March1). Zero Al-Jazeera. (2016, April 26). Two gay Discrimination Day: Would you rights activists hacked to death in visit a parlour run by hijras? Dhaka Bangladesh. Al-Jazeera. Retrieved Tribune. Retrieved from: from: http://www.dhakatribune.com/ba http://www.aljazeera.com/news/2 ngladesh/2018/03/01/zero- 016/04/people-hacked-death- discrimination-day-visit-parlour- bangladesh-capital- run-hijras/ 160425141155758.html Godwin, J. (2010). Legal Environments, Bondyopadhyay, A., & Ahmed, S. Human Rights and HIV (2010). Same-sex love in a difficult Responses among Men who have climate: a study into the life Sex with Men and Transgender situation of sexual minority: , People in Asia and the Pacific: An gay, bisexual, kothi and transgender Agenda for Action Retrieved from: persons in Bangladesh. Dhaka: http://www.hivpolicy.org/bib/HP Bandhu Social Welfare Society. P001804.htm Boyatzis, R. E. (1998). Transforming Global Human Rights Defence (GHRD) Qualitative Information: Thematic (2015). The Invisible Minority: analysis and code development. The situation of the LGBT Thousand Oaks, CA: Sage. community in Bangladesh. Boyce, P. (2007). ‘Conceiving kothis’: Retrieved from: Men who have sex with men in http://www.ghrd.org/fileadmin/u India and the cultural subject of ser_upload/LGBT_Report.pdf HIV prevention. Medical Global Information Society Watch , 26(2), 175-203. (GISW). (2015). The ‘third gender’ Cohen, L. (2005). The Kothi Wars: in Bangladesh. Retrieved from: AIDS Cosmopolitanism and the https://www.giswatch.org/sites/de Morality of Classification. In Sex fault/files/gw2015-bangladesh.pdf in Development: Science, Ghai, D. (2006). Decent Work: Objectives Sexuality and Morality in Global and Strategies. Geneva, ILO. Perspective, edited by Vincanne Kalra, G. & Shah, N. (2014). The Adams and Stacy Leigh Pigg, 269– Cultural, Psychiatric, and 303. Durham, NC: Duke Sexuality Aspects of Hijras in University Press. India, International Journal of Chronic Poverty Research Centre Transgenderism, 14:4, 171-181, (CPRC). (2005). The Chronic DOI: Poverty Report 2004–05. Retrieved 10.1080/15532739.2013.876378 from: http://www.chronicpoverty.org/u Journal of Research on Women and Gender 18

Haider, S.K., and Bano, M. (2006). Living on the Extreme Margin: “Fallacy about Male-to-Female Social Exclusion of the Gender Dysphorics in Pakistan.” Transgender Population (Hijra) in Pakistan Journal of Psychology Bangladesh. Journal of Health, 37(2):45-60. Population and Nutrition 27 (4): Hossain, A. (2017). “The paradox of 441–451. recognition: hijra, third gender Levitas, R., Pantazis, C., Fahmy, E., and sexual rights in Gordon, D., Lyod, E., & Patsios, Bangladesh.” Culture, Health & D. (2007). The Multi-Dimensional Sexuality, 1-14. Analysis of Social Exclusion. Bristol: Human Rights Watch (HRW). (2016). “I Bristol Institute for Public Affairs. Want to Live With My Head Held Nanda, S. (1999). Neither Men nor High” Women: The Hijras of India. in Bangladesh’s Legal Recognition London: Wadsworth. of Hijras. Dec. 23, 2016. New Age. (July 24, 2016). ‘Hijras’ third Retrieved Dec. 30, 2018 from: gender identity virtually remains https://www.hrw.org/report/2016 unrecognized. New Age. Retrieved /12/23/i-want-live-my-head-held- from: high/abuses-bangladeshs-legal- http://newagebd.net/242131/hijr recognition-hijras# as-third-gender-identity-virtually- International Labor Organization (ILO). remains-unrecognized/ (2013). Decent Work Indicators: Popay, J., Escorel, S., Hernandez, M., Guidelines for Producers and Johnston, H., Mathieson, J., & Users of Statistical and Legal Rispel, L. (2008). Understanding Framework Indicators. Geneva: and T Tackling Social Exclusion. ILO. Retrieved from: Retrieved from: http://www.who.int/social_deter http://www.ilo.org/wcmsp5/grou minants/knowledge_networks/fin ps/public/---dgreports/--- al_reports/sekn_final%20report_ integration/documents/publicatio 042008.pdf n/wcms_229374.pdf Reddy, G. (2005). Geographies of Kvale, S and Brinkmann, S. (2009). Contagion: Hijras, Kothis, and Interviews: learning the craft of the Politics of Sexual Marginality qualitative research interviewing. in . Anthropology and Los Angeles: Sage Publications. Medicine 12 (3): 255–270. Kabeer, N. (2006). Social exclusion and Rehan, N., I. Chaudhary and S.K. Shah the MDGs: the challenge of (2009) Socio-sexual Behaviour of ‘durable inequalities’ in the Asian Hijras of Lahore Journal of context. London: Institute of Pakistan Medical Association Development Studies. 59(6): 380-4. Retrieved from: Khan, S. I., S. , M. I. Hussain, S. www.jpma.org.pk/full_article_tex Parveen, M. I. Bhuiyan, G. t.php?article_id=1719> Gourab, G. F. Sarker, S. M. Arafat, and J. Sikder. (2009). Journal of Research on Women and Gender 19

Sen, A. (2000). Social exclusion: Concept, HIV, human rights and social exclusion. application and scrutiny. Oxford: Geneva: U.N. Retrieved from: Oxford University Press. http://www.archive.nyu.edu/jspui/bitstre Towle, E. B., and L. M. Morgan. (2002). am/2451/33612/2/hijras_transge Romancing the Transgender nder_in_india.pdf Native: Rethinking the Use of United Nations Development Projects Third Gender Concept. GLQ: A (UNDP Journal of Lesbian and Gay Studies, Bangladesh).(2015).Criminal 8(4): 469–497. Justice in Bangladesh. Geneva: United Nations (U.N.). (1948). The U.N. Retrieved from: Universal Declaration of Human http://www.bd.undp.org/content/ Rights. Geneva: U.N. Retrieved dam/bangladesh/docs/Projects/jsf from /Best%20Practice%20Handbook http://www.un.org/en/documents %20(Final%20Draft).pdf /udhr/ United Nations Development Projects United Nations Office of the High (UNDP). (2015). Human Commissioner for Human Rights Development Report, Work for (UN OHCHR). (2000). Protocol Human Development, Geneva: to Prevent, Suppress and Punish U.N. Retrieved from: Trafficking in Persons Especially http://hdr.undp.org/sites/default/files/20 Women and Children, 15_human_development_report. supplementing the United pdfhttp://hdr.undp.org/sites/defa Nations Convention against ult/files/2015_human_developme Transnational Organized . nt_report.pdf Geneva: U.N. Retrieved from: World Health Organization (WHO). https://www.ohchr.org/EN/Profe (2015). Ending violence and ssionalInterest/Pages/ProtocolTra discrimination against lesbian, ffickingInPersons.aspx gay, bisexual, transgender and United Nations Development Projects intersex people. Geneva: WHO. (UNDP). (2010) Retrieved from: Hijras/Transgender women in http://www.who.int/gender- India: equity-rights/news/un-statement- on-lgbti/en/index1.html