India's transgendered - the Hijras

With more than 4,000 years of recorded history Hijras have a supposedly sanctioned place in Indian l

Something old, something new, something borrowed, something … transgendered? If you are an Indian in need of some luck on your wedding day you could do no better than seek the blessing of one of the country’s estimated 200,000 male to female transsexuals or "hijras".

Hijras have a recorded history of more than 4,000 years. Ancient myths bestow them with special powers to bring luck and fertility. Yet despite this supposedly sanctioned place in Indian culture, hijras face severe harassment and discrimination from every direction. Deepa is a 72 year old hijra living in Mumbai: “Nobody says, “I’d love to be a hijra!” Not if they know what happens to us. But what else can we do? A hijra has a man’s body, but the soul is a woman.”

Something, however, is beginning to alter in the traditional Indian mindset as right now there seems to be both subtle and appreciable changes taking place in terms of how this group are being treated and recognised by mainstream society. Over the last few months India has seen its first transgender fashion model, a transgender television presenter and in the recent Bollywood epic Jodhaa Akbar a hijra, instead of hamming up the usual comic role, was portrayed as a trusted lieutenant of the female lead.

Yet these developments come after years of crushing social stigmatisation, abuse and general derision from the wider community. Pooja, 27, realises there is still a long way to go: “They make documentaries about us and say all these interesting things, but when we walk out on the street we still get the calling and the whistles.”

The uphill struggle for the hijras first begins with finding acceptance within the family. “My family didn’t know I was castrated,” tells Chandini, 28. “My hijra friends teased me because I still went home in men's clothes, so I decided to go home as I am. When I got there some people in the street spotted me and told my mother, “Here’s your son!” She saw me and fainted. My father came, he said, “I don’t have a son, go away!” I lifted my saree and showed him. I said, "I'm not your son, I’m your daughter now."”

Once the truth is out, hijras are usually forced to leave the family home. Yet the society they must take refuge in is equally as unwelcoming. Hijras have few rights and are not recognised by Indian law. This denies them the right to vote, the right to own property, the right to marry and the right to claim formal identity through any official documents such as a passport or driving licence. Accessing healthcare, employment or education becomes almost impossible. In the face of such odds they are forced to earn money any way they can. “In the day we go around the shops and beg," says Deepa. "They give us a rupee each and we go away. Sometimes we dance at weddings and festivals, we can get good money from this."

Since 2006, hijras in the state of Bihar have been employed by the government as tax collectors, singing loudly about the debt outside the defaulter's premises until they are shamed into paying up − one of the most effective tax recovery methods ever used in India. Yet for many hijras the method of making ends is prostitution. “At night I go with the men,” Pooja says. “I am looking good so I can get a room. Many who don’t look so good must use the vehicles or somewhere else outside. Yes, it can be bad at times but I'm happy with this work.”

As is the case for all gay, lesbian and bisexual people living in India, simply by being sexually active hijras are breaking the law. Section 377 of the Indian Penal Code (IPC) outlaws any “carnal intercourse against the order of nature” − in other words, any sex that is not between a man and a woman with the aim of reproduction. Brought in by the British in 1860 to try and curb the “heathen customs” of the local population, it carries with it a potential life sentence.

Whilst attitudes in the UK have matured considerably and such legislation has long since been removed from the British statute books, it still remains very much part of the Indian system. Although convictions are rare, it is in the name of such a law that the police are able to carry out their worst abuses against the hijra community. It seems that every hijra in India has her own story to tell of police brutality: "Once a policewoman attacked me," remembers Chandini. "She said, "Why are you standing here?" and continued hitting me so I grabbed her hand and she ran away. She came back with two policemen and they took me to the station. There they beat me, stripped me and made me dance."

As well as the police aggression, gangs of local thugs known as “goondas” frequently rob and sexually assault hijras on the street. These attacks are rarely prevented or reported by the locals. The local people I spoke with whilst reporting this story were all apprehensive, amused or downright hostile. “They are a nuisance!” says Akram, a jeweller from Mysore. “They come to your shop and when you don’t give them money they lift up their sarees.” Later he adds, “I’ve heard they even steal babies from hospitals.”

Until very recently these attitudes were mirrored and strengthened by the Indian media which itself seemed to suffer from a certain amount of gender vertigo. Hijras were routinely portrayed as wily tricksters who led unsuspecting men astray or half-man half-woman freak shows, almost devilish in their customs and practices. In 2003, an HIV/AIDS and human rights research centre in Lucknow was raided and the coordinator jailed under IPC 377 for "conspiracy to promote homosexual activities". An English language newspaper ran the headline: Gay Racket Busted- 2 NGOs Caught in the Act

But attitudes are gradually beginning to change.

Thanks to a large number of internationally funded support groups that are gaining considerable momentum in many big Indian cities, hijras, as well as other sexuality minority groups, are slowly starting to get a better deal. Rex Watts, coordinator of the Bangalore support group “Sangama,” let me know how this is being achieved: “We had to take direct action. For instance, every time a trashy story was published we would ring up the journalist and give them a hard time about it. It has taken time but now they usually go through us before they print something.”

Sangama was set up in 1999 and is funded by the Bill Gates Foundation and the Fund for Global Human Rights among others. As well as organising protests and rallies, groups like Sangama have been instrumental in establishing community networks with monthly meetings and safe spaces such as drop-in centres for all sexuality minority groups. Two thirds of their spending goes towards fighting against the spread of HIV infection through awareness programmes and condom distribution. According to Sangama, approximately 18-20 per cent of hijras are HIV positive. “Four years ago,” Rex says, “there were three to four AIDS deaths every month [in Bangalore], now there are three to four deaths every year.”

Just as successful has been the 24/7 crisis intervention. I met Mohammed, a lawyer involved with the project: “As soon as someone calls the crisis number nine people immediately rush to the spot. We aim to get all nine people there within 30 minutes.” In the areas where they have been implemented, the crisis intervention teams have reduced the cases of police violence against hijras to practically zero. “When we are called, to a police station for example, we are straight there, 'Why have you arrested this person? We’ve been told you beat her?' like this. They still hassle them and take money from them at cruise points, but the violence has stopped.”

Vivek Diwan from the Lawyers' Collective argues that attitudes are also changing higher up the legal ladder: "Off the record comments are often made by judges [regarding IPC 377] questioning how this kind of archaic thinking can continue, I overheard one saying only recently, "Get with the times man - there's even a pride parade now in Calcutta!""

Even the Indian government seems to be finally recognising that hijras exist. In March 2000 Shabnam Mausi, or “Aunt Shabnam” as she is affectionately known, became the first hijra to be elected into Indian parliament and since then many others have taken her lead by successfully entering the political arena.

In March this year hijras were factored into the government's policy making for the first time when they were named as a target group for a breakthrough de-addiction programme. In the same month the state of Tamil Nadu allowed hijras, if they wish, to be recognised as “T” rather than just “M” or “F” on ration cards with the same being planned soon for passports and driving licences.

Deepa, at 72, may be too old to really benefit from these new developments but she knows the baton will be carried forward for many generations to come: “If you need joy in your heart, we will come and dance for you.” Deepa lives with other hijras in a house and still dances at weddings and funerals. “We can’t just stop doing this. This is what we feel. And we can’t let it go. This is what we learnt from those before us. And this is what we will teach others. And we can’t let it go.”

Nick Harvey, 31, from Northampton is currently knee-deep into an overland round the world tour. India is his 17th country so far. He hopes to come full circle and re-enter his street from the opposite end when he finally returns home

Jeremy Corbyn. Photo: Getty
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Lexit: the EU is a neoliberal project, so let's do something different when we leave it

Brexit affords the British left a historic opportunity for a decisive break with EU market liberalism.

The Brexit vote to leave the European Union has many parents, but "Lexit" – the argument for exiting the EU from the left – remains an orphan. A third of Labour voters backed Leave, but they did so without any significant leadership from the Labour Party. Left-of-centre votes proved decisive in determining the outcome of a referendum that was otherwise framed, shaped, and presented almost exclusively by the right. A proper left discussion of the issues has been, if not entirely absent, then decidedly marginal – part of a more general malaise when it comes to developing left alternatives that has begun to be corrected only recently, under Jeremy Corbyn and John McDonnell.

Ceding Brexit to the right was very nearly the most serious strategic mistake by the British left since the ‘70s. Under successive leaders Labour became so incorporated into the ideology of Europeanism as to preclude any clear-eyed critical analysis of the actually existing EU as a regulatory and trade regime pursuing deep economic integration. The same political journey that carried Labour into its technocratic embrace of the EU also resulted in the abandonment of any form of distinctive economics separate from the orthodoxies of market liberalism.

It’s been astounding to witness so many left-wingers, in meltdown over Brexit, resort to parroting liberal economics. Thus we hear that factor mobility isn’t about labour arbitrage, that public services aren’t under pressure, that we must prioritise foreign direct investment and trade. It’s little wonder Labour became so detached from its base. Such claims do not match the lived experience of ordinary people in regions of the country devastated by deindustrialisation and disinvestment.

Nor should concerns about wage stagnation and bargaining power be met with finger-wagging accusations of racism, as if the manner in which capitalism pits workers against each other hasn’t long been understood. Instead, we should be offering real solutions – including a willingness to rethink capital mobility and trade. This places us in direct conflict with the constitutionalised neoliberalism of the EU.

Only the political savvy of the leadership has enabled Labour to recover from its disastrous positioning post-referendum. Incredibly, what seemed an unbeatable electoral bloc around Theresa May has been deftly prized apart in the course of an extraordinary General Election campaign. To consolidate the political project they have initiated, Corbyn and McDonnell must now follow through with a truly radical economic programme. The place to look for inspiration is precisely the range of instruments and policy options discouraged or outright forbidden by the EU.

A neoliberal project

The fact that right-wing arguments for Leave predominated during the referendum says far more about today’s left than it does about the European Union. There has been a great deal of myth-making concerning the latter –much of it funded, directly or indirectly, by the EU itself.

From its inception, the EU has been a top-down project driven by political and administrative elites, "a protected sphere", in the judgment of the late Peter Mair, "in which policy-making can evade the constraints imposed by representative democracy". To complain about the EU’s "democratic deficit" is to have misunderstood its purpose. The main thrust of European economic policy has been to extend and deepen the market through liberalisation, privatisation, and flexiblisation, subordinating employment and social protection to goals of low inflation, debt reduction, and increased competitiveness.

Prospects for Keynesian reflationary policies, or even for pan-European economic planning – never great – soon gave way to more Hayekian conceptions. Hayek’s original insight, in The Economic Conditions of Interstate Federalism, was that free movement of capital, goods, and labour – a "single market" – among a federation of nations would severely and necessarily restrict the economic policy space available to individual members. Pro-European socialists, whose aim had been to acquire new supranational options for the regulation of capital, found themselves surrendering the tools they already possessed at home. The national road to socialism, or even to social democracy, was closed.

The direction of travel has been singular and unrelenting. To take one example, workers’ rights – a supposed EU strength – are steadily being eroded, as can be seen in landmark judgments by the European Court of Justice (ECJ) in the Viking and Laval cases, among others. In both instances, workers attempting to strike in protest at plans to replace workers from one EU country with lower-wage workers from another, were told their right to strike could not infringe upon the "four freedoms" – free movement of capital, labour, goods, and services – established by the treaties.

More broadly, on trade, financial regulation, state aid, government purchasing, public service delivery, and more, any attempt to create a different kind of economy from inside the EU has largely been forestalled by competition policy or single market regulation.

A new political economy

Given that the UK will soon be escaping the EU, what opportunities might this afford? Three policy directions immediately stand out: public ownership, industrial strategy, and procurement. In each case, EU regulation previously stood in the way of promising left strategies. In each case, the political and economic returns from bold departures from neoliberal orthodoxy after Brexit could be substantial.

While not banned outright by EU law, public ownership is severely discouraged and disadvantaged by it. ECJ interpretation of Article 106 of the Treaty on the Functioning of the European Union (TFEU) has steadily eroded public ownership options. "The ECJ", argues law professor Danny Nicol, "appears to have constructed a one-way street in favour of private-sector provision: nationalised services are prima facie suspect and must be analysed for their necessity". Sure enough, the EU has been a significant driver of privatisation, functioning like a ratchet. It’s much easier for a member state to pursue the liberalisation of sectors than to secure their (re)nationalisation. Article 59 (TFEU) specifically allows the European Council and Parliament to liberalise services. Since the ‘80s, there have been single market programmes in energy, transport, postal services, telecommunications, education, and health.

Britain has long been an extreme outlier on privatisation, responsible for 40 per cent of the total assets privatised across the OECD between 1980 and 1996. Today, however, increasing inequality, poverty, environmental degradation and the general sense of an impoverished public sphere are leading to growing calls for renewed public ownership (albeit in new, more democratic forms). Soon to be free of EU constraints, it’s time to explore an expanded and fundamentally reimagined UK public sector.

Next, Britain’s industrial production has been virtually flat since the late 1990s, with a yawning trade deficit in industrial goods. Any serious industrial strategy to address the structural weaknesses of UK manufacturing will rely on "state aid" – the nurturing of a next generation of companies through grants, interest and tax relief, guarantees, government holdings, and the provision of goods and services on a preferential basis.

Article 107 TFEU allows for state aid only if it is compatible with the internal market and does not distort competition, laying out the specific circumstances in which it could be lawful. Whether or not state aid meets these criteria is at the sole discretion of the Commission – and courts in member states are obligated to enforce the commission’s decisions. The Commission has adopted an approach that considers, among other things, the existence of market failure, the effectiveness of other options, and the impact on the market and competition, thereby allowing state aid only in exceptional circumstances.

For many parts of the UK, the challenges of industrial decline remain starkly present – entire communities are thrown on the scrap heap, with all the associated capital and carbon costs and wasted lives. It’s high time the left returned to the possibilities inherent in a proactive industrial strategy. A true community-sustaining industrial strategy would consist of the deliberate direction of capital to sectors, localities, and regions, so as to balance out market trends and prevent communities from falling into decay, while also ensuring the investment in research and development necessary to maintain a highly productive economy. Policy, in this vision, would function to re-deploy infrastructure, production facilities, and workers left unemployed because of a shutdown or increased automation.

In some cases, this might mean assistance to workers or localities to buy up facilities and keep them running under worker or community ownership. In other cases it might involve re-training workers for new skills and re-fitting facilities. A regional approach might help launch new enterprises that would eventually be spun off as worker or local community-owned firms, supporting the development of strong and vibrant network economies, perhaps on the basis of a Green New Deal. All of this will be possible post-Brexit, under a Corbyn government.

Lastly, there is procurement. Under EU law, explicitly linking public procurement to local entities or social needs is difficult. The ECJ has ruled that, even if there is no specific legislation, procurement activity must "comply with the fundamental rules of the Treaty, in particular the principle of non-discrimination on grounds of nationality". This means that all procurement contracts must be open to all bidders across the EU, and public authorities must advertise contracts widely in other EU countries. In 2004, the European Parliament and Council issued two directives establishing the criteria governing such contracts: "lowest price only" and "most economically advantageous tender".

Unleashed from EU constraints, there are major opportunities for targeting large-scale public procurement to rebuild and transform communities, cities, and regions. The vision behind the celebrated Preston Model of community wealth building – inspired by the work of our own organisation, The Democracy Collaborative, in Cleveland, Ohio – leverages public procurement and the stabilising power of place-based anchor institutions (governments, hospitals, universities) to support rooted, participatory, democratic local economies built around multipliers. In this way, public funds can be made to do "double duty"; anchoring jobs and building community wealth, reversing long-term economic decline. This suggests the viability of a very different economic approach and potential for a winning political coalition, building support for a new socialist economics from the ground up.

With the prospect of a Corbyn government now tantalisingly close, it’s imperative that Labour reconciles its policy objectives in the Brexit negotiations with its plans for a radical economic transformation and redistribution of power and wealth. Only by pursuing strategies capable of re-establishing broad control over the national economy can Labour hope to manage the coming period of pain and dislocation following Brexit. Based on new institutions and approaches and the centrality of ownership and control, democracy, and participation, we should be busy assembling the tools and strategies that will allow departure from the EU to open up new political-economic horizons in Britain and bring about the profound transformation the country so desperately wants and needs.

Joe Guinan is executive director of the Next System Project at The Democracy Collaborative. Thomas M. Hanna is research director at The Democracy Collaborative.

This is an extract from a longer essay which appears in the inaugural edition of the IPPR Progressive Review.

 

 

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