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

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Are smart toys spying on children?

If you thought stepping on a Lego was bad, consider the new ways in which toys can hurt and harm families.

In January 1999, the president of Tiger Electronics, Roger Shiffman, was forced to issue a statement clearing the name of the company’s hottest new toy. “Furby is not a spy,” he announced to the waiting world.

Shiffman was speaking out after America’s National Security Agency (NSA) banned the toy from its premises. The ban was its response to a playground rumour that Furbies could be taught to speak, and therefore could record and repeat human speech. “The NSA did not do their homework,” said Shiffman at the time.

But if America’s security agencies are still in the habit of banning toys that can record, spy, and store private information, then the list of contraband items must be getting exceptionally long. Nearly 18 years after TE were forced to deny Furby’s secret agent credentials, EU and US consumer watchdogs are filing complaints about a number of WiFi and Bluetooth connected interactive toys, also known as smart toys, which have hit the shelves. Equipped with microphones and an internet connection, many have the power to invade both children’s and adults’ private lives.

***

“We wanted a smart toy that could learn and grow with a child,” says JP Benini, the co-founder of the CogniToys “Dino”, an interactive WiFi-enabled plastic dinosaur that can hold conversations with children and answer their questions. Benini and his team won the 2014 Watson Mobile Developer Challenge, allowing them to use the question-answering software IBM Watson to develop the Dino. As such, unlike the “interactive” toys of the Nineties and Noughties, Dino doesn’t simply reiterate a host of pre-recorded stock phrases, but has real, organic conversations. “We grew it from something that was like a Siri for kids to something that was more conversational in nature.”

In order for this to work, Dino has a speaker in one nostril and a microphone in the other, and once a child presses the button on his belly, everything they say is processed by the internet-connected toy. The audio files are turned into statistical data and transcripts, which are then anonymised and encrypted. Most of this data is, in Benini’s words, “tossed out”, but his company, Elemental Path, which owns CogniToys, do store statistical data about a child, which they call “Play Data”. “We keep pieces from the interaction, not the full interaction itself,” he tells me.

“Play Data” are things like a child’s favourite colour or sport, which are used to make a profile of the child. This data is then available for the company to view, use, and pass on to third parties, and for parents to see on a “Parental Panel”. For example, if a child tells Dino their favourite colour is “red”, their mother or father will be able to see this on their app, and Elemental Path will be able to use this information to, Benini says, “make a better toy”.

Currently, the company has no plans to use the data with any external marketers, though it is becoming more and more common for smart toys to store and sell data about how they are played with. “This isn’t meant to be just another monitoring device that's using the information that it gathers to sell it back to its user,” says Benini.

Sometimes, however, Elemental Path does save, store, and use the raw audio files of what a child has said to the toy. “If the Dino is asked a question that it doesn’t know, we take that question and separate it from the actual child that’s asking it and it goes into this giant bucket of unresolved questions and we can analyse that over time,” says Benini. It is worth noting, however, that Amazon reviews of the toy claim it is frequently unable to answer questions, meaning there is potentially an abundance of audio saved, rather than it being an occasional occurrence.

CogniToys have a relatively transparent Privacy Policy on their website, and it is clear that Benini has considered privacy at length. He admits that the company has been back and forth about how much data to store, originally offering parents the opportunity to see full transcripts of what their child had been saying, until many fed back that they found this “creepy”. Dino is not the first smart toy to be criticised in this way.

Hello Barbie is the world’s first interactive Barbie doll, and when it was released by Mattel in 2015, it was met with scorn by parents’ rights groups and privacy campaigners. Like Dino, the doll holds conversations with children and stores data about them which it passes back to the parents, and articles expressing concerns about the toy featured on CNN, the Guardian, and the New York Times. Despite Dino’s similarities, however, Benini’s toy received almost no negative attention, while Hello Barbie won the Campaign for a Commercial-Free Childhood’s prize for worst toy of the year 2015.

“We were lucky with that one,” he says, “Like the whole story of the early bird gets the worm but the second worm doesn’t get eaten. Coming second on all of this allowed us to be prepared to address the privacy concerns in greater depth.”

Nonetheless, Dino is in many ways essentially the same as Hello Barbie. Both toys allow companies and parents to spy on children’s private playtimes, and while the former might seem more troubling, the latter is not without its problems. A feature on the Parental Panel of the Dino also allows parents to see the exact wording of questions children have asked about certain difficult topics, such as sex or bullying. In many ways, this is the modern equivalent of a parent reading their child's diary. 

“Giving parents the opportunity to side-step their basic responsibility of talking to, engaging with, encouraging and reassuring their child is a terrifying glimpse into a society where plastic dinosaurs rule and humans are little more than machines providing the babies for the reptile robots to nurture,” says Renate Samson, the chief executive of privacy campaign group Big Brother Watch. “We are used to technology providing convenience in our lives to the detriment of our privacy, but allowing your child to be taught, consoled and even told to meditate by a WiFi connected talking dinosaur really is a step in the wrong direction.”

***

Toy companies and parents are one thing, however, and to many it might seem trivial for a child’s privacy to be comprised in this way. Yet many smart toys are also vulnerable to hackers, meaning security and privacy are under threat in a much more direct way. Ken Munro, of Pen Test Partners, is an ethical hacker who exposed security flaws in the interactive smart toy “My Friend Cayla” by making her say, among other things, “Calm down or I will kick the shit out of you.”

“We just thought ‘Wow’, the opportunity to get a talking doll to swear was too good,” he says. “It was the kid in me. But there were deeper concerns.”

Munro explains that any device could connect to the doll over Bluetooth, provided it was in range, as the set-up didn’t require a pin or password. He also found issues with the encryption processes used by the company. “You can say anything to a child through the doll because there's no security,” he says. “That means you've got a device that can potentially be used to groom a child and that's really creepy.”

Pen Test Partners tells companies about the flaws they find with their products in a process they call “responsible disclosure”. Most of the time, companies are grateful for the information, and work through ways to fix the problem. Munro feels that Vivid Toy Group, the company behind Cayla, did a “poor job” at fixing the issue. “All they did was put one more step in the process of getting it to swear for us.”

It is one thing for a hacker to speak to a child through a toy and another for them to hear them. Early this year, a hack on baby monitors ignited such concerns. But any toy with speech recognition that is connected to the internet is also vulnerable to being hacked. The data that is stored about how children play with smart toys is also under threat, as Fisher Price found out this year when a security company managed to obtain the names, ages, birthdays, and genders of children who had played with its smart toys. In 2015, VTech also admitted that five million of its customers had their data breached in a hack.

“The idea that your child shares their playtime with a device which could potentially be hacked, leaving your child’s inane or maybe intimate and revealing questions exposed is profoundly worrying,” says Samson. Today, the US Electronic Privacy Information Center (EPIC) said in a statement that smart toys “pose an imminent and immediate threat to the safety and security of children in the United States”. 

Munro says big brands are usually great at tackling these issues, but warns about smaller, cheaper brands who have less to lose than companies like Disney or Fisher Price. “I’m not saying they get it right but if someone does find a problem they’ve got a huge incentive to get it right subsequently,” he says of larger companies. Thankfully, Munro says that he found Dino to be secure. “I would be happy for my kids to play with it,” he says. “We did find a couple of bugs but we had a chat with them and they’re a good bunch. They aren’t perfect but I think they’ve done a hell of a lot of a better job than some other smart toy vendors.”

Benini appears alert to security and the credibility it gives his company. “We took the security very, very seriously,” he says. “We were still building our systems whilst these horror stories were coming about so I already set pipelines and parameters in place. With a lot of devices out there it seems that security takes a backseat to the idea, which is really unfortunate when you’re inviting these devices into your home.”

As well as being wary of smaller brands, Munro advises that parents should look out for Bluetooth toys without a secure pairing process (ie. any device can pair with the toy if near enough), and to think twice about which toys you connect to your WiFi. He also advises to use unique passwords for toys and their corresponding apps.

“You might think ‘It's just a toy, so I can use the same password I put in everything else’ – dog’s name, football club, whatever – but actually if that ever got hacked you’d end up getting all your accounts that use that same password hacked,” he says.

Despite his security advice, Munro describes himself as “on the fence” about internet-connected smart toys as a whole. “Most internet of things devices can be hacked in one way or another,” he says. “I would urge caution.”

***

Is all of this legal? Companies might not be doing enough ethically to protect the privacy of children, but are they acting responsibly within the confines of the law?

Benini explains that Dino complies with the United States Children's Online Privacy Protection Act (COPPA) of which there is no real equivalent in the UK. COPPA says that companies must have parental permission to collect personal information over the internet about children under 13 years of age. “We’ve tried to go above and beyond the original layout of COPPA,” says Benini, when describing CogniToys transparent privacy documents. Parents give their consent for Elemental Path to collect their children’s data when they download the app that pairs with the toy.

Dino bears a striking similarity to Amazon Echo and Google Home, smart speakers that listen out for commands and questions in your home. Everything that is said to Amazon Echo is recorded and sent to the cloud, and an investigation by the Guardian earlier this year discovered that this does not comply with COPPA. We are therefore now in a strange position whereby many internet of things home devices are legally considered a threat to a child’s privacy, whereas toys with the same capabilities are not. This is an issue because many parents may not actually be aware that they are handing over their children’s data when installing a new toy.

As of today, EU consumer rights groups are also launching complaints against certain smart toys, claiming they breach the EU Unfair Contract Terms Directive and the EU Data Protection Directive, as well as potentially the Toy Safety Directive. Though smart toys may be better regulated in Europe, there are no signs that the problem is being tackled in the UK. 

At a time when the UK government are implementing unprecedented measures to survey its citizens on the internet and Jeremy Hunt wants companies to scour teens’ phones for sexts, it seems unlikely that any legislation will be enacted that protects children’s privacy from being violated by toy companies. Indeed, many internet of things companies – including Elemental Path – admit they will hand over your data to government and law enforcement officials when asked.

***

As smart toys develop, the threat they pose to children only becomes greater. The inclusion of sensors and cameras means even more data can be collected about children, and their privacy can and will be compromised in worrying ways.

Companies, hackers, and even parents are denying children their individual right to privacy and private play. “Children need to feel that they can play in their own place,” says Samson. It is worrying to set a precedent where children get used to surveillance early on. All of this is to say nothing of the educational problems of owning a toy that will tell you (rather than teach you) how to spell “space” and figure out “5+8”.

In a 1999 episode of The Simpsons, “Grift of the Magi”, a toy company takes over Springfield Elementary and spies on children in order to create the perfect toy, Funzo. It is designed to destroy all other toys, just in time for Christmas. Many at the time criticised the plot for being absurd. Like the show's prediction of President Trump, however, it seems that we are living in a world where satire slowly becomes reality.

Amelia Tait is a technology and digital culture writer at the New Statesman.