#ive never seen third gender people wear a ghoonghat cause it do b an artefact of usually conservative families

[teaah-art]

Desi LGBT Fest 2023 (hosted by @desi-lgbt-fest)

Day 2 : Legacy

Ghoonghat : A Portrait of The South Asian Third Gender

CW : Colonialism, Transphobia, Homophobia, Casteism

TW : Transphobia, Homophobia, Slur usage

South Asian history has ALWAYS been queer. We have ALWAYS had gender nonconformity as an integral part of our society. Yet, the modern Indian "conservative" view somehow points fingers to alleged western influence or modernization when it comes to queer visibility, fabricating a fundamental disconnect between South Asian culture and queer identities that was never supposed to be there. Why? What may have caused this mental divide? The answer might lie in systemic barriers built during the British Raj and the lasting consequences of that.

Third Gender identities such as the Kothi, Hijra, Khwaja Sira, Aravanis, and more are queer identities native to South Asia. No existing lgbtq label in usage in the Anglosphere describes them accurately and while 'Transgender' does serve as a viable umbrella term, it doesn't quite catch all the nuances. The term 'Third Gender' as a phrase does come close to distinguishing the identity as its own unique label, despite the term 'Third Gender' once again, being a western terminology tracing back to the 1860s which was once again proposed in a non-South Asian context and would still only serve as a broad umbrella term. Having said that, I will still continue to use 'Third Gender' to refer to these communities here because most of the names have been and do get frequently used as a slur. While much gets discussed in the anglosphere about slur reclamation in lgbtq+ spaces, South Asian queer dialogues aren't that well organized and not being a Third Gender person myself, I am hesitant and unsure of the appropriate use for community specific terms, which again vary from region to region.

History of South Asian Third Gender communities traces back to AT LEAST medieval era, if not farther back. While roots are hard to trace back and South Asian queer history may not be as linear and resolved as one may want to think, stigmatization of Third Gender communities along with other queer labels can certainly be traced back to colonial times. Section 377 of the British Colonial Penal Code, enforced in 1862 criminalized any sexual acts that were deemed 'against the order of nature' and was meant to systemically target homosexuality, sodomy, and any sexual nonconformity in the British colonies of the time. The Criminal Tribes Act of 19th and 20th century British regime in South Asia, that set out to profile hundreds of castes, tribes, and communities as 'hereditary criminals' (237 communities as of 1931), also included Third Gender communities and likely reinforced the queerphobia in society that Section 377 may have already established.

At the time of independence, when the Criminal Tribes Act was scrapped from the Indian constitution, but Section 377 remained. This means, as of 1950, you could legally present as a Third Gender individual, you could be in Third Gender communes in public and would no longer be arrested for it! But if you came out of the closet for say, being gay, or bi, you could still end up in jail. Not to mention that about 200 years of queerphobia, systemic queerphobia, does not change in a day despite legal reforms. So in 1950, when we were in a position where being gnc had legal immunity but being non-heteronormative didn't, Third Gender folks were put in a unique position where they could push for change. And push, they certainly did! I should note here that my discussion here of any legal reforms past 1950 would be limited to India since I am an Indian citizen and know Indian systems the best.

In 1994, India recognized Third Gender communities as a legal sex separate from the gender binary. This came with voting rights, right to contest in elections as a Third Gender person, right to legally LIVE as a third gender person, and more. On the state level, Third Gender activism ensured affirmative action for trans people not only for government jobs but also corporate jobs. Pension plans, welfare coverage, medical insurance, and even systemic changes towards establishing legal measures against gender discrimination. Despite the social stigma, despite their community names being used as literal slurs, Third Gender people have been at the forefront of every single South Asian queer activism and they have been WINNING!

I wish they got the recognition they rightfully deserve outside of South Asia as well. Current global queer activism is at a crossroads where trans exclusion has taken roots even in parts of the community. A lot of the exclusionary activism stems from the regimes and mentality that have a history in South Asia of erasing and colonising queer history. Is it so surprising then, that these regimes elevated bigots to power who further the same narrative they've been peddling since as far back as the 19th century? Shouldn't, then, Third Gender voices and activism inspire persevering and continuing to persevere against those very same barriers?

Third Gender erasure, reclamation, and activism is South Asian legacy, a story of resisting colonial structures, status quo, and systemic oppression. It is high time it gained visibility in international queer spaces.

Some articles to read under the cut (likely far more credible than my rant). Heavy TW for Transphobia and Homophobia for nearly all of the articles.

Shabnam Mausi - India's first trans Member of the Legislative Assembly (MLA)

The whole debacle with the 2019 Trans Rights Bill

The Hijra community and their plight during the pandemic

A Tamil Third Gender perspective on community labels

The Khwaja Siras of Pakistan and their legislative battles

A Bangladeshi ally's conundrum on what term to use for Third Gender communities