International Political Will

Last week’s ruling by a New Delhi court struck down a 150-year-old colonial law that made homosexual acts a crime in India.

It effectively means that gay Indian men no longer have to worry about criminal prosecution (social acceptance and equality is another story). But perhaps more importantly, it means a choice.

Previously, gay men in India had two alternatives:

1. Live in secret, hiding their relationships, partners, and lifestyle from society for fear of going to prison.
2. Live as a eunuch.

To be quite honest, I try to avoid the eunuchs on the trains for fear the rumors are true that they threaten to strip if you don’t give them money. As a white foreigner, I already stick out enough in India - I don’t need a eunuch performing a pole dance for me on a crowded train. But so far my only extended interaction simply showed me a sense of humor that was brash, if not intimidating.

Sitting in a taxi at a stop light in Mumbai, a eunuch came to the open window begging for spare change. My fellow passenger and I tried to ignore her, but she was persistent.

Finally, my female friend told her (in Hindi): “Sister, look at me. God gave me two hands, and I’m using them to work.”

To which the eunuch replied: “So ask God to give me work, too.”

Nice retort. We chuckled.

The eunuch wasn’t through having fun. She opened the taxi door and squeezed herself into the back seat with us, saying “Take me with you. I want some of this money that you make with your two hands.”

At that point, my friend and I were too uncomfortable to do anything but laugh nervously. I figured she was along for the ride. But the light turned green, and the taxi driver – totally indifferent to the entire episode – began to drive away. The eunuch jumped out before we drove off, probably content at having made a shocking impression.

Eunuchs are still quite common in India – even in big cities like Mumbai. Their long history, dating back to pre-modern times, gives them a unique position in society. Known in India as hijra, they carry connotations of fertility and luck, with the ability to bless or to curse (depending on your generosity). They cross religions, not fully Muslim nor fully Hindu, but often mixing aspects of both. They dress, live, and act like women, though without the “typical” lady-like manners. They are known for their potentially lewd behavior and penchant for embarrassing people with dirty jokes, language, and teasing. They tend to be loud, self-assertive, unpredictable, and bold.

Although the term “eunuch” has traditionally referred to a castrated man, or a hermaphrodite, it is assumed (and reported) that many “eunuchs” are simply gay men who have chosen the lifestyle out of social and legal necessity. Hijra translates roughly as “third gender.”

Children born hermaphrodites would typically be turned over at a young age to a group of eunuchs, and gay men would often choose (or be forced by their families) to live as a eunuch.

Eunuchs are ostracized in Indian society, but are not considered sexual criminals by the government. They have their own communities, usually living in a large house together with a matriarch. Each house will typically work a specific area. They are usually lacking formal education, which limits their income potential. They can earn a living showing up (uninvited) to bless Indian marriages and births with singing and dancing, extorting train passengers for a spare rupee, and sometimes resorting to begging and prostitution.

It’s not a life most people would choose, but it may be better than denying one’s identity and living in hiding, in secret, and in fear of being sent to jail. It allows gay men to live (semi-)openly, yet at the same time avoid criminal prosecution and social exclusion.

Until now.

After keeping a colonial-era law on the books more than 60 years after independence, a court in New Delhi last week ruled that criminalization of homosexual acts in India is unconstitutional.

Despite only applying to Delhi, the judgment is huge, as it’s expected the high courts will follow suit and apply the ruling across India. The victory brought out parades and celebrations in the streets of Delhi as the private lives of Indian citizens will now remain just that – private.

And perhaps a few eunuchs can now live life as they choose, on their own terms with their own identity, rather than in the role that an oppressive tradition has carved out for them.

Trackback URI | Comments RSS