DISCUSSION ON LEGISLATIONS ON HIJRAS/TRANSGENDERS IN COLONIAL AND POST-COLONIAL INDIA

Abstract

The hijras/transgenders have existed in India since times immemorial as is attested by literature, sculpture and other sources of history. In pre-colonial Indian sub-continent fluidity of gender roles had been accepted and transgenders had specific roles and responsibilities in society and polity. After the establishment of British rule, the colonial rulers tried to govern the transgenders. Part II of Criminal Tribes Act passed by the colonial administrators in 1871 was an attempt in that direction. The aim of British was to finally extinguish the hijras/transgenders. They, however, were not successful in their effort. After independence the hijras/transgenders have struggled hard to achieve their individual and collective rights. Due to their activism India’s Supreme Court gave the NALSA judgement in 2014 and the Indian Parliament passed the Transgender Persons (Protection of Rights) Act 2019 which came into force from January 10, 2020. Various other measures were also adopted in recent past in accordance with the act to develop the condition of the hijras/transgenders. This research paper wishes to look into the sufferings and challenges of the hijras/transgenders during colonial and post-colonial times and scope for betterment of their condition in future.