Transgender Persons Expose Police Abuse: "Gender Is Not in Genitals"

Transgender persons, along with the broader LGBT community, celebrate Pride Month every June to honour their identity, history, and the progress made in the fight for equal rights. This month is significant as it not only celebrates diversity and inclusivity but also serves as a reminder of the ongoing struggle for equality and justice for the LGBTQIA+ community.

However, Pride Month should also be a time to highlight the institutional atrocities committed against the LGBT community. In India, the level of apathy and ignorance displayed by authorities towards the LGBTQIA+ community, particularly transgender persons, is alarmingly high. It is crucial to bring these stories to light and expose the systemic discrimination and abuse faced by this marginalised group.

In July and September of last year, the Railway Protection Force (RPF) in Assam arrested several transgender individuals. According to the RPF, these arrests were in response to complaints from railway passengers via the RailMadad service, claiming they were being harassed by transgender persons while travelling within the Northeast Frontier Railway zone. The RPF alleged that these individuals were forcibly collecting money from passengers. Consequently, the RPF took action, arresting three individuals on August 28, another three on August 29, and three more on September 11.

The RPF tweeted that the arrests were made because the individuals were “forcefully begging money from passengers in ladies' dress posed as transgender.” However, the story has a more sinister side. According to sources who spoke to The Probe, the RPF in Guwahati allegedly forced three trans women—Deepali, Sonia, and Muskan—to undress and show their genitals.

@YesWeExistIndia, an account on the X platform that raises awareness about the LGBTQIA+ community, first brought this incident to the attention of the railway police and the railway minister. They narrated the alleged incident, stating, “Our gender does not reside in our genitals.”

The allegations against the RPF are extremely serious. The Bongaigaon RPF has been accused of illegally and forcibly checking the genitals of the three trans women and declaring them “fake” because they had not undergone gender affirmation surgery.

"They Forcibly Demanded to See Our Genitals"

Immediately after this incident last year, The Probe spoke with Deepali, who recounted the harrowing experience she endured. "We were in the coach when the railway police arrived and began beating us with their sticks. They took us to the police station, where the beating continued. I sustained a head injury. They forcibly demanded to see our genitals, insisting we weren't trans persons. They wouldn't stop arguing, claiming we were not trans people," she said.

Deepali explained that this wasn't her first encounter with such brutality. "This happens frequently to trans persons. They just beat us up. I keep telling them I identify as a woman, so I won't go with a male police officer; I'll only go with a female officer. We beg on trains and in streets because we have no other means. We don't force people to give us money. If they do, it's fine; if they don't, that's also fine," she adds. 

We were informed that Deepali was arrested again this year and released after a few days. Attempts to contact Deepali for confirmation or denial of this information were unsuccessful.

"They Called us 'Duplicate People' and Ordered us to Remove Our Clothes"

Another shocking account from Sonia exposes the deep-seated bias and brutality faced by transgender individuals at the hands of law enforcement. Sonia states: “Muskan and I were on the train when the RPF personnel came and slapped Muskan before dragging us out. I asked why he slapped her, demanding a reason. He was very rude and nasty with us. Muskan started crying because she was slapped, and then he started assaulting her with a cane. We were then taken to the police station and beaten up again. I said if we indulged in any wrongdoing, fine us or book us, but don't use violence against us.”

What Sonia recounted next is even more shocking. "They kept asking us, 'Who are you? Who are you?' We said we are transgender people. Then the RPF demanded, 'Show us you are transgender people. Where is your ID card? Where is your certificate?' They called us 'duplicate people' and ordered us to remove our clothes. The police forcibly lifted our clothes and said, 'Your hole is too small.' They called us prostitutes and started abusing us very badly."

Sonia shared with The Probe that the traumatic event has left her so shaken that she no longer goes to the railway station. "I am terrified at the very sight of trains now," she said. Instead, she now begs in front of the Kamakhya temple in Guwahati, as she has no other means to survive. "You give me a job, and I will stop begging. But even here, the local police come with their sticks and chase us away from the temple as if we were animals," Sonia adds. 

"They Forcibly Lifted Our Clothes to Check Our Genitals"

The Probe also spoke to Muskaan, who confirmed the incident and described herself as a victim of police brutality. “Sonia and I were on the train when the RPF personnel slapped me in the face and dragged me in front of everyone. They took us to the police station and misbehaved with us. It was extremely humiliating. I even fell at the policemen’s feet, begging for mercy, but they didn’t relent,” she recounts.

Muskaan further revealed shocking details of the ordeal. “They said they would strip us to check who we are. They forcibly lifted our clothes to check our genitals. They called me a prostitute and mocked my private parts, saying they were too small. The humiliation I experienced is beyond words,” she stated. 

Muskaan asks why is she given a second class ctizen's treatment even when she is a citizen of the country and participates in the democratic process by voting in elections. "During elections, do they say you are a trans person so we don't want your vote? If we can vote as citizens, then why are we not treated like citizens? We are treated worse than animals," she laments.

"They Said They Will Implicate Me in Theft Cases"

Another transgender person, Janmoni, shares her experience of being threatened by the police on numerous occasions. "We beg because we have no other means to survive. The police have told me many times to go to weddings and beg instead. It seems they are under pressure from their seniors. They also threaten me, saying if I am seen at the railway station, they will arrest me and implicate me in theft cases," she reveals. 

Another trans person Durga, claims she is also a victim of police violence in Assam. "I was also arrested. The officers claimed we were collecting money on the train, but we were simply heading to Bongaigaon that day. We were arrested just for being on the train. The RPF forced us off the train and beat us up, even snatching away our mobile phones. They then said they would check whether we are 'hijras' or not, and a doctor was brought in for a medical examination."

Durga continues, "They kept beating us even after the medical check. They asked us to take our clothes off, mocked us, and hurled abuses. We beg for a living; we don’t steal. They put us in jail for no reason. I was in jail for a day, and then our gurus got us out. They didn't even return my mobile, my bangles, or my clothes."

Durga reveals that such incidents are alarmingly common. "This happens regularly. They take us whenever they want to. They fine us Rs 3000-4000, and sometimes they take pictures of us, even completely naked. That day, they ended up taking Rs 3000 from us."

"They are Fake Transgender People" - Police

When this incident first came to light, The Probe spoke to Digambar Deka, Sub Inspector of the Railway Protection Force (RPF) in Assam. Deka stated, “These people beg in trains. They misbehave with passengers. Begging is not legal.” When questioned about the allegations of strip searches and other abuses, he responded, “They are fake transgender people. We medically examined them and found out they are not transgender people.” Deka refuted the claims of violence and all other allegations, dismissing them as false.

When asked why the individuals were medically examined, Deka explained, “We took them to a railway doctor, and the doctor issued a certificate confirming their actual gender. They were fake transgenders.” However, when pressed on the legal basis for these examinations and the identification of their gender, Deka was evasive, saying, “I don’t know about all this; you can call my superiors.”

The conversation with the local police clearly reveals their lack of basic knowledge about the law and the appropriate ways to handle such sensitive cases. This ignorance not only perpetuates the mistreatment and marginalisation of transgender individuals but also reflects a deeper issue within the system—an urgent need for training and awareness to ensure that all officers understand and respect the rights of all citizens, regardless of their gender identity.

Several months have passed since the incident, yet no action or inquiry has been initiated by the railway police to investigate these alleged atrocities. The lack of accountability raises serious concerns about the ill-treatment of trans people under the guise of railway passenger safety. 

Forcible Genital Inspections Are Not New

In India, numerous cases of forcible genital inspections of the trans community by the police have been widely reported. Such actions are deeply wrong and illegal, as they violate the fundamental rights and dignity of trans persons. Forcible genital inspections constitute a gross invasion of privacy and bodily autonomy, subjecting trans people to humiliation and trauma. These actions are not only a violation of human rights but also go against the principles of equality and respect for all individuals, as enshrined in the Indian Constitution. 

It is common to see how police officials often mishandle cases involving transgender individuals due to their lack of understanding and sensitivity. A similar situation unfolded in Hyderabad, where 19 people were arrested under accusations of being 'fake transgender women' and charged with extortion for begging on the streets. During a press conference in August last year the DCP for Hyderabad North Zone stated that these individuals were apprehended for “pretending to be transgender persons and extorting money”. 

Identifying someone's gender based on their biological organs is fundamentally flawed and promotes harmful stereotypes. In this instance, the police's actions have not only spread misinformation but also reinforced damaging misconceptions about the transgender community. This approach dismisses the complexities of gender identity, reducing individuals to their physical traits and ignoring their self-identification and personal experiences. 

In the case of the Assam incident, Rituparna Neog, a fervent advocate for LGBTQIA+ rights and the Associate Vice Chairperson of Assam’s State Transgender Welfare Board, expresses her outrage. Neog states, “I had to go to the police and literally tell them that this was illegal. I told them as per railway law if begging is not allowed then as per law you can fine them but you can’t humiliate them like this. The RPF said that the doctors had examined them, but that was not the case. In fact, two RPF jawans tried to force them to show their genitals in the Guwahati incident. In the Bongaigaon incident, the doctor had examined them.”

“If begging was the offence, then why book the trans women for cheating, fraud, and impersonation? They are trying to establish that they are men and not trans women. And how? Only because they had not undergone gender affirmation surgery. Tell me, how many trans people actually get the surgery done? Some choose to get it done, and some cannot afford it. The surgery costs about 6 to 7 lakhs, and not many people can afford it. You can imagine the people who are so marginalised and who are begging on the railway platforms and trains—can they afford this kind of surgery?” says Jeet, a LGBT rights activist. 

Jeet adds: "If trans people are begging unlawfully in coaches, then appropriate action can be taken against them. We are not against enforcing the law in such cases. However, the question arises: if the offence is begging, why is there a need to scrutinise the gender of the person? Why resort to forcibly inspecting their genitals? Who gives the authorities the right to commit such invasive and dehumanising acts? These actions are not only unnecessary but also highlight the deep-seated prejudices and discriminatory attitudes towards the transgender community, which must be addressed and eradicated." 

Bittu KR, a genderqueer trans man and Associate Professor of Biology and Psychology at Ashoka University, highlights the flaws in the treatment of transgender individuals. Bittu asserts that these are all self-identified trans people, and taking them to a doctor to assign them a 'so-called' gender certificate is fundamentally wrong. "First of all, the anti-beggary laws are problematic because they criminalise people who have no other recourse. Begging is not just an occasional activity for many trans persons; it is their means of survival because they have no other opportunities in society," Bittu explains.

Bittu further elaborates, "The underlying logic behind this kind of treatment towards trans persons is fundamentally caste-based and transphobic. This is gender-based violence. They are repeatedly targeted for further dispossession." 

The Media's Misrepresentation and Its Harmful Impacts

The media’s portrayal of these incidents has been deeply problematic. This April, another case emerged where the RPF arrested transgender individuals. The media coverage of the event was troubling, with headlines in The Assam Tribune stating that the arrested individuals "posed as trans persons."

The report read: "In a targeted operation, Railway Protection Force (RPF) personnel apprehended two individuals posing as transgender persons, commonly known as 'Kinnars,' at Chaparmukh Railway Station on Wednesday."

This type of reporting is not only misleading but also perpetuates harmful stereotypes. Referring to transgender individuals as "posing" implies deceit and invalidates their gender identity. It suggests that their lived experiences and self-identification are not legitimate. Such language contributes to the stigmatisation and marginalisation of the trans community, reinforcing the very prejudices that lead to their mistreatment. 

The issue of insensitive and misleading reporting is not confined to a single media outlet; many media channels misreport these incidents without the necessary sensitivity. For example, India's Today’s coverage of last year's incident in Assam carried the headline: "Assam: Fake transgender impersonators apprehended in Bongaigaon."

This headline is deeply problematic for several reasons. It uses the term "fake transgender impersonators," which delegitimises the identities of the individuals involved and perpetuates the misconception that transgender people are pretending to be something they are not. Such language fuels prejudice and discrimination, reinforcing harmful stereotypes that transgender individuals are deceitful.

This pattern of misreporting suggests that not just the police, but also the media, require significant sensitisation in how they report on issues concerning the trans community. 

The Right to Self-Identify

A transgender person is someone whose gender identity differs from the sex they were assigned at birth. The right to self-identify is a fundamental human right, allowing individuals to define and express their own gender identity. This right is recognised by various international human rights frameworks and is crucial for the dignity and respect of transgender individuals.

In India, the Transgender Persons (Protection of Rights) Act, 2019, affirms the right of the community to self-identify their gender, whether as male, female, or transgender, without the need for medical or surgical intervention. This legal recognition is essential for protecting the rights and well-being of individuals, ensuring they can live authentically and free from discrimination and abuse.

However, in India, these rules often hold little value, as law enforcers frequently become law breakers themselves. Despite the legal protections and rights afforded to trans individuals, instances of abuse, discrimination, and unlawful treatment by the police and other authorities are rampant. The very people entrusted with upholding the law often perpetrate the worst violations, undermining the rights and dignity of transgender individuals. 

The Supreme Court of India's ruling and the law protecting trans persons, both affirm the right to self-identification. In its landmark 2014 judgment in the National Legal Services Authority (NALSA) vs. Union of India case, the Supreme Court recognised trans people as a 'third gender' and upheld their fundamental right to self-identify their gender. The Court ruled that no medical or surgical intervention is necessary for this identification, thereby affirming the dignity and autonomy of the individuals.

However, despite these legal protections, the ground reality is starkly different. These protections are often ignored, and violations go unpunished. The legal framework is meant to ensure the dignity, rights, and equal treatment of transgender people, but widespread ignorance and prejudice among authorities and the public at large lead to continuous violations. 

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