Unveiling discrimination

Abstract

This article examines the historical and legal marginalization of the hijra, a third-gender community in South Asia, with a particular focus on the Indian subcontinent. Utilizing a postcolonial theoretical framework, the article analyzes contemporary lawfare dynamics between hijra and transgender activists in India and Pakistan. The study integrates gender and class analysis to explore key legal developments, drawing on examples from both colonial and contemporary legislation in India and Pakistan. The article argues that despite increased legal recognition of transgender rights, hijra remain marginalized as transgender activists seek acceptance as members of the middle class, often at the expense of hijra communities. By exploring legislative interventions and the narratives around activist endeavors, lawfare is analyzed at two levels, legislative and social, demonstrating how transgender activism can perpetuate discrimination against hijras in both Pakistan and India. The analyses underscore the complexity of alliances within genderqueer groups in postcolonial South Asian societies, challenging the assumption that these groups are natural allies. Ultimately, the article reveals the complex intersection of gender, class, and legal strategies, critiquing the role of lawfare in perpetuating social divisions and calling for more inclusive approaches to gender rights.