Chandini, a 22 year old hijra (a transgender woman who underwent castration), was found dead on the night of December 1, 2002, in Bangalore, India. Her husband Gnanaprakash--known to have harassed, assaulted, and stolen from his wife, forcing Chandini to flee from him in the past--claimed she had deceived him by concealing her hijra identity at the time of their marriage. She set herself on fire, according to his account reported in sensationalized media stories, when he discovered her identity and threatened to reveal this to his parents. Activists from Sangama, an organization advocating for the rights of sexual minorities in Bangalore, are gravely concerned that police in Bangalore not only accept this account--despite significant physical evidence and testimony calling it thoroughly into question--but also demonstrate no intention seriously to examine the circumstances surrounding her death. IGLHRC joins Sangama in calling for urgent letters of protest calling for an immediate, full, and impartial investigation of Chandini's death.

IGLHRC supports Sangama in asking for urgent letters of concern demanding a full and impartial investigation of the death of Chandini to be sent to the following addresses:

Chief Minister of Karnataka

E-mail: cm@kar.nic.in or smk@bangaloreit.com

Chairperson, National Human Rights Commission

E-mail: chairnhrc@nic.in

Please send copies of correspondence to Sangama:

E-mail: sangama@sangamaonline.org

BACKGROUND INFORMATION FROM SANGAMA

Chandini alias Nazir, a 22 year old hijra (transgender woman) died in mysterious circumstances on the night of Sunday, December 1, 2002, in Bangalore, India.

On December 4th, all English and Kannada language newspaper accounts sensationalised the death of Chandini, reporting her death as a suicide. According to these accounts, she set herself on fire because her husband Gnanaprakash discovered her hijra identity and threatened to reveal this to his parents. They also reported that Chandini deceived Gnanaprakash by hiding her identity as a hirja at the time of marriage. It is not at all surprising that the police also accepted in totality this version of what had happened as supplied by her husband.

The following is a brief account of the events as verified by a fact-finding team comprising of representatives from the Peoples Union for Civil Liberties (PUCL), Karnataka; Alternative Law Forum (a group of lawyers); Sangama (a sexuality minorities' rights group); and Vividha (an autonomous group of sexuality minorities).

Chandini hails from Arsikere, Hasan and has been living in Bangalore for the past 5-6 years. Gnanaprakash initially met her in a hamam (bathhouses where hijras live). After a six-month relationship and much persuasion, Chandini agreed to marry him. They married 16 months ago. There is photographic and videographic evidence of the marriage, and of it having been attended by many friends of Chandini from the hijra community. A week after the marriage, Gnanaprakash accompanied Chandini when she decided to go for Nirvan (castration) in a hospital in Cuddapah, Andhra Pradesh. After the operation, Chandini and her newly wed husband lived at Chandini's Guru (hijra mother within the hijra community) Prema's house, for about a month. Later they rented a house in Amrutha Halli, on the outskirts of Bangalore, and lived together as husband and wife, for 5 months. He was often violent towards her, harassing and beating her, and took away all the money she earned through sex work. After six months of living together, unable to bear his constant demands for money and to escape his torture, she left for Pune.

Chandini returned to Bangalore on November 7, 2002 and began living with her Guru in Amrutha Halli. Gnanaprakash learnt of her return to Bangalore and came to her Guru's house. In the absence of her Guru, he forced her to leave with him. She had on her person 60 grams of gold jewellery and Rs. 50,000 in cash when she left. Gnanaprakash took her to a rented house in Ramaswami Palya (Banaswadi police Station Limit) in Bangalore. He deliberately isolated Chandini from her only support, the hijra community. She was found dead on the night of December 1, 2002.

Local police in Banaswadi Police Station initially refused to register the complaint of Prema (Chandini's Guru). They in fact said that they do not recognise the hijra community or its relationships. They said they would act only if Chandini's biological parents issued a complaint. They also claimed that they recovered only Rs.5000 in cash while investigating Chandini's death.

There are several issues that suggest foul play in Chandini's death. First, it is obvious from the foregoing that the statement of Chandini's husband that he was tricked into marriage by her is a lie. There is evidence of his having frequented hamams from earlier days, and the photographic evidence of the marriage clearly shows that he knew Chandini was a hijra at the time of marriage. Second, there are witnesses to the fact that Chandini was brutally treated by her husband, and ran away from him to Pune. Third, when Chandini left her Guru's house (under pressure) she had with her Rs.50000 and 60 grams of gold, while the police claimed to have recovered only Rs.5000.

Based on their response to Chandini's death and their well-documented track record of bias toward the hijra community, we do not have much faith in the local police of Banaswadi Police Station undertaking an impartial investigation. There is also the possibility of they being offered cash inducement in order not to undertake the
investigation seriously.

The fact finding committee has spoken to Chandini's parents, who dispute local police claims of the Rs. 5,000, found with Chandini, having been returned to them. They also mentioned that when they first saw the dead body of Chandini, she had gold ornaments on her which were missing later.

We are starting an e-mail campaign as one of the many ways in which to pressure the police to investigate this incident seriously, and to ensure that people responsible for Chandini's death do not go unpunished. Your support is urgently needed.

Please act immediately and widely distribute this mail.

Visit our website www.sangamaonline.org for information about hijras and other sexuality minorities.

In Solidarity,

Famila, Revathi, Roshan, Lokesh, Sharada, Kumar, Chandru, Sumathi, Lakshmi, Ajith, Manohar, Nithin
For Sangama

INTERNATIONAL LAW

Right to life (and to liberty and security of person) is protected by the Universal Declaration of Human Rights (UDHR) in its Article 3; by the International Covenant on Civil and Political Rights (ICCPR) in its Articles 6 and 9.

Right to equality before the law and to be free from discrimination are protected by the UDHR in its Articles 2 and 7, by the ICCPR in its Articles 2 and 26.

Right to equality before the courts and tribunals is protected by ICCPR in its Article 14.

Right to effective remedy is protected by the UDHR in its Article 8.

The United Nations Human Rights Committee affirmed in its decision in Toonen v Australia (1994) that existing protections against discrimination in Articles 2 and 26 of the ICCPR should be understood to include sexual orientation as a protected status. Numerous other human rights mechanisms of the United Nations have subsequently condemned discrimination based on sexual orientation. The UN Committee on Economic and Social Rights has made a similar observation, in its General Comment 14 on the right to health- to be applied to all economic, social and cultural rights.

India is a signatory to the ICCPR and is bound by its provisions . The UDHR is considered customary law for all Member States of the United Nations, including India.

ABOUT IGLHRC

The mission of the International Gay and Lesbian Human Rights Commission (IGLHRC) is to secure the full enjoyment of the human rights of all people and communities subject to discrimination or abuse on the basis of sexual orientation or expression, gender identity or expression, and/or HIV status. A US-based non-profit, non-governmental organization (NGO), IGLHRC effects this mission through advocacy, documentation, coalition building, public education, and technical assistance.

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Email: iglhrc@iglhrc.org
http://www.iglhrc.org

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