Insight, Policy Matters, Jul '15
By Pawan Dhall
This policy brief was primarily based on an operations research study commissioned by India HIV/AIDS Alliance in 2014 under its Pehchan programme (see inset), with technical support from the International Center for Research on Women. The operations research was lead by gender and sexuality activists and researchers Pawan Dhall and Madhuja Nandi on behalf of India HIV/AIDS Alliance. They were supported by local research assistants based at the six study sites across India and staff from India HIV/AIDS Alliance and their Pehchan partner agencies. Key extracts from the policy brief follow.
The
full policy brief (with more data and photographs) can be accessed here.
By Pawan Dhall
Intimate partner violence or family violence, not quite
alien facts of life, with news headlines and television serials full of one or
the other! Victims of intimate partner violence are often women, sometimes men;
while family violence seems to affect inter-racial, inter-caste or
inter-religious couples at an alarming frequency. But this is only part of the
reality around intimate partner and family violence.
What if the violence is between two males in an intimate
relationship, or between a Hijra and her male lover? What if the family
violence is directed at a son who would rather be a daughter? Or how do you
help trans women who face relentless physical and emotional abuse at home
because of their gender non-conformity, and then face it also from male
intimate partners to whom they turn to for solace and love? Equally
importantly, why does such violence happen, what is its impact and how can it
be reduced, if not eliminated?
Any time is a good time to start talking about violence hitherto
unheard of, ignored or hushed up, especially if it has the potential to impact
the health and future of entire communities, and by extension society at large.
Moreover, no violence can be brushed under the carpet by society just because
it relates to marginalized sections. All violence has roots in how larger
society is structured and the responsibility to talk about it and deal with it
is a shared one.
Earlier this year, India HIV/AIDS Alliance, New Delhi, a non-government organization (NGO) working on
HIV and other public health concerns, broke the silence so to
speak, and published a document titled Pehchan Policy Brief: Violence in Intimate and Family Relationships among Men who have Sex with Men, Transgender Women and Hijras and its Impact on HIV Vulnerability in India – the title a tad
misleading, since the impact of violence is not just on HIV vulnerability but
also the overall well-being of the victims, and though this document was
targeted primarily at India’s national HIV programme, its findings and
recommendations are applicable also to other health and development programmes
for the communities concerned.
This policy brief was primarily based on an operations research study commissioned by India HIV/AIDS Alliance in 2014 under its Pehchan programme (see inset), with technical support from the International Center for Research on Women. The operations research was lead by gender and sexuality activists and researchers Pawan Dhall and Madhuja Nandi on behalf of India HIV/AIDS Alliance. They were supported by local research assistants based at the six study sites across India and staff from India HIV/AIDS Alliance and their Pehchan partner agencies. Key extracts from the policy brief follow.
Background: Violence against men who have sex with men (MSM),
transgender and Hijra individuals as a rights concern and as a driver of the
HIV epidemic is an understudied topic in India. The Pehchan programme, a Global Fund supported HIV programme that strengthens MSM, transgender and Hijra community
systems, is one of the first initiatives in the country to take up violence and
trauma faced by these populations in a large scale intervention. The service
provision, advocacy and research experience of Pehchan across 18 states and 200
community based organisations (CBOs) clearly shows that sexual orientation,
gender identity and sexual behavior-based social and legal stigma induces
strong discrimination and severe forms of violence against all sections of MSM,
transgender and Hijra communities.
With regard to perpetrators of violence, intimate partners
(including commercial sexual partners) and family members (including relatives)
figure prominently in the Pehchan baseline and midline studies as perpetrators
of physical and sexual violence. Hijra gurus (heads of Hijra families) are also
key perpetrators of physical violence. The other perpetrators include goons / rowdies,
friends, neighbours and the police as well.
Notably, with support from Pehchan, MSM, transgender and Hijra
CBOs and HIV interventions led by them have undertaken advocacy with the police
and health care providers to create an improved enabling environment. However,
intimate partners and families (both traditional and non-normative) have not
received the same attention. Global evidence indicates that such violence often
is co-prevalent with traumatic life events, internalized stigma, depression, and
increased risk behaviours for sexually transmitted infections (STIs) and HIV
acquisition among MSM and transgender populations. There has been a significant
gap in our understanding in India of the violence committed by intimate
partners and family members – violence from close and trusted sources that has
far reaching impact on the mental and physical health of its victims.
Forms of intimate partner violence: The obvious
manifestations of intimate partner violence are mostly physical (beatings,
kicking and slapping), but emotional violence ranges from verbal abuse,
derogatory comments, and taunts about lack of reproductive ability to mocking
of same-sex or mixed gender-identity relationships. What worsens emotional
violence is complete disregard for the sexual needs of transgender and Hijra
individuals and their commitment to a relationship. Intimate partner violence
can also be sexual – in [the form of] forced and unprotected sex, often a
result of blackmail and sometimes in the form of violent group sex. Sexual violence
may occur even in childhood, with the trauma lasting into adulthood. Intimate
partner violence is closely tied to financial exploitation where the feminine
partner is compelled to rely on unprotected commercial sex in order to maintain
her partner and the relationship.
Forms of family violence: The perpetrators of family
violence include not just parents, but also siblings and other relatives in the
extended family. Beatings, heckling, verbal abuse, communication breakdown,
forced confinement, denial of food, isolation from family functions, compulsory
marriage, eviction from home and property denial are accompanied with emotional
neglect and blackmail, including parents threatening to commit suicide. Sexual violence
in the form of child sexual abuse (incest) is part of family violence, an issue
neglected by civil society and government alike. Eviction from home is a
reality in Hijra families as well, which also has a patriarchal control
structure and individuals who lose favour of the guru often lose their place in
the Hijra family. Financial exploitation is also common to both traditional and
Hijra family settings.
Reasons for violence: Hetero-patriarchal domination of
anyone “not male and heterosexual” results in several interrelated reasons of
violence like prejudice, ignorance, phobia, stigma (including self-stigma),
rigid family expectations for children based on gender assigned at birth,
gender-based inequality in intimate relationships, and stigma around HIV. Another
important trigger for family violence is MSM and transgender people dropping
out of educational institutions when they do not find protection against stigma
and bullying from teachers and students. Systemic gaps like the absence of
strong legal deterrents, either in terms of unbiased and supportive laws or
sensitive policing systems, perpetuate both intimate partner and family
violence.
Impact of violence: The most typical pathway of impact for
intimate partner violence starts with hetero-patriarchal and hetero-normative
sanctions, such as against femininity in males and against same-sex or mixed
gender identity relationships. This leads to inequality in intimate
relationships – usually to the feminine partner’s disadvantage. The emotional,
sexual and financial burden to keep the relationship going falls on this
partner who has to tolerate physical and sexual abuse from the masculine
partner who often may have multiple sexual partners. The feminine partner may
also have to rely on exploitative sex work to earn money for survival and to
maintain the partner. Such unrelenting abuse impacts the feminine partner’s mental
health and also increases risk for STI and HIV infections. Then again poor
mental health and unsafe sex feed into each other.
The most typical family violence pathway also starts with
hetero-patriarchal sanctions against non-normative sexual orientations, gender
identities, sexual behaviours and sexual / romantic relationships. If family
expectations around marriage and social status are not met, violence follows,
resulting in loss of education, shelter and sense of security. This seems to
lead to dependence on abusive intimate relationships, multiple sexual partners,
exploitative sex work, substance abuse and unprotected sex. Once again, the end
result is poor mental health and STI/HIV exposure.
Key recommendations: MSM, transgender and Hijra community
peers and leaders (including Hijra gurus), CBOs, NGOs, health care providers
and other stakeholders from the legal, social welfare, education, media and
government sectors all need to play a complementary role in strengthening HIV
interventions to tackle violence and trauma. Greater allocation of financial resources,
strong advocacy action, skills building and systematic monitoring and
evaluation of anti-violence measures should form the backbone of the
strengthening process.
Prevention measures: Include community education on gender, sexuality
and human rights, provision of emotional first aid to victims of violence by
community peers and encouraging the victims to access relationship and family
counselling services, dedicated helplines on violence and trauma, gender and sexuality
education in educational institutions, and consistent advocacy to bring about a
positive transformation in the media portrayal of MSM, transgender and Hijra
communities. Prevention measures at all levels should discourage normalization
of violence and victim blaming.
Protection measures: Should focus on advocacy for legal reforms
(including repeal of punitive laws against MSM, transgender and Hijra
communities), ensuring widespread legal aid availability from trained and
sensitized lawyers, facilitating legal literacy and strengthening the Crisis
Response Teams (CRTs) in targeted interventions for HIV prevention. CRTs must
undertake consistent advocacy with the police, build on existing goodwill with
them, and sensitize them to avoid victim blaming and instead respond
effectively to intimate partner and family violence.
Mitigation measures: Must start with counselling to deal with
post-traumatic stress disorder, depression and suicidal tendencies along with
“counselling-plus” that addresses a range of immediate and long-term needs
around emergency medical aid, STI/HIV testing and treatment, short-term shelter
options, and different forms of therapy for emotional and physical healing. Ensuring
swift clarification and implementation of the Supreme Court judgment on transgender identities and rights can be a major step towards mitigation of
frequent injustices experienced by transgender and Hijra communities. This may
well help equip them with emotional and financial independence needed to gain equitable
footing and prevent violence.
Finally, the design and budgets of HIV interventions must
include a range of measures to boldly address intimate partner, family and
other forms of violence. HIV interventions need to reinvent themselves as
sensitive and effective public health and social justice interventions.
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