Kamakhya Temple: Transgender Persons Allege Discrimination

Kamakhya Temple: Discrimination Allegations

In a troubling reflection of societal biases, Sonia, a transgender woman from Guwahati, speaks out against the discrimination allegedly faced by her community when attempting to access the revered Kamakhya Temple in Assam. “We are tortured by the local police here and are not allowed to enter the temple most of the time. Even during the Navratri festivities, when everyone else could pray, some of us were turned away,” she laments.

Sonia’s grievances echo a broader narrative of exclusion that continues to permeate many aspects of life for transgender persons in India. The Kamakhya Temple, an important pilgrimage site dedicated to Goddess Kamakhya, symbolises not just spiritual reverence but also the need for social acceptance. While it serves as a hub for worship within the Shakti Peetha tradition, the members of the transgender community allege that the temple’s doors remain closed to those who seek solace in its sacred precincts simply because of their identity.

According to Sonia, police harassment is a constant reality for her and her friends. “We are also sanatani, and we are also the devotees of the goddess. The police don’t allow us to enter the temple most of the time. We don’t go to temples to rob or commit crimes; we just want to pray like everyone else,” she asserts.

In a striking moment captured on video, Sonia and her friend, both transgender women, attempt to enter the Kamakhya Temple, a journey fraught with challenges. The four-minute and seventeen-second clip shared with The Probe exposes their plight: as they approach the temple, a police officer initially raises his hand but quickly retracts his motion upon noticing the camera. “This time, we only got to pray because the police saw that we were recording a video using our mobile camera,” Sonia explains.

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Kamakhya Temple: Discrimination Allegations

In a troubling reflection of societal biases, Sonia, a transgender woman from Guwahati, speaks out against the discrimination allegedly faced by her community when attempting to access the revered Kamakhya Temple in Assam. “We are tortured by the local police here and are not allowed to enter the temple most of the time. Even during the Navratri festivities, when everyone else could pray, some of us were turned away,” she laments.

Sonia’s grievances echo a broader narrative of exclusion that continues to permeate many aspects of life for transgender persons in India. The Kamakhya Temple, an important pilgrimage site dedicated to Goddess Kamakhya, symbolises not just spiritual reverence but also the need for social acceptance. While it serves as a hub for worship within the Shakti Peetha tradition, the members of the transgender community allege that the temple’s doors remain closed to those who seek solace in its sacred precincts simply because of their identity.

According to Sonia, police harassment is a constant reality for her and her friends. “We are also sanatani, and we are also the devotees of the goddess. The police don’t allow us to enter the temple most of the time. We don’t go to temples to rob or commit crimes; we just want to pray like everyone else,” she asserts.

In a striking moment captured on video, Sonia and her friend, both transgender women, attempt to enter the Kamakhya Temple, a journey fraught with challenges. The four-minute and seventeen-second clip shared with The Probe exposes their plight: as they approach the temple, a police officer initially raises his hand but quickly retracts his motion upon noticing the camera. “This time, we only got to pray because the police saw that we were recording a video using our mobile camera,” Sonia explains.

The video features Sonia’s friend stating plainly, “Police personnel trouble us a lot. They don’t allow us to enter the temple.” These allegations, if true, speak volumes about the constant barriers faced by transgender individuals in public places. Sonia’s question lingers in the air: “Should we always put cameras on record so that the system gets scared of exposure and allows us in?” 

Further complicating matters, another transgender individual in Guwahati, who requested anonymity, confirmed that she has faced similar issues while trying to enter the Kamakhya temple to pray. “Police don’t allow us to get into the temple. They trouble us a lot. When there is a crowd in the temple, they definitely don’t allow us to go. They discriminate against us,” she shares. 

“Discrimination Disguised as Law Enforcement”

Sonia alleges that the police use the pretext of begging to justify stopping members of the transgender community from entering the Kamakhya Temple. “Police officials often label us as nuisances,” she explains. While it is true that some within the community resort to begging as a means of survival, Sonia asserts, “Begging is being used as an excuse to stop us from entering the temple to pray. That is the issue”. 

The question remains: Are the accounts of these trans community members true? To seek clarity, we turned to the local police for answers.

In an interview with a senior police official from the Kamakhya Temple police outpost, the allegations of discrimination were firmly denied. “These are absolutely not true,” he asserted. “We have only told the transgender persons not to beg in the temple. The temple doors are open for all. We have videos of them begging inside the temple. We have CCTV footage and have received complaints regarding this. They are begging in the temple premises, which cannot be allowed. These are plain lies. The temple authorities have given us a written complaint stating that begging should stop inside the temple.”

The police maintain that the transgender community is not discriminated against; rather, they cite concerns over begging as the reason for their actions. However, those from the transgender community we spoke to acknowledge the issue of begging but insist that it should not serve as a justification for barring them from accessing the temple for worship altogether.

Sonia poignantly articulates this sentiment: “If we are begging, fine us, arrest us, and take action against us on the spot. But when we go to the temple with the intention of praying, how can that be associated with begging? Let’s say we are poor and we are beggars. But the question is, don’t beggars have the right to pray? The issue is that even during the Navratri festivities, when we are going inside the temple with the intention of praying, we are still stopped.”

This is not the first time that transgender individuals in India have alleged such discrimination, particularly in revered spaces and public places. In 2018, a trans person Sonali Dalvi was allegedly denied entry into the Phoenix Mall in Pune. Following this discriminatory act, Dalvi approached the National Human Rights Commission (NHRC), which prompted the mall’s Director to express regret over the incident. In the same year, an NHRC report revealed that 92 percent of transgender individuals have experienced physical or verbal abuse, frequently at the hands of law enforcement officials.

For trans persons, discrimination does not stop at shopping malls or temples; it extends to key public places. Transgender individuals have reported harassment while trying to enter the Delhi Metro in the past. Sonia, who spoke to The Probe about her experience at the Kamakhya Temple, had earlier encountered harassment by Railway Protection Force (RPF) officers in Assam, a situation we had covered in a previous report. 

Moreover, many trans persons have also reported that they have been denied medical treatment in some hospitals based on their gender identity. This denial of basic rights echoes throughout various places, including parks, cinemas, schools, universities, and workplaces, where discrimination remains a constant issue for many. The problem is clearly larger than any singular incident; it reflects deep-rooted social biases against transgender individuals across the country. 

Legal Protections and Discrimination

The conflicting narratives from the police and the transgender community expose the friction between the law enforcers and the community members. While the police assert their authority in prohibiting begging within temple grounds, it raises critical questions about the underlying assumptions regarding the intentions of transgender visitors. If the community is broadly generalised and discriminated against, perceived solely as individuals seeking to beg rather than to pray, then a serious problem arises. It is important that police establish standard protocols, especially in this gender-sensitive matter, to ensure that the transgender community does not face unwarranted discrimination.

Under Section 4 of the Assam Prevention of Begging Act, 1964, police officers have the authority to arrest individuals found begging without a warrant. However, this legal power must be balanced with a careful consideration of intent. The critical question here is whether the police are making a genuine effort to distinguish between those entering the temple to beg and those wishing to pray. This distinction is key not only for the enforcement of the law but also for respecting the dignity and rights of all individuals.

Transgender individuals in India are protected by several legal frameworks that safeguard their rights. Section 3 of the Transgender Persons (Protection of Rights) Act, 2019 explicitly prohibits discrimination against transgender persons in various domains, including access to public places such as temples. Any denial of access based on gender identity constitutes a violation of this law.

Additionally, Article 14 of the Indian Constitution guarantees equality before the law and equal protection for all individuals, including transgender persons. Furthermore, Article 15 prohibits discrimination on various grounds, which has been interpreted to encompass gender identity following the Supreme Court’s ruling in the NALSA judgement. Article 21 further supports the rights of transgender individuals by ensuring the right to life and personal liberty, including dignity and privacy. Denying a transgender person entry to a place of worship not only undermines their right to pray but also violates their fundamental rights to dignity and freedom of religion.

The intersection of these laws and the lived experiences of the transgender community at the Assam temple calls for a thoughtful approach to enforcement. It is essential that law enforcers not only uphold the legal frameworks designed to protect rights but also work towards building an environment of acceptance and inclusion in public places. 

Priya Patil, a trans rights activist and Program Manager of Kinnar Maa Trust, states that the discrimination and violence faced by transgender individuals from law enforcement are not isolated incidents but rather deeply ingrained and institutionalised issues within the police force. “This kind of discrimination in a place of worship like the Kamakhya temple is extremely serious. Trans persons never feel safe to walk into a police station,” she asserts, emphasising that such discrimination is prevalent across many regions in India, often perpetuated by those meant to protect them. 

Despite her position as an activist, Priya experiences discrimination firsthand, recalling instances during her train travels where she feels treated as an outsider. “We must understand the larger context. It was only in 2014 that we gained recognition as human beings through the landmark NALSA judgement. We as a community face discrimination daily. When I travel by train, even today people look at me like they are looking at some alien. Discrimination is just part of our everyday struggle as trans persons. For this to change, society’s mindset towards the trans community must evolve. ”

In light of these challenges, the struggle for recognition and equality remains an urgent battle for the transgender community in India. While the Kamakhya Temple police may be right in asserting that they are preventing begging inside the temple, they must address what measures they have taken to facilitate access for transgender persons who wish to pray. It is not only essential to enforce the law but also to uphold the dignity and rights of individuals who face constant discrimination. The police should focus on being more gender-sensitive in their approach to these issues, ensuring that all individuals are treated with respect and allowed to practise their faith without fear or prejudice.