Shivali Kumar was allegedly beaten up for demanding her dues from the dance bar she had worked at.
A month ago, Shivali Kumar was allegedly beaten up for demanding her dues from the dance bar she had worked at. Kumar is a Mumbai-based transwoman currently in the middle of a series of sex reaffirmation surgeries, which ironically, have become a hurdle in her path to justice.
Though her Aadhaar card lists the 27-year-old as the third gender, officials at the Samta Nagar police station, where the case is registered, have asked her to undergo a series of tests —including DNA testing— to determine her biological gender so that the complaint can be registered under appropriate sections of the Indian Penal Code. Shivali has been undergoing Hormonal Replacement Therapy (HRT) for four years and had her testicles removed 15 months ago.
Koninika Roy, the advocacy manager at Humsafar Trust, says since transgender laws in the country are still developing and laws for women are stricter under the Indian Penal Code, it becomes important to determine the biological gender of a transitioning individual to file the FIR. "There are no set procedures for such cases," says Roy, "and usually, it is difficult to even get the police to register a complaint. It was possible in Shivali's case because she had the support of her parents who accompanied her to the police station. She was examined thoroughly, because biologically she is still a male, though she identifies as female."
The FIR is registered under Section 354 of the Indian Penal Code: 'Assault or criminal force to woman with intent to outrage her modesty' which could call for punishment of imprisonment of up to two years, or a fine, or both. It has also been registered under IPC Sections 324 (Voluntarily causing hurt by dangerous weapons or means), 323 (Punishment for voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation) and 34 (Acts done by several persons in furtherance of common intention).
"Though she has given us her documents and certificates pertaining to HRT," says investigation officer Deepak Patil, "since she is a transwoman, to make her case watertight, we have asked her to get some tests done which will help her during the trial."
Individuals undergoing gender reaffirmation surgery can be in a state of constant recovery from surgery for as long as it takes to physically transition. Shivali was scheduled for a silicon breast implant a few days later and could not make it to the operating table on account of severe trauma to her chest. "I am lucky that I had not got the silicon transplant done. My doctor told me if I had, I would have died on the operation table itself."
What happened
Shivali is an actor and dancer, who is currently acting in three web series. She's trained in kathak, comtemporary dance, and jazz from the Terence Lewis Academy, and has worked at The Danceworx Academy. "I work in another bar during the day," says Kumar, "however, I wanted to earn more money for my gender reaffirmation surgeries and dancing is my only avenue. A customer from the day bar introduced me to the owner of Aachal bar, who was looking to hire."
Kumar says she had told the owners that she's a transgender. They claimed that they had not been informed and so withheld her payment of Rs 4,000 after a customer created a ruckus because "she was not a woman".
Kumar had reported to work on her first day, changed into her dance clothes, and performed under the promise of earning Rs 4,000 at the end of the night. "They gave me only Rs 400 and said that I could not work there since I had lied about being a transgender. I told them I had my Aadhaar card which clearly stated that I am a transperson."
Matters escalated from there, says the Jogeshwari resident, and the management allegedly beat her up. "I tried to ward off the blows, but they kicked me on the chest and shoulder. They also tried to strip me." When DNA contacted the management at Aachal bar in Kandivli, they refused to comment on the issue.
A senior police inspector of Samta Nagar police station reassuringly said, "We will make sure that all the evidence is collected and the culprits are taken in as soon as possible."
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Shivali Kumar")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}