Sexual and gender minorities in contemporary India are formed in the interstices between the neoliberal, Hindutva state; transnational discourses of liberal democracy and sexual ‘rights’; as well as cosmopolitan culture and global LGBT movements. As is evident in recent court judgments and legislation, particularly since 2014, postcolonial Hindu nationalism has created cultural conditions where forms of queer gender are permissible while queer sexuality is generally unacceptable. In recent years, significant developments have focused on transgender communities, complicating activism surrounding sexual and gender identities. By positing some identities as state-sanctioned acceptable citizens and others as not, certain ‘transgender’ individuals are conceptualised as bearers of rights while finding other facets of their identities discriminated against and maintained as illegal. The 2014 Supreme Court NALSA v. Union of India judgment and The Transgender Persons (Protection of Rights) Bill, 2016 passed by the Lok Sabha, alongside further judgments and legislation affecting wider LGBT communities, have kept discourses fixed on sexual and gender identities and their relationship to Indian citizenship at the forefront of discussions of gender justices and injustices in India today. Focusing on recent judicial and legislative developments, this paper examines how transgender rights are being granted in the context of the neoliberal, Hindutva state and considers which forms of transgender identity are currently being conceptualised as legitimate and authentic in such discourses, which can serve to bolster larger right-wing visions and ideologies of the nation and its citizens. It contemplates the ways in which gender ‘justices’, framed in relation to both transnational LGBT rights discourses and right-wing agendas, are conceptualised and played out on the bodies of sexual and gender minorities.

This article explores how the hijras and kinnars of India use mythological narratives in identity-formation. In contemporary India, the hijras are a minority group who are ostracised from mainstream society as a result of their nonheteronormative gender performances and anatomical presentations. Hijras suffer discrimination and marginalisation in their daily lives, forming their own social groups outside of natal families and kinship structures. Mythological and literary narratives play a significant role in explaining and legitimising behavioural patterns, ritual practices, and anatomical forms that are specific to hijras, and alleviating some of the stigma surrounding this identity. In this article, I focus on certain narratives that hijras employ in making sense of and giving meaning to their lives, including mythological stories concerning people of ambiguous gender and myths associated with Bahuchara Mata. I argue that these ontological narratives serve to bring hijra identity into being and play a crucial role in constructing and authenticating hijra identity in modern India.