Daily Times

These days, a new phenomenon has emerged on Lahore’s streets. As your car drives close to an intersection and screeches to a stop at a traffic light, you hear several thumps. As you peer through your window panes, a hoard of transvestites rushes towards you; begging alms. You can oblige one or two or even more of them, but numerous others won’t let you go. If in the meantime, the signal is clear, and you move on, you hear from behind some voices cursing you to by-pass them. And this is the common scene at all busy intersections.

Long ago, the transgender community could only be seen dancing at birthdays, children’s circumcisions, wedding parties or in private ceremonies but those days are over. Transgenders have fallen on bad days. They are mostly mocked at, held to ridicule, and even molested on the streets. Such circumstances have forced them to beg or privately work as sex workers, because the society, where they are born in, has scornfully treated them as sub-human beings, and have excluded them from the mainstream of society. Coupled with this, poverty, illiteracy, social and cultural boycott, lack of opportunities and unrecognised social identities are some reasons for social exclusion for this marginalised group. They feel like a cornered minority with the extra stress of coping with their sexual orientation in our society. Their constant stigmatisation and social banishment from the society have made their life miserable, isolating and pushing them into inappropriate conducts/habits like the use of drugs and selling of sex.

It is surprising that according to the census of 2017, the total number of transgenders in Pakistan are 10,418 while Pakistan’s total population is 207.75 million. Thus, transvestites constitute only .005 per cent of the population, which is microscopically small, visibly under-estimated and excruciatingly miserable. The actual number of transgender in Pakistan is much more than what is reported because in a census people feel shy to declare their actual gender. From an estimate of their union, between 1.5 to two million transgenders are residing in Deras of their permanent residence under the surveillance of their Gurus. Most of other transvestites, who live in their own houses under the supervision of their parents, are far larger than the reported figures whose number cannot be ascertained in a census due to social stigma attached to them.

Being a transgender is neither a mental disorder nor can it be “cured” with treatment. In exceptional cases, the sex of a certain number of them can be changed through re-assignment surgery, which is not an easy operation. Transgenders do experience a persistent disconnect between their assigned sex (at the time of their birth) and their internal sense of whom they would like to be, according to the HRC. This disconnection is referred to by medical experts as gender dysphoria (a state of pain and distress due to being an anomaly in society), which continues to haunt them all their lives.

Third gender, or third sex, is a concept in which individuals are categorised as neither man nor woman. Biology determines whether a human’s chromosomal and anatomical sex is male, female, or one of the uncommon variations on this sexual dimorphism that can create a degree of ambiguity known as intersex. Intersex or third gender people have usually sex characteristics, which “do not fit typical binary notions of male or female bodies.”

The hijras of India and Pakistan are one of the most recognised groups of third gender people.

Historically, the concept of the third gender had been quite common. In the past, there was a vibrant culture of hijras (?????), which the society had generally accepted. The term “hijra,” commonly used in South Asia is considered derogatory in Urdu and the term Khawaja Sara (????? ???) is used instead. They are also referred to as transgender, intersex or eunuchs in the English language. These days, they are subjects of ridicule, abuse, and violence. But in the Mughal period and before that, they enjoyed a certain level of acceptance. For example, they were welcomed at weddings where they danced as entertainment for the men and women alike. Most Khawaja Saras were deemed to have been direct cultural descendants of the court eunuchs of the Mughal era. And were frequently invited on the birth of a child, his circumcision or weddings etc. Thus, a mystery shrouds their existence, their way of life and their common engagements at home. In 2004, it was reported that Lahore alone had 10,000 active transvestites.

Only recently due to the growing consciousness of human rights, the matter of transgender community was taken to the superior courts of Pakistan.

In 2009, the Pakistan Supreme Court, in a landmark judgment, ruled that as citizens, they were entitled to equal benefits and the protection of the law and called upon the Government to take steps to protect transgender people from discrimination and harassment.

In 2010, the Supreme Court ordered the full recognition of the transgender community, including the provision of free medical and educational facilities, microcredit schemes and job quotas for transgender people in every government department.

In 2017, the Lahore High Court ordered the Government to include transgender people in the national census.

In February 2018, a Senate committee determined that transgender people could inherit property without being required to have their gender decided by a medical board.

In 2019, Pakistani Parliament passed “Transgender Person (Protection of Rights) Act 2018,” empowering all Pakistanis to self-identify as male, female, both or neither. They may express their gender according to their preferences, and they may have their gender identity of choice reflected on their documents, “including National Identification Cards, passports, driver’s licenses and education certificates.” The Act ensures transgender people’s “fundamental rights to inheritance, education, employment, vote, hold public office, health, assembly, and access to public spaces and property. It confirms that they enjoy all the rights that the nation’s constitution grants to its citizens.”

The act defines “transgender person” as someone with a “mixture of male and female genital features or congenital ambiguities,” or, a male who “undergoes genital excision or castration,” or, more broadly, “any person whose gender identity and/or gender expression differs from the social norms and cultural expectations based on the sex they were assigned at the time of their birth,” which allows people to self-identify themselves as such. They are guaranteed the right to inherit, assets and to run for public offices.

Discrimination based on gender identity in employment and public accommodations is forbidden under the new law. The Government is assigned to provide medical and psychological assistance, small business loans and vocational training to them.

Being a transgender is neither a mental disorder nor can it be “cured” with treatment

One of their leaders complained, “We have to understand that by just mentioning the third gender identity on your CNIC, the state has not done enough. It is not enough that the government has fixed a two per cent job quota either. No! It’s a protracted fight that we have to continue to get equal opportunities.”

There is a lot of truth in what she/he says, as the real question is not in granting them legal rights but in making a mechanism, which can positively and surely restore their civil rights or their rights to inherit, by also enabling them to restore their lost dignity and honour as common citizens of the state.

It is an irony that sex abuse is quite common in our society despite many taboos. Our religious sections are particularly hyper-conscious about physical sexual aberrations except pederasty commonly known as sodomy. Unfortunately, child abuse is endemic in most of our religious schools (Madrassas) but there is hardly any protest from religious sections. The clerics have accepted it as a norm and children and their parents are afraid of taking action against the culprits for fear of priest class and their religious status in society. Thus, this evil goes on unchecked.

Even though the Pakistani government recognises a third gender on ID cards, many people from the transgender community are hesitant to apply for it as they will not be allowed to enter the holy city of Mecca in Saudi Arabia as a transgender person to perform Hajj.

Whereas in the west, the LGBTI community (Lesbian, Gay, Bisexual, Transgender, and Intersex), has been more or less tolerated in most countries, but in Islamic countries including Pakistan it has been rejected, although they recognise the third gender. Thus, in Pakistan, the risk of HIV/AID has been avoided. LGBTI is regarded as social and cultural terrorism in Pakistani culture. However, legal recognition of their rights by Pakistan’s superior courts is the first step, which will pave way for adding moral force to their rights. Unless society becomes ideally conscious of equal human rights, this age-old sub-culture of transgenders will take its time to fully align with the mainstream society.

Gender identity is, perhaps, the most important aspect, which determines the psycho-social behaviour of humans. A gender identity crisis not only leads to acute social problems but also lowers the self-esteem of an individual, which may potentially lead to his socio-economic and political alienation. Normalcy requires complete conformity with the prevalent norms of the majority.

The writer is a former member of the Provincial Civil Service, and an author of Moments in Silence