Written by Fouzia Khan Bhittani

We live in a world encompassing different beliefs and cultures that generate specific attitudes and stances toward gender diversity. However, these attitudes define the marginalization of a particular community or people, like the transgender community in Pakistan, commonly referred to as the Khawaja Sira—a group of people that includes various forms of gender deviance. Khawaja Sira covers anyone that bends the societal construction of gender, including people who identify as transsexual, choose to cross-dress, identify as true hermaphrodites, are genderqueer youth, intersex people, and eunuchs. The transgender community has gained little visibility in Pakistan, as the overarching attitude towards gender remains a binary division of male and female. The conversation remains taboo, despite the humiliation and violence perpetrated daily against transgender persons.

Although the government of Pakistan has passed legislation to protect the rights of the transgender community, society at large continues to ignore the rights of transgender persons. In 2012, the transgender community was granted the same rights as other Pakistani citizens, which include the right to vote and inherit property. Pakistan is also one of 12 countries worldwide that have recognized transgender identity on their national identity cards, while the Trans Protection Act of 2018 guaranteed the basic rights of trans citizens to prohibit discrimination against them. The question then arises—if trans people have legal status, why the gap between policy implementation and protection?

In recent years, there has been a tremendous increase in violence against the Khawaja Sira community. The growing number of incidences and homicides in this community are alarming, yet the onslaught of daily violence remains disregarded, resulting in the complete exclusion of transgender persons from society. Despite being disowned, families of transgender persons force them to contribute financially. This social exclusion, and the indecorous work that transgender persons partake in for survival, makes them vulnerable to violence. Chanda reported that her family disowned her when she was just six years old on the pretext that she would bring bad luck to her sisters. She was handed over to a guru to look after her.

“I was 13 years old when I started dancing in events. I want to live near my family because now I am getting old. Because I was pretty, people invited me to their events for dance performances, but as I got older, people no longer invited me. Many young Khawaja Siras take your place. People treat you as if you are their property, some people are kind, but they are rare to find.”

Article 25 of the constitution of Pakistan states that “There shall be no discrimination on the basis of sex.” Apart from Article 25, Section 5 of the law prohibits the harassment of transgender people. Despite these laws, transgender persons face multiple forms of violence. The data collected by HOPE, ICJ, and Sathi Foundation reported that in 2021 at least 20 transgender people were killed in Pakistan. They were also subject to other forms of violence like rape, abduction, sexual harassment, and blackmail. The report also highlighted that these are only 34 percent of the cases. According to the Blue Veins report, the number of transgender persons killed in Khyber Pakhtunkhwa since 2015 is 91, and the number of registered cases of violence is 2000. In 2018, data from Trans-Action Alliance revealed that there had been 479 attacks against transgender persons reported in Khyber Pakhtunkhwa alone.

There are reports that the families of Khawaja Siras are often involved in violence to maintain control over them. If the police arrest a perpetrator, the biological family tends to forgive the perpetrator in return for money. Chanda reported that the growing incidences of violence are making their lives more miserable. There is growing concern and fear about deadly attacks against the transgender community. They have learned that the world is not always accepting and can be cruel and dangerous too. When asked about the reasons for the violence, she said: “Many men see you as a sex object. When I performed, some men wanted to touch me, and when I would not allow them to do so. They would then beat me. I have been harassed, threatened, and beaten multiple times because I have refused to accept money offered to me in exchange for sex. I launched a complaint against the offender, but later I learned that my family forgave the offender for money. When I asked my mother, she stated that she did it to protect me and my sisters,” said Chanda.

Transphobia directly impacts the lives of transgender persons, straining their mental health and putting them at high risk for suicide; unfortunately, there are not enough trans-competent mental health services. “I still remember the day I was given to my guru. It haunts me. Because the nightmares were so bad, I had to take medicine to stop dreaming. I have never seen the love of parents; guru is our mother and father. It is hurtful when people call you ‘Allah ka azaab.’ We smile, but deep down we’re depressed. Because of the stress, I have started smoking. I also take anti-depressants to calm me. Other transgender persons are using different drugs like hashish, cocaine, etc. We want to cry out, but no one is willing to listen to our cries. No psychiatrist is interested in treating us. There is nothing for us except harsh comments, humiliation, and physical and mental stress”, explained Maahi, a transgender person residing in Barri Imam, Islamabad.

Responding to a question about how the law protects the transgender community, Maahi added, “Laws are for wealthy people or normal people. We transgenders are not even considered humans. If a car hits a dog, people will start to cry, yet, when one of us is harmed or killed, people will not even bother to take action. They say that it must be the fault of the transgender person. Due to pressure, police have caught several offenders, but these attackers get released. Our families don’t even want us to pursue cases. No organization is willing to offer us employment, so we beg and do other illegal activities, making us prone to violence and other dangers. Many people in our community don’t know their rights,” said Maahi.

Poverty, social boycott, injustice, lack of opportunities, illiteracy, and questionable social identities are some of the reasons for the social exclusion of this group. The transgender community remains marginalized, despite the Supreme Court of Pakistan announcing a 2 percent quota for transgender individuals in government and private organizations. Many organizations are working to protect their rights and to create opportunities for this community. Transgender Rights Consultants Pakistan (TRCP) is working to create an environment for the transgender community that is free from discrimination. They are also working to create equal opportunities and curb the stigma against the transgender community. Blue Vein is also working to end discrimination of every kind and to improve the lives of transgender people. Other organizations like Gender Interactive Alliance (GIA), Transgender Empowerment Association, and Umeed are trying to improve the lives of transgender people.

Despite the laws enacted to support the transgender community and support from some organizations, the transgender community remains vulnerable and faces several challenges. Society needs to come to the fore by acknowledging and protecting their rights. There are ways to help integrate and protect the transgender community, like educating their families so that they can feel secure, providing financial support to organizations that are working for the embitterment of the transgender community, scheduling seminars to create awareness of trans rights and social acceptance; by prompting workspaces to formalize the employment of transgender people; by making public spaces more inclusive so that transgender people have access to adequate healthcare; and by creating equal education opportunities.

Although the challenges seem too great to be overcome, we must remain hopeful and steadfast that change is possible for the betterment of the transgender community.

Sheena Adams