This document discusses the status and rights of transgender people in Pakistan. It provides definitions and outlines the history of transgender people in Pakistan. During Mughal rule, transgender people held respected positions, but British colonial law and later Islamic fundamentalism degraded their status. Today, transgender people referred to as "khusra" face massive discrimination, lack of rights, and high rates of violence. Reforms are needed to improve legal recognition, health, socioeconomic opportunities, and public awareness and acceptance of transgender people in Pakistan.

1. Transgender
Status and
Rights in
Pakistan
MADE BY: MAIRA ASIF

2. Definition
 Transgender: It is an umbrella term to refer to all people who do not identify with
their assigned gender at birth
 Transgender people are individuals of any age or sex whose appearance, personal
characteristics, or behaviours differ from stereotypes about how men and women
are ‘supposed’ to be. Transgender people have existed in every culture, race, and
class since the story of human life has been recorded.

3. Trans History
 During the Moghul rule of the Indian subcontinent, they enjoyed respect as
trustworthy royal insiders because they were seen as nonthreatening to power holders.
They were the protectors of female quarters in courts. They were advisers on political
councils and privy to intelligence information, and even seen as holy bridges to God.
 British colonial law of the 19th century and the later rise of Islamic fundamentalism
transformed their status entirely. Under the British, the 1860 Penal Code punished
sodomy with a prison sentence. The first Criminal Tribes Act of 1871 categorized
transgender people as members of a “criminal tribe.” The latter legislation was meant
to punish those who were “habitually criminal” due to their genetic makeup (including
thieves, murderers and prostitutes). Then, the low status of khawaja siras was ossified
through the then President Muhammad Zia-al-Haq’s “shariazation” of the country,
starting in 1977. The impact of shariazation plagues today’s khwaja siras still.

4. Status of Trans in Pakistan
 Transgender referred as khusra in Pakistan, the word khusra is associated with impotence,
incompetence, and powerlessness.
 Reflects a group of people who enjoys the least amount of respect or rights in Pakistan.
 Due to the controversial nature and typical mindset of people, the subject of Transgender rights in
Pakistan is not even discussed in sophisticated circles.
 Most people do not even consider them as a part of their community.
 Massive rejections are often faced by transgender in almost all the parts of Pakistan.
 Transgender are ridiculed and insulted. Popular TV shows, such as Khabarnaak and Khabardaar,
make cruel jokes against transgender community. One of these shows is headed by a lawyer
licensed to practice before the high courts of Pakistan.

5. Rights for TG people
 There is no quota reserved for the TG population in public sector jobs at the
federal or provincial levels.
 Right to equality
 Prohibition of discrimination on the ground of religion, race, caste, sex or place of
birth.
 Right to privacy and personal dignity as any ordinary citizen
 Prohibits trafficking in human beings as beggars and other similar forms of forced
labour and any contravention of these provisions should be an offence punishable
in accordance with law.

6. Problems Faced by Trans
 Discrimination- no access to public spaces, health care, family,
unemployment
 Lack of educational facilities
 Homelessness- families do not accept them
 Lack of medical facilities: like HIV care and hygiene, depression, hormone pill
abuse, tobacco and alcohol abuse
 Problems related to marriage and adoption.
 The Pakistan Supreme Court compares transgender persons with “disabled
persons“ and articulates their gender status as “gender disorder.”

7. In a widely publicized case in May 2016, Alisha a 23-year-old transgender activist,
was shot eight times in Peshawar, and died in hospital while staff debated
whether to put her in the male or female ward.

8. Statistics
 NGO based in Islamabad. The study found that 30% of its respondents had attended
schools till primary level, 23% till secondary level and 7% percent till high school or
college level. The remaining 40% never went to school
 In the survey held for the UNAIDs 2014 report, around 70% TG sex workers reported
that they were living at deras, and the rest lived independently or with their families. In
contrast, the survey conducted by Punjab’s Social Welfare Department found a
completely different status of residence: 45% were found living independently, 35% at
deras and 19% with their families
 Consequently, most of these individuals have no other option, but to make their living
by singing and dancing alongside the road or in private parties. Additionally,
transgender are usually not encouraged to live amongst regular communities. They are
bound to establish their own colonies outside of regular communities.

9.  Trans Action Alliance/Blue Veins have documented 46 killings of TGs and 300
violent attacks on them across KP from January 2015 to July 2016.
 Percentage of violence reported every year forced sex is 46%; physical abuse is
44%; verbal abuse is 56%; blackmail for money is 31%; and threat to life is 24%.
 In Punjab KSS documented 70 instances of domestic abuse in 2015. No specific
data on murders, violent assault or domestic abuse was available from any Sindh-
based organization.

11. Trans in Islam
 The Qur’an is clear on genetic determinations by pointing out that Allah is the
“One who shapes you in the wombs as He pleases.” (Qur’an 3:6). All shapes, that is,
all physical traits including sexual characteristics and inclinations of a human
being, come with the pleasure and permission of Allah.” Every child — male,
female, or transgender—has the equal blessings of God and there is no
justification for parents, courts, or governments to engage in gender-based ill-
treatment.

12. Rights they deserve and should get
 Legal Recognition for Third Gender
 Public Health and Sanitation
 Socio-Economic Rights
 Stigma and Public Awareness

13. Reforms to improve their status
 Legal Measures
 Police Reforms
 Social awareness
 Social acceptance