Sexual orientation and gender identity are contested concepts within Pakistani society. Despite the differences between the two, they are often used interchangeably and are regarded as the same thing. While gender identity refers to the knowledge of your sex – knowing whether you are a man, a woman, or another gender, your sexual orientation is relevant to the kind of sex you are attracted to.
Similar to cisgender people, trans individuals have their own sexual orientation. Transgender men can be primarily attracted to other men, and hence be identified as gay men or vice versa. In such scenarios, where there is a considerable lack of awareness, people confuse trans and intersex as the same thing. Intersex people are born with reproductive anatomy that is not traditionally male or female, discovered most often as soon as they are born.
Being trans, on the other hand, is related to one’s internal knowledge about their gender identity, for example, if someone is born a woman but they know they were supposed to be a man. The intersex and trans communities are widespread across Pakistan, however, despite their numbers, they face a number of disparities during their lifetime.
The Reality of Intersex and Transgender Communities
Intersex and transgender people have their differences, they share a common interest in autonomy. Intersex individuals are often coerced into medical surgeries that do not benefit them in any way, while trans individuals are denied treatment even when requested. The latter are further unable to access documentation related to their gender identity without having to undergo extreme surgeries. Both identities spend the majority of their lives grappling with a lack of authority and autonomy in regards to their bodies. The distinct nature of these two groups, as well as their similarities, can be used to implement and integrate better policies and regulations to address the barriers facing their communities, especially in Pakistan. However, we continue to face a huge divide of awareness present in the masses.
The BBC has reported that “homophobia has wide social and religious sanction” in Pakistan (BBC 18 Aug. 2014). In addition to this, the New York Times has found that discrimination and prejudice against sexual minorities “run deep” within Pakistani society (International New York Times 30 April 2014). Sexual minorities continue to suffer from discrimination in both public and private sectors (WEWA 31 Dec. 2014), including at the hands of their friends, families and the state.
LGBTQ+ Activities Under the State of Pakistan
Media sources have shed light on the underground nature of the LGBTQ+ community in Pakistan. The country advisor for the International Gay and Lesbian Human Rights Commission (IGLHRC) has elaborated on the lives of trans individuals, who are the only “visible” sexual minority in Pakistan. Besides this, there is a continuous and intentional invisibility, shrouding the treatment of gay, lesbian, bisexual and other minority groups. The President of the Neengar Society has commented on this, saying that the gay community in Pakistan has never been publically visible. However, despite the visibility of trans and intersex folks, they continue to face brutal realities and reactions.
There has been a surge in the attacks on transgender women particularly in the country, which can only be put to an end if authorities signal that they will hold the attackers to account, according to Brad Adams, the Director of Human Rights Watch Asia. He further says, “Hospital staff and police need to stop their humiliating treatment of transgender people and start protecting their rights.” His statement came at the time of the attack on Sumbal in northwestern Pakistan. A number of activists in the Mardan district responded to Sumbal’s case in late 2015 and early 2016, as well as others like her. Despite this, policemen continued to apprehend and mistreat trans women. Sumbal said the police took them to the police station, mocked them, forcibly removed their clothes, and ordered them to dance. They poured cold water on them when they refused to comply. And if they dared to complain, they were subjected to further abuse.
Nadeem Kashish, a transwoman who is the leader of Pakistan’s She-Male Association for Fundamental Rights, has said that she continued to face ridicule and violence. She has been subjected to this treatment since she was a child, and had to deal with the humiliation of performing in front of men as a teenager to make petty money. As a young adult, she tried to live her life as a man, and even had a child with another woman, before she accepted herself. She lived in the community of “khawaja siras” for years, which is an umbrella term for a third sex. It includes cross-dressers, eunuchs and intersex people, as well as transgender women and men, and is used popularly in Pakistan.
The Role of the Courts and Activist Groups
The law has made provisions to protect the rights of trans individuals. In 2009, the Supreme Court called on provincial governments to address the rights of transgender people and implement them. There was a focus on communicating with transgender communities and coordinating with them on relevant cases. In addition this, TransAction Khyber Pakhtunkhwa is on a different mission for transgender and intersex communities. The group has filed a petition at the High Court in Peshawar that seeks to postpone the federal census. It was due to begin in March but has been delayed due to meddling from political parties. This is a great step towards third-gender recognition and activists are shedding light on the brutality trans people face on the daily, from their governing authorities more than anyone else.
In Conclusion
Even though numerous steps are being taken to eradicate the discrimination faced by transgender and intersex individuals, it is not enough. These advances are falling short of what is needed, which is changing the mindset of a mainstream society steeped in extreme ideals. No campaign or law can be successful unless the masses are educated, in regards to their nonchalant abuse, which forces these third-gender communities into begging or prostitution for the rest of their lives.
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