Discrimination against Transgender and Nonbinary Peoples in Pakistan

Introduction

In Pakistan, gender roles and notions of masculinity and femininity are deeply entrenched. They are largely patriarchal and adhere to a dichotomous expression of gender. There is little tolerance for non-binary gender representation. Therefore, the decision to "come out" as non-binary or transgender can have severe consequences. In fact, traditionally, transgender people - or "hijras" as they are traditionally called although the term can be derogatory and is actually an umbrella term for a range of nonbinary peoples- live in isolated enclaves called gharanas among themselves where a leader, a guru, is appointed and effectively adopts children and people who have been cast away. In fact, research finds that "transgender individuals in Pakistani society have to face insensitivity, violence, harassment, and continuous victimization of hate crimes."

A Brief History of Transgender People in Pakistan

The notion that Muslim-majority countries have always been completely opposed to and discriminatory towards transgender and nonbinary people is incorrect and sometimes driven by western mainstream queer politics. This is particularly true for Pakistan and the rest of the subcontinent. A third, fluid gender identity has existed in the subcontinent for over 3000 years. In the precolonial era, there were records of khwaja saras - another term for transgender persons- owning vast tracts of land and having important positions in the courts of both local rulers and the emperor. In fact, the non-male status of the khwaja saras allowed them access to both the "the political male space of the king and his nobles as well as the powerful space of the harem where the queen and royal ladies exercised networks of power". Hijras, who were less affluent, were invited for Badhai dances. These were celebrations of male birth and it was thought that hijras had the power to ward off bad luck and the evil eye with their blessing.

This changed with the imposition of British rule and the rigid view of sexuality they brought with them. They systematically removed transgender people from their positions of power in the public eye and passed several ordinances that outlawed what they considered "barbaric" practices. For example, they put a complete stop to Badhai dancing in public by declaring it an "obscene act". While there were elements within precolonial India that saw the third gender as an affront, it was the intervention of British rule colluding with these elements that completely marginalized the large nonbinary community. That legacy carries on today.

The Decision to "Come Out"

It is possible to be transgender and hide that fact by conforming to the gender roles that correspond to one's biological sex or, in other words, the gender assigned at birth. Thus, gender is a concealable identity. That means that a transgender person must decide to "come out" and reveal that facet of their identity. This decision is complicated by several factors that are deeply embedded in Pakistan including notion of family honor, tightly-knit and integrated family networks, the expectation that adults are to marry, and religious beliefs. Based on a series of interviews done in one study with 16 transgender persons in Pakistan, coming out is not a binary choice. To whom and how much one chooses to disclose is entirely dependent on time and context. Most of the participants tended to drop hints about their gender-fluidity to their immediate family family first. Most often, they were told that they were bringing shame and dishonor to their household. Additionally, marriage was often seen as form of treatment.

The Consequences of Being Openly Transgender

Economic Consequences

The economic consequences of coming out as transgender are quite severe and proportional to what age someone decides to come out and how their families respond. In a study where only college-educated transgender people were interviewed, they worried that if they came out at work, they would almost certainly lose respect and credibility and would probably be fired. For people who come out young and have been forced or voluntarily leave home to join a gharana, their prospects are far worse since they have limited access to education and schooling once they leave home. Additionally, institutional policies systematically discriminate against transgender people and bar them formal employment. Therefore, they tend to be involved in sex work, dancing, or begging to make a living. A study of a community of 189 transgender people found that 40% had engaged in sex work. Estimates vary because of the stigma associated with sex work in Pakistan and the reluctance of people to disclose themselves as sex workers . For example, in another study, the participants were reluctant to disclose that they engaged in any sex work at all. At the prodding of their guru, all of them admitted to it.

Physical Abuse and Psychological Harm

While the economic consequences if a child or person has to leave their family because of the stigma associated with being transgender are severe, in some cases, transgender people who come out face grave threats of violence from their parents. Parents will often try and dissuade their children by invoking religion or shame. In one study, a transgender person deciding whether to completely come out said the following: "My parents always remind me that I am the eldest son. Specially, my father used to tell me “you have social and moral responsibilities, you cannot do anything wrong because we have to live in the community; I have to face everybody every day. So just think how much pressure I had to live with." Some Additionally, the institutional checks that prevent violence against cisgender people tend to systematically fail their transgender counterparts. In fact, they even receive verbal abuse directly from medical personal and other authorities they interact with.

Health Consequences

In addition to physical violence and psychological trauma that transgender people experience, those who leave home have poor health outcomes. In Pakistan, the transgender population is grossly over-represented in the HIV population - 17.5% of all HIV patients are as transgender. Other studies have shown different estimates but there seems to be a consensus that the issue is severe. The problem is compounded by the fact that they often have poor health literacy if they left school and home early. The rate of HIV in transgender sex workers is eight times as the rate of their cisgender counterparts. This demonstrates the massive effect coming out has one's outcomes, even among sex workers.

Poor prospects and immense abuse of all kinds explain the high rate drug use in transgender communities. In a panel of 200 hundred transgender persons interviewed, 60% had used either cocaine, morphine, heroin, or amphetamine in the previous twelve months.Additionally, in another study of 189 participants, 35 had attempted suicide at some point.

Intersectional Analysis: How do Experiences Vary?

As the preceding sections illustrate, the most important determinant of transgender people's experiences is if they decide to come out and openly express themselves. In the study cited earlier where 16 college-educated professionals who identified as transgender were anonymously interviewed, they expressed how coming out would drastically alter both their personal and professional lives. Just the simple fact that they came out threatened to render their education level, professional status, and any other kind of privilege they had meaningless. In a society where gender is such a fundamental distinction, deviating from the norm would entirely define them; all their other identities were dwarfed and they become just hijras. In effect, it becomes almost a choice between your gender and all your other identities. Having money stowed away or a supportive family or employer would certainly help, but in the gharanas, the experiences do not seem to systematically vary much.

Recent Legal Recognition

The Pakistani recognized a third gender for non-binary individuals in 2009. While this recognition won much acclaim in the west, not much has changed on the ground. Most transgender people tend to continue living officially as the gender that matches their sex. In the words of a legal scholar, "the patriarchal stigma, high compliance costs, and limited material benefits associated with the legal third gender category dissuade the Khawaja Sira community from choosing to register". The works cited on this page are all recent and all seem to suggest that the discrimination transgender people face is still severe. However, most of the works are by Pakistani scholars and authors which is encouraging for two reasons: one, they recognize this as a problem that must be solved, and two, they have an understanding of the Pakistani context along with their academic expertise. Additionally, transgender people are being reintegrated into mainstream culture in a way that is not reductive. Kami Sid is a prominent transwoman who is a model and an activist. There is quite a way to go yet still, but that is a start.