Introduction
In 2018, Pakistan achieved a remarkable milestone with the ‘Transgender Persons (Protection of Rights) Act’—landmark legislation that, for the first time, defined the term ‘transgender’ and carved out their legal protection and rights. This groundbreaking definition encompassed individuals born with both male and female physical characteristics and those with chromosomal or hormonal conditions that make it difficult for them to identify as male or female. The Act recognized:
- Intersex individuals (born with both male and female physical characteristics)
- Eunuchs (assigned male at birth, but underwent genital modification)
- Transgender individuals (whose gender identity/expression differs from societal norms)
– Transgender Men
– Transgender Women
– Non-binary individuals (including Khawajasira)
– Anyone whose gender identity/expression challenges societal expectations
This definition was a remarkable milestone in a conservative country like Pakistan, as it not only defined transgenders as a distinct segment of society for the first time but also recognized the diversity and variations that exist within the transgender community. However, this achievement proved to be short-lived, as certain aspects of the act were struck down by the Federal Shariah Court, which deemed them ‘un-Islamic’ due to various possible interpretations of the act.
According to a 2016 survey, the transgender population was estimated to comprise 52,400 individuals, making up 0.02% of the entire population at the time. However, recent debates have arisen regarding survey misconduct, which has reported a drastic decline in the previously recorded numbers. The 2017 census in Pakistan counted 10,418 transgender people, but this number was later revised to 21,000.
Current Landscape
Among the rights enshrined in the Act, is a prohibition of discrimination based on education, employment, and healthcare against transgenders. It also opposes harassment based on gender, gender expression, or gender identity at home or in the workplace. In addition to this, all fundamental rights stated in the constitution are guaranteed such as the right to inheritance, education, employment, assembly, etc.
Despite the rights listed in the Act, due to the pervasive stigma surrounding trans people, they are often ostracized by their families, leaving them in precarious socio-economic conditions. As a result, many are forced to resort to vulnerable employment opportunities such as sex work, street performances, or begging. This not only strips them of their dignity but also denies them financial security, perpetuating the cycle of isolation and discrimination against them.
The situation surrounding transgender safety in Pakistan is a pressing concern that hinders the community’s ability to reach its full potential. Even though some transgender individuals have achieved remarkable professional success, comparable to that of their cisgender counterparts, they continue to face significant challenges and violence in their daily lives.
Alarming statistics reveal the dire situation faced by transgender individuals in Pakistan. A UNDP report shows that in Khyber Pakhtunkhwa province alone, a staggering 90 transgender people were killed between 2015 and 2023, while over 2,000 suffered physical violence and sexual assault. Similarly, data from the Human Rights Commission of Pakistan indicates that transgender individuals in three provinces have faced comparable levels of violence and abuse, highlighting the urgent need for protection and support.
Gateways to Inclusion
Despite numerous challenges, Pakistan has witnessed remarkable instances of transgender inclusion, paving the way for greater acceptance and empowerment of the community. Notably, individuals such as Aisha Mughal, a transgender woman who made history by contesting local elections in 2017, Dr. Sara Gill, a transgender doctor who established a clinic providing vital healthcare services, and Reem Sharif, a transgender activist who co-founded the Lahore-based organization HOPE (House of Peace and Equality), creating a safe space for transgender individuals, have been instrumental in fostering acceptance and respect for the community. These stories, along with many others, serve as powerful inspirations for other transgender individuals who aspire to secure stable and respectful employment, promoting a culture of inclusivity and empowerment.
Thanks to growing political awareness and participation of Transpeople, their voices are heard by policymakers and part of those very policymaking circles. Priority has been given to prohibiting discrimination and abolishing forced begging (Pakistan Today, 2020) and more attention is being given to transgender-inclusive healthcare, housing, and education. (Mir, 2020)
The growing presence of transgender individuals in Pakistan’s democratic institutions brings hope for dismantling discrimination. To advance gender equality, transgender politicians and advocates must have a platform to shape policy and leadership roles, upholding democratic principles of tolerance and respect for all. Shazadi Rai, a pioneering transgender legislator and founder of Trans Action KP, is a shining example. Her tireless advocacy has led to significant milestones, including the establishment of a transgender welfare board, a publicly funded school for transgender students, and initiatives promoting transgender employment. Rai’s efforts have also resulted in the issuance of gender-specific identification documents and the inclusion of a third gender category on Khyber Pakhtunkhwa’s official papers (2022). Furthermore, she has championed the creation of transgender-only hospital wards and sensitivity training for medical professionals, paving the way for a more inclusive society.
The United Nations Development Program Pakistan, formulated the National Strategic Framework for the Protection and Political Inclusion of Transgender Persons in Pakistan in December 2023, to address the challenges faced by transgenders that have resulted in hate speech, violence, and exclusion from the mainstream political landscape. Stakeholders of the process included; transgender community members, the Election Commission of Pakistan (ECP), National Database and Registration Authority (NADRA), law enforcement agencies, civil society, and political parties. A five-level strategic approach was carved out;
- Policy Reform: Championing inclusive laws and policies that safeguard transgender rights,
- Raising awareness: Educating society to foster understanding, acceptance, and empathy for transgender individuals.
- Political Empowerment: Ensuring equal access to transgender individuals to participate in political processes and decision-making.
- Protection and support: Providing safe havens and support systems for transgender individuals facing violence, discrimination and marginalization.
- Collaboration and communication: Facilitating seamless coordination among stakeholders and promoting open communication to drive collective impact.
According to the Ministry of Human Rights, around 0.3 million transgenders were officially registered with the relevant government department and a nationwide mass campaign, ‘Dukhtar’, has been launched by the government, to raise awareness as well as target the protection, employment opportunities, and skills development programs tailored specifically for the transgender community.
Key Barriers and Challenges
Transgenders in Pakistan draw their heritage from the ‘Khwajasira’ of the Mughal times, an era where they were so highly trusted that they were bestowed with the duty of guarding the harem of the ladies. Today, this community is compelled to mold itself into the confines of the two binaries of male and female. Failing to conform to either one of the identities leads to a fate where harassment, educational inaccessibility, and employment are some of the challenges they are subjected to.
The Socio-cultural aspects of South Asia have shaped a hardened taboo around Transgender identity and their inclusion in all spheres of society. The region is known for its deeply entrenched patriarchy, which not only places women as inferior to men but also sidelines any other gender identity that is not in conformity to heterosexuality which is the acceptable norm. Ancient legends about Khwajasira’s prayers being answered by God are still prevalent today. In some cultures, they are considered so wise and respectful that they are made custodians of tombs and shrines. Islam ensures equal rights and respect for all without any discrimination based on sex, gender, color, or caste. It is believed that when male-driven societies took over positions of power, they also tried to crush the role of transgender, in some African societies male to female priestesses were tribal leaders before the tides shifted and waves of masculinity brought a disorder.
Conclusion
The transgender community in Pakistan remains an untapped resource with tremendous potential to contribute to the nation’s social and economic development. While progress has been made through landmark legislation, political representation, and advocacy efforts, much more needs to be done. Systemic barriers such as violence, discrimination, and social stigma must be dismantled to unlock the full potential of transgender individuals.
To create an inclusive society, the government, civil society, and individuals must continue working in collaboration toward equal opportunities for all, regardless of gender identity. Only then can Pakistan be on track to becoming a society that truly reflects the values of equality, dignity, and respect for all.
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