Disdain Transgender their rights and obligations

  • Share this:

The most vulnerable people in Pakistan, who are marginalized by the society from social, culture and political streams, are transgender. Pakistan is an Islamic State and Islam provides equal rights to everyone irrespective of class or gender. But the Transgender are a suppressed class of people here, neglected by the government and the local society. There are many NGO’s working for human rights in Pakistan but they ignored this issue of transgender. It is very startling that transgender is obliterated from the society in every walk of life including education, health care and security.  


Let’s just first pay some heed to, what is transgender? Who are they? What are their roles? Are they transgender by choice or by birth? Transgender is a term which expiates people whose sexual characteristics are abnormal at the time of their birth. Thus, transgender is a person whose sexual identity is not confirmed, neither male nor female gender. For this reason, they are classified as a third gender. According to a recent survey of transgender sex, about one-third of 50 children are noticed with chronic tendencies of transgenderism. Hence, they are by birth transgender because their identity differs from that of normal male or female sex.


The significant population of transgender in the world is quite remarkable. According to United Nations Human Rights Commission, transgender population faces extreme violence and discrimination which needs to be improved systematically. Different states in the world are evasive towards transgender which leaves them in the state of bereft and perils.


In Pakistan, a transgender is a very disrespectful figure. His life is totally apart from the normal life in the society. Their role is just limited to dance and make people happy. They are usually invited on festivals, marriage ceremonies and other big events. Due to their gender and role, they are considered ignominy and are called by many different names such as Hira, Sawara and Khusra. The reason of calling these names signifies the degree of disarray because the society does not prompt to accept them as human beings.


The government and the local community make them distant from becoming human being or part of the society. Since transgender people comprise in minimal number, they are isolated from economic, culture and social sphere. It is because society does not want to recognize their identity and dignity. In this instance, they generally become part of dancing, whoring and street walking. Education is mandatory for all Pakistani according to Constitution of 1973 irrespective of gender. But transgender group are neglected as staff and public feel shame in allowing them to acquire equally what others are acquiring.


It was a shameful incident that took place in Peshawar. A recent dreadful tragedy of Alisha a transgender community activist 23-year-old, was shot anonymously seven times on 23 January 2017. Alisha was left in a serious state and was taken to a nearby hospital, where the hospital was not ready to treat Alisha. And they spent four hours to decide whether to put him or her in male or female ward? Due to such hesitation, Alisha left the world leaving the question behind. who am I? what am I? why I am not treated like a human being? According to the sources, LRH hospital staff didn’t give her the medical care essential to save her life.


Moreover, people in Pakistan should contemplate that sexual disorder in the hormones don’t make any difference. Those who are medically fit and those who born with some fatal disease are not responsible for their distinctive births, transgenderism is a disorder in sexual hormones also. In Pakistani society transgender are considered aliens, even though they have the right to live among us. As in 2013 Supreme Court of Pakistan stated that the transgender must be treated as equal citizens of Pakistan, enjoying the same constitutional rights. Among other rulings, the Supreme Court also conferred the rights to transgender persons of inheritance, identity, employment and protection from harassment by law enforcement authorities. In March 2018, The Transgender Persons Act 2018 was enacted to ensure transgender rights and perceived gender identity. It also spelled out their fundamental rights, including inheritance, education, employment, vote, holding of public office, health, assembly, access to public spaces and property.


Having considered all the legal rules and regulations, still transgender community faces ritual discrimination and vehement disintegration from the society at large. The first and foremost thing the state should do is to allow them to participate in decision making process. There should be separate quota system of transgender people as well. Then the next step would be to set up a separate commission to monitor their legal rights and obligations. This will allow them to acquire education, access health services and security of life. The Human Right Commission in Pakistan should also monitor transgender role in the community especially at local level as well as district level. All the state public authorities should devise a strict based rule known as “violator of human rights should be punished”. This will ensure safety and ability to become human as other Pakistani humans are.


We must not forget that we all are Muslims and one day we all have to face ALLAH. Islam is not only the religion of submitting Will to Allah but it is also a religion of humanity and equality. All human beings irrespective of class, race, sex, color and gender are equal except in deeds (Bani Israel).


Sher Afghan

Sher Afghan

An experienced legal professional (LLB, BCom & LLM) with a reputation for integrity, innovative thinking and a proven understanding of the law and legal system in New South Wales and Lahore. Aside from a lawyer, I am a Confident communicator and writer who is able to liaise directly with statutory agencies and non-statutory agencies, Research Societies, Educational institutions and other legal and non-legal parties.