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Protection of transgender community and safeguarding their rights

By: Zainab Bashir

We sadly live in a society where adopting a third gender is a myth, we ignore the basic needs and rights of transgenders and try not to speak in favour of them. The religion we practice has taught us to consider “human” as the “most superior creature of Allah” no matter what cast you belong to, no matter what race you belong to even the religion you practice. No doubt that violence against the third gender has been increasing massively in society, rape, sexual assault, harassment this is what they have been facing for a long time now. This is one controversial debate that might have various aspects of its story but the fact that they are part of our community but the law and the system has failed to provide them complete protection to their life also it’s an open threat to their rights in the community. It is believed that the number may have risen to somewhere between 70,000 and 80,000 people, and possibly as high as 210,000 (as in the UNAIDS Pakistan reports). 6,709 transgender people live in Punjab; 2,527 in Sindh, 913 in Khyber-Pakhtunkhwa (K-P), 133 in Islamabad, 109 in Balochistan, and 27 in Federally Administered Tribal Areas (Fata).

There is a lack of educational institutions for them that could help them to understand that how important it is to acknowledge their identity with confidence and to overcome poverty. Most of the transgenders when they are born, the guardians refuse to accept them because again the negative mindset plays a role here. It is important to establish madrassah’s for them so that they could gain possible knowledge of religion as well which is the most essential part of life for any normal human. 

There is no such official restriction for them to enter Imam bargah or mosques even the public places too but the cruel ideology of people in the community is disgusted. When the families don’t accept them how would the society would accept them wholeheartedly? They are thrown away from their areas, families or even the guardians refuse to meet them for years. The rejection is leaving an impact and this is the cause of root to this issue.

These as born children require a lot of care from their loved ones and also from their community too, but sadly the reality is totally opposite to it.

They have a right to live with dignity and respect which every person requires as a normal human. The illiterate mindset has a problem for not accepting them in schools, public places, worship places etc, they beat them badly and this is how transgenders each day face violence and threat to life from us. 

The insecurity is rapidly growing inside the third gender that the only way to earn for them is possibly joining stage shows, dancing on wedding also some of them join prostitution business in order to escape the fear of violence everyday. That’s a terrible existence, to say the least but that’s how society treats them. As soon as they are born they are left with the other groups of khuwajasaras, which also includes the mentors in the groups they eventually help them to understand the true face of society and how one could possibly survive.

In 2018 The Transgender Persons (Protection of Rights) Act was introduced that made a surety that transgenders would be able to cast votes, they have exactly the same fundamental rights as normal people have, the right to education, ownership of property, the right to sign contracts, health surety, they can also hold public offices too.

But the question is even then we still hear violent crimes against the third gender. A fear to have a normal life? Why is it so? Have we asked ourselves? 

They wear shining clothes and try to make money out of standing on the streets all day, even at night, sticking around to the windows of cars for seeking help and money to feed themselves, this is not what “Protection from Law” was asked by them.

People laugh at them and give them leftover food and that’s how they spend nights on the silent streets of the country. This is not the definition of “fundamental rights of public”. Some of them are tortured to death when they refuse to have sexual relationships with men also refuse to dance or sing in the weddings, in some of the cases they were shot dead. “I don’t know anything about blood relations, all what i know is i miss my mother and when I am done with life and hardships also the negative attitude of people i miss her lap where i could cry and tell her about my feelings.” Said by Shama who is Rawalpindi based transgender, she shares two rooms with other members belonging to this gender, she comes to Islamabad to beg every single day to feed herself. According to the local group Trans Action, 479 attacks against transgender women were reported in Khyber-Pakhunkhwa province in 2018. At least four transgender women were killed there in 2018, and at least 57 have been killed there since 2015. On May 4, the fatal shooting of Muni, a transgender woman in Mansehra district, Khyber-Pakhtunkhwa province, attracted national attention. 

Such a law needs to be passed that ensures the safety of their life with proper enforcement of it, their self-identity should not be insecurity for them, there should be an option on the official documents that must have an option of their identity, they should be granted proper opportunities for jobs, education, employment, health etc.

According to the 6th Population and Housing Census, Pakistan’s transgender population stands at 10,418 — 0.005 percent of the total population of over 207 million. 

There is a concept of Guru and Chela, the guru picks transgenders from roadsides and helps them in their income they train the students that are young mostly known as Chela in order to face the community and earn through various sources, for example, dancing on the occasions. There is no doubt that most of them lack an option and are pushed to prostitution business in the society and there they are unable to make right and wrong decisions for themselves because “we are the ones” who made them feel that there is no other option other than selling their bodies. According to a United Nations AIDS survey, 42 percent of the transgender people in Pakistan are illiterate. In Khyber Pakhtunkhwa and the Punjab, 30 percent of the trans- people have finished primary school and 23 percent secondary school; about 7 percent have been to a college. 40 percent of transgender people have had no access to education.

We need to help them as humans we should because they were born this way and that’s not their fault that’s the society that made it difficult to live for them. Religion has taught us to be kind towards mankind and that’s our responsibility and we would be accountable in front of Allah’s court.

The writer is a law student and works with ‘The Dayspring’, she writes on taboo issues and has been part of campaigns for women’s rights. She can be reached at [email protected]

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