کھسرے خواجہ سرا معاشرا ان سے نفرت کيوں کرتا ھے
impossible for a common man to understand, accept and Understanding Genders
tolerate their presence as part of society. The situation is more or “Science explained people, but could not understand them. After
less the same across the world. Of late there has been seen a long centuries among the bones and muscles it might be
grudging acceptance and understanding, but that is still not advancing to knowledge of the nerves, but this would never give
enough. understanding,”… poignantly put by E.M Forester, these words
stand true, especially when it comes to the general
understanding and attitudes of most of us towards accepting the The Third Sex – What Does It Mean
presence of the third gender. Several terms are used nationally and internationally to refer to
people who do not fall in one of the categories of the established
Our innate predisposition to shun the oddities of nature can be gender identities: male or female. However, the most
one reason, but cannot be an excuse for this lack of commonly used terms in English language are transgender,
understanding and an overall insensitivity and unacceptability of eunuch, transsexual, transvestite and hermaphrodite. In
a person's non-conformity to the established traditional gender Pakistan, khawaja sara, murat, hijra and khusra are widely used
continuum. The fact of the matter is that the binary division of to refer to such people.
genders is so deeply embedded in our minds that a person can
only be a man or a woman to demand his share of respect and Intersexual/Hermaphrodite is a person who may have
rights as a human being. biological characteristics of both the male and female sexes. In
simple words, human beings whose biological sex cannot be
Gender non-conformity is relentlessly punished through classified as clearly male or female are classified as intersexual
marginalization and by pushing the non-conformists to the or hermaphrodites.
fringes of the society; thus, making these stigmatized beings
vulnerable to the unthinkable psychological and physical Eunuch is a castrated man; usually one castrated early enough to
violence. have major hormonal consequences. Over the millennia, they
have performed a wide variety of functions in many different
The dominant discourse on human rights in Pakistan has yet to cultures such as: courtiers or equivalent domestics, treble
discern gender non-conformists human rights abuses as an singers, religious specialists, government officials, military
issue. commanders, and guardians of women or harem servants. In
some translations of ancient texts, individuals identified as
Sensational and vague stories surrounding the third gender eunuchs sometimes included m
about eight months ago. “About eight months ago, when I was influential social or political groups.
walking back to my house, a group of local hustlers kidnapped
me. They took all the money I had, and raped me. Later, after Hina's case was, however, registered and while the verdict
beating the hell out of me, they cut my long hair off with a knife, awaits, she hopes to get some redressal for the brutality she
threw me in the street and ran away.” suffered. “I cannot understand the insensitivity and indifference
of those who refuse to take a stand when they see abuse
“None of my neighbors came to my rescue,” said Pathani, her perpetrated on us by miscreants,” said Rana indignantly. “No
eyes welling up with hurt and disgrace. “Even when I was lying matter how outrageous their behavior, others often stand by and
half dead in the street no one came to help.” inadvertently fuel this abominable behavior,” continued Rana in
an injured tone.
This is not an unusual incidence of violence and disgrace in a
khawaja sara's life. Hina's story is one among many similar stories of discrimination.
Various forms of discrimination impacting khawaja saras include
But what makes Hina's case extraordinary is her courage and workplace discrimination, housing discrimination,
Bindya Rana's support. Rana, president of Gender Interactive discrimination in public accommodations, and bias-motivated
Alliance (GIA), a non-governmental organization (NGO) working violence. Due to their physical and/or psychological state
for the protection of the rights of khawaja saras' is also the khawaja saras' in Pakistan put up with, a disproportionate
official spokesperson for the khawaja sara community in Sindh. amount of homelessness, unemployment, low income and
other financial disadvantages. Harassment and discrimination at
It was Rana who heard about the unpleasant incident and took educational institutions, workplaces and health facilities are the
Hina to a nearby hospital and registered a case against the most recurrent complaints.
kidnappers. She not only reported the case in the police station,
but also pursued it in the Sindh High Court. Holistically speaking, societal values, traditions,
misrepresentation and misinterpretation of religion not only
Sharing her disgruntlement, Rana said: “This shocking instance support, but also reinforce aggression, violence and oppression
of brutal violence portrays the ever-present fear under which a against khawaja saras. The general public considers them sleazy
khawaja sara leads her life,” explained Rana. and evil for their inappropriate behavior, vulgar gesticulation,
obscene language, sundry jokes and involvement in sex work.
Hina was lucky, because many a times the violence is inflicted by Interestingly, intolerance of the general society against khawaja
the police itself, and such cases mostly go unreported, said Rana. saras based on their actual or perceived gender identity or
In many instances, the police is found to either be the direct expression adversely affects their psychological, physical, social,
source of violence, or protecting the assailants belonging to and economic well-being.
discrimination against
khawaja sara in Pakistan is the state itself. Pakistani law, which is
a confused mixture of colonial and Islamic views, makes
discrimination the structural feature of transgender community.
There are various acts and provisions that are misused against
khawaja sara by the police for extortion of money and abuse. For
instance:
Article 141 - An assembly of five or more persons is designated
an "unlawful assembly" if the common object of the persons
composing that assembly is...To commit any mischief or criminal
trespass, or other offense. invite unwarranted authority of police to their already miserable
lives. Oppression inflicted by the police was a major concern that Article 268 - A person is guilty of a public nuisance who does any
was expressed by the khawaja sara community. The various act or is guilty of an illegal omission which causes any common forms in which this oppression takes place include extortion, injury, danger or annoyance to the public or to the people in physical and verbal abuse, and illegal detention. It is extremely general who dwell or occupy property in the vicinity, or which difficult to trace the number and pervasiveness of such incidents must necessarily cause injury, obstruction, danger or annoyance
as there are no police records. There is a dire need to warrant to persons who may have occasion to use any public right.
comprehensive investigation into such charges.
Article 269 - Whoever unlawfully or negligently does any act In addition to this, the civil aspect of law totally ignores their which is, and which he knows or has reason to believe to be, demands of citizenship and equality in rights by making likely to spread the infection of any disease dangerous to life, identification on the basis of sex within the binaries of male and shall be punished with imprisonment of either description for a female, a crucial requirement. Absence to fulfill this requirement term which may extend to six months, or with fine, or with both. deprives them from various rights including their right to vote,
right to own property, right to education, employment, health Article 290 - Whoever commits a public nuisance in any case not facilities and so on. Such denial adds to the seclusion of this otherwise punishable by this Code, shall be punished with fine
community from the fabric of Pakistani civil society. which may extend to six hundred rupees.
A Favorable Verdict – Only On Paper? Article 294 - Prohibits any "obscene" public acts, songs, music or
poems. Supreme Court's monumental verdict, delivered on November,
2009 was a watershed decision on affirming khawaja saras'
Article 371A community's rights in Pakistan. The court not only ordered a - Whoever sells, lets to hire, or otherwise disposes
of any person with survey of khawaja sara citizens of Pakistan, but also instructed intent that such a person shall at any time be
employed or used the National Database and Registration Authority (NADRA) to for the purpose of prostitution or illicit
issue new computerized National Identity Cards (CNIC) to them intercourse with any person or for any unlawful and immoral
purpose indicating their status rather than classifying them as
, or knowing it to be likely that such person shall at any
men/women. With these new CNICs their gender identity will time be employed or used for any such, purpose, shall be
punished with be acknowledged and they would be able to benefit from imprisonment which may extend to twenty-five
years Benazir Income Support Programme (BISP) and other
, and shall also be liable to fine.
government welfare schemes.
Article 377 - Whoever voluntarily has carnal intercourse against
The court ruling primarily deals with the issue of the khawaja the order of nature with any man, woman or animal, shall be
punished with sara community regarding harassment and illegal police imprisonment for life, or with imprisonment of
either description detention. It has also issued orders to guarantee health care and for a term which shall not be less than two
years nor more their right to inheritances, which are sometimes, denied by their than ten years, and shall also be liable to fine.
Penetration families who have rejected them due to their gender non- is sufficient to constitute the carnal intercourse
neces conformity. The court has also asked provincial governments to sary to the offence described in this section.
provide progress reports on what steps they are taking to
Criminalizing improve the current situation of transgender community. the very existence of the khawaja sara these laws
impossible for a common man to understand, accept and Understanding Genders
tolerate their presence as part of society. The situation is more or “Science explained people, but could not understand them. After
less the same across the world. Of late there has been seen a long centuries among the bones and muscles it might be
grudging acceptance and understanding, but that is still not advancing to knowledge of the nerves, but this would never give
enough. understanding,”… poignantly put by E.M Forester, these words
stand true, especially when it comes to the general
understanding and attitudes of most of us towards accepting the The Third Sex – What Does It Mean
presence of the third gender. Several terms are used nationally and internationally to refer to
people who do not fall in one of the categories of the established
Our innate predisposition to shun the oddities of nature can be gender identities: male or female. However, the most
one reason, but cannot be an excuse for this lack of commonly used terms in English language are transgender,
understanding and an overall insensitivity and unacceptability of eunuch, transsexual, transvestite and hermaphrodite. In
a person's non-conformity to the established traditional gender Pakistan, khawaja sara, murat, hijra and khusra are widely used
continuum. The fact of the matter is that the binary division of to refer to such people.
genders is so deeply embedded in our minds that a person can
only be a man or a woman to demand his share of respect and Intersexual/Hermaphrodite is a person who may have
rights as a human being. biological characteristics of both the male and female sexes. In
simple words, human beings whose biological sex cannot be
Gender non-conformity is relentlessly punished through classified as clearly male or female are classified as intersexual
marginalization and by pushing the non-conformists to the or hermaphrodites.
fringes of the society; thus, making these stigmatized beings
vulnerable to the unthinkable psychological and physical Eunuch is a castrated man; usually one castrated early enough to
violence. have major hormonal consequences. Over the millennia, they
have performed a wide variety of functions in many different
The dominant discourse on human rights in Pakistan has yet to cultures such as: courtiers or equivalent domestics, treble
discern gender non-conformists human rights abuses as an singers, religious specialists, government officials, military
issue. commanders, and guardians of women or harem servants. In
some translations of ancient texts, individuals identified as
Sensational and vague stories surrounding the third gender eunuchs sometimes included m
about eight months ago. “About eight months ago, when I was influential social or political groups.
walking back to my house, a group of local hustlers kidnapped
me. They took all the money I had, and raped me. Later, after Hina's case was, however, registered and while the verdict
beating the hell out of me, they cut my long hair off with a knife, awaits, she hopes to get some redressal for the brutality she
threw me in the street and ran away.” suffered. “I cannot understand the insensitivity and indifference
of those who refuse to take a stand when they see abuse
“None of my neighbors came to my rescue,” said Pathani, her perpetrated on us by miscreants,” said Rana indignantly. “No
eyes welling up with hurt and disgrace. “Even when I was lying matter how outrageous their behavior, others often stand by and
half dead in the street no one came to help.” inadvertently fuel this abominable behavior,” continued Rana in
an injured tone.
This is not an unusual incidence of violence and disgrace in a
khawaja sara's life. Hina's story is one among many similar stories of discrimination.
Various forms of discrimination impacting khawaja saras include
But what makes Hina's case extraordinary is her courage and workplace discrimination, housing discrimination,
Bindya Rana's support. Rana, president of Gender Interactive discrimination in public accommodations, and bias-motivated
Alliance (GIA), a non-governmental organization (NGO) working violence. Due to their physical and/or psychological state
for the protection of the rights of khawaja saras' is also the khawaja saras' in Pakistan put up with, a disproportionate
official spokesperson for the khawaja sara community in Sindh. amount of homelessness, unemployment, low income and
other financial disadvantages. Harassment and discrimination at
It was Rana who heard about the unpleasant incident and took educational institutions, workplaces and health facilities are the
Hina to a nearby hospital and registered a case against the most recurrent complaints.
kidnappers. She not only reported the case in the police station,
but also pursued it in the Sindh High Court. Holistically speaking, societal values, traditions,
misrepresentation and misinterpretation of religion not only
Sharing her disgruntlement, Rana said: “This shocking instance support, but also reinforce aggression, violence and oppression
of brutal violence portrays the ever-present fear under which a against khawaja saras. The general public considers them sleazy
khawaja sara leads her life,” explained Rana. and evil for their inappropriate behavior, vulgar gesticulation,
obscene language, sundry jokes and involvement in sex work.
Hina was lucky, because many a times the violence is inflicted by Interestingly, intolerance of the general society against khawaja
the police itself, and such cases mostly go unreported, said Rana. saras based on their actual or perceived gender identity or
In many instances, the police is found to either be the direct expression adversely affects their psychological, physical, social,
source of violence, or protecting the assailants belonging to and economic well-being.
discrimination against
khawaja sara in Pakistan is the state itself. Pakistani law, which is
a confused mixture of colonial and Islamic views, makes
discrimination the structural feature of transgender community.
There are various acts and provisions that are misused against
khawaja sara by the police for extortion of money and abuse. For
instance:
Article 141 - An assembly of five or more persons is designated
an "unlawful assembly" if the common object of the persons
composing that assembly is...To commit any mischief or criminal
trespass, or other offense. invite unwarranted authority of police to their already miserable
lives. Oppression inflicted by the police was a major concern that Article 268 - A person is guilty of a public nuisance who does any
was expressed by the khawaja sara community. The various act or is guilty of an illegal omission which causes any common forms in which this oppression takes place include extortion, injury, danger or annoyance to the public or to the people in physical and verbal abuse, and illegal detention. It is extremely general who dwell or occupy property in the vicinity, or which difficult to trace the number and pervasiveness of such incidents must necessarily cause injury, obstruction, danger or annoyance
as there are no police records. There is a dire need to warrant to persons who may have occasion to use any public right.
comprehensive investigation into such charges.
Article 269 - Whoever unlawfully or negligently does any act In addition to this, the civil aspect of law totally ignores their which is, and which he knows or has reason to believe to be, demands of citizenship and equality in rights by making likely to spread the infection of any disease dangerous to life, identification on the basis of sex within the binaries of male and shall be punished with imprisonment of either description for a female, a crucial requirement. Absence to fulfill this requirement term which may extend to six months, or with fine, or with both. deprives them from various rights including their right to vote,
right to own property, right to education, employment, health Article 290 - Whoever commits a public nuisance in any case not facilities and so on. Such denial adds to the seclusion of this otherwise punishable by this Code, shall be punished with fine
community from the fabric of Pakistani civil society. which may extend to six hundred rupees.
A Favorable Verdict – Only On Paper? Article 294 - Prohibits any "obscene" public acts, songs, music or
poems. Supreme Court's monumental verdict, delivered on November,
2009 was a watershed decision on affirming khawaja saras'
Article 371A community's rights in Pakistan. The court not only ordered a - Whoever sells, lets to hire, or otherwise disposes
of any person with survey of khawaja sara citizens of Pakistan, but also instructed intent that such a person shall at any time be
employed or used the National Database and Registration Authority (NADRA) to for the purpose of prostitution or illicit
issue new computerized National Identity Cards (CNIC) to them intercourse with any person or for any unlawful and immoral
purpose indicating their status rather than classifying them as
, or knowing it to be likely that such person shall at any
men/women. With these new CNICs their gender identity will time be employed or used for any such, purpose, shall be
punished with be acknowledged and they would be able to benefit from imprisonment which may extend to twenty-five
years Benazir Income Support Programme (BISP) and other
, and shall also be liable to fine.
government welfare schemes.
Article 377 - Whoever voluntarily has carnal intercourse against
The court ruling primarily deals with the issue of the khawaja the order of nature with any man, woman or animal, shall be
punished with sara community regarding harassment and illegal police imprisonment for life, or with imprisonment of
either description detention. It has also issued orders to guarantee health care and for a term which shall not be less than two
years nor more their right to inheritances, which are sometimes, denied by their than ten years, and shall also be liable to fine.
Penetration families who have rejected them due to their gender non- is sufficient to constitute the carnal intercourse
neces conformity. The court has also asked provincial governments to sary to the offence described in this section.
provide progress reports on what steps they are taking to
Criminalizing improve the current situation of transgender community. the very existence of the khawaja sara these laws
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