A look back towards the year 2022 and the struggles faced by Pakistan’s transgender community.
An activist for transgender people claims that our society does not have an “open heart and mind,” despite the fact that great steps have been accomplished.
The transgender community in Pakistan faced numerous obstacles in 2022, but minor advances were also taken to create a more equal society there.
However, the unfairness and discrimination the community must endure show that more change will be required in the coming years, including both structural and ideological change.
little steps
Education
The goal in 2022 was to give the trans community more educational possibilities. The Punjab government made the decision to open Lahore’s first school for transgender students in March. Only transgender kids are accepted to Barkat Market’s Gender Guardian School, which also offers free uniforms, textbooks, and transportation.
The first transgender madrassah in Lahore opened its doors in April. At her home in Johar Town, Guro Shama Jan offers transgender people religious instruction.
Later same month, the Sindh education department unveiled the first transgender education policy, which would provide opportunities for those members of the transgender community who were unable to finish their education. Additionally, it would promote their hiring as teachers.
Transgenders. IMAGES: FILEIMAGES: FILE
The decision to construct middle schools for transgender children in Rawalpindi, Attock, Jhelum, and Chakwal was authorised by the Punjab Ministry of Education in September.
The transgender community can only be empowered via education. After graduating from Jinnah Medical and Dental College (JMDC) in Karachi, transgender activist Sarah Gill became the nation’s first transgender physician at the beginning of this year.
Funding/Policy
The Punjab government introduced the “Masawaat Programme” in January, a financial support programme that offers monthly financial help of Rs. 3,000 to transgender people over the age of 40 and Rs. 2,000 to people with disabilities between the ages of 18 and 40.
The Endowment Fund for Transgender Persons was established in February with an initial budget of Rs100 million approved by the cabinet. Through this fund, government employees will receive training to assist transpeople and will be able to borrow money without paying interest.
A bill reserving a 0.5% job quota for the transgender population throughout several provincial government departments was passed by the Sindh Assembly in July. Transgender persons are now able to participate in the local government systems of 31 districts in Sindh thanks to the Local Government Amendment Act, which set aside 1% of seats for them.
In order to incorporate transgender people in the electoral process, the Election Commission of Pakistan (ECP) mandated mobile registration vans (MRVs) to ensure that transgender people were registered at their doorstep.
The Federal Shariat Court (FSC) ordered the human rights ministry to set up a specialized centre for transgender children’s child safety and to create a monitoring committee to make sure that all children are given their due rights in December.
Protest/Awareness
Rawalpindi Women’s University (RWU) organized a lecture in March with the theme “Transgender Can Play Key Role in Society, If Given Rights” to raise awareness among students.
The People’s Development Foundation, Pakistan Students Association (Canada), and Wajood Foundation organized a seminar the following month with the title “Elimination of Violence Against Transgender and Implementation of Transgender Rights Law at the Grassroots Level” to rally societal support for ending abuse and exploitation of the transgender community.
Protests are held by transgender association members. IMAGE: EXPRESS
Protests are held by transgender association members. IMAGE: EXPRESS
The Federal Ombudsman Secretariat of Protection Against Harassment (FOSPAH), in association with Transgender Rights Consultants Pakistan, commemorated the first-ever National Transgender Day in June.
In November 2022, the first-ever Sindh Moorat March was held, at which transgender people from all across Sindh gathered in one of the city’s oldest parks, carrying banners and placards. They demanded things like respect from society, protection, and equality.
A need for development
There are barriers to their execution despite good ideas like education programs, awareness campaigns, job quotas, etc. Additionally, transgender people continue to be the target of acts of violence and discrimination.
Violence
There were three significant violent occurrences in just March. In the first, Sabtin Fida, a resident of Bedadi, opened fire on five transgender people in Mansehra, inflicting injuries. The assailant was detained by K-P police, and the injured people were transferred to the hospital. A week later, one of the victims passed away from her wounds.
Later same month, a shooting incident in the Mardan district resulted in the death of Chaand, a well-known personality in the trans community, and injuries to her friend Mehboob. According to authorities, Chaand was shot over a “local disagreement.”
In the third incident, unknown motorcycle riders in Mardan opened fire on a car carrying a young transgender person, killing one and injuring the other. The alleged assailants were able to get away.
Discrimination
Dr. Mehrub Moiz Awan, a well-known trans activist, was dropped off the list of speakers for the TEDx conference that was scheduled to take place at the International School Lahore in August (ISL). According to Mehrub, the organisation blamed her dismissal on some parents’ objections to having a transgender speaker.
Joyland, a movie by Saim Sadiq, premiered at the Cannes Film Festival earlier this year to standing ovations. The movie has screened at esteemed film festivals and been nominated for, as well as winning, numerous prizes. It is also the first film from Pakistan to be included on an Oscar shortlist.
Although the movie received accolades and recognition abroad, it was not well received in Pakistan. The movie, which featured a trans lady, attracted criticism and caused controversy before it was released. The Punjab administration renewed the prohibition in the province even after the federal government lifted the restriction and allowed the movie’s release nationwide.
Maria B, a fashion designer from Pakistan, has drawn attention for opposing transgender people. She warned her fans to avoid the movie Joyland after its premiere because “it displays an adulterous liaison between two guys but also pushes gender change surgery,” and Punjab applauded the movie’s ban. She had previously backed Mehrub’s expulsion from the ISL TEDx panel. Maria has fostered prejudice against the transgender community using her position.
Implementation
Transgender activists claim that there aren’t enough efforts to establish institutions of learning for trans pupils. Activist Naghma claimed that “inadequate planning” had been made for the Lahore school’s opening. Jannat, a different community member, criticised the school’s hiring of female teachers while transgender people with college degrees are still unable to find work. The impact of these projects is impacted by the lack of community consultation.
Social activists and transgender people protest the prejudiced behaviours of civic and governmental leaders. The members demand the government fulfil its pledge to give them the 2% job quota. GENDER INTERACTIVE ALLIANCE, PHOTO COURTESY
Social activists and transgender people protest the prejudiced behaviours of civic and governmental leaders. GENDER INTERACTIVE ALLIANCE, PHOTO COURTESY
Although transpeople now have the option to identify as such on their national identification cards according to the Transgender Act of 2018, this law’s implementation has been unsuccessful. The inability to register an ID card with NADRA as a transperson affects other rights, including the ability to vote, receive the Covid-19 vaccine, and receive financial aid tailored to trans people.
Data from 36 ministries indicated that the transgender job quota had not been adhered to, according to a Ministry of Human Rights study dated November. In Sindh, no jobs were offered, and Punjab’s data was lacking.
Policy
As religious parties claimed that The Transgender Persons (Protection of Rights) Act, 2018 protects homosexuality and “serves the aims of a western agenda,” discussions on its “ambiguities” started in the middle of 2022. The transgender community, however, described this as “false propaganda.”
Ahsan Bhoon, president of the Supreme Court Bar Association (SCBA), expressed sadness about the various ways that the Transgender Rights Act has been interpreted. Azam Nazeer Tarar, the law minister, defended the Act as well as calling for changes because “every law potentially have flaws.”
Later, Siraj-ul-Haq, the leader of Jamaat-e-Islami, and the Council of Islamic Ideology (CII) deemed a number of the Act’s provisions to be against Shariah. CII requested that a committee consisting of legal and medical professionals as well as Islamic clerics and scholars analyse the legislation.
In the FSC, Jamiat Ulema-e-Islam-Fazl (JUI-F) contested the Act. The choice of JUI-F to petition against the law five years after it was passed and for going to the court rather than the parliament bothered the court, which expressed its disapproval.
In his resolution to change the transgender law, JI Senator Mushtaq Ahmad Khan also recommended the creation of a medical board that would include a psychologist. He asserted that the Act permits individuals to “at will” register as any gender. The top justice of the FSC, however, stated that the major goal of the Act was to safeguard and grant rights to transgender people.
The senator also put out an amendment bill, the Intersex Persons (Protection of Rights) (Amendment) Bill 2022, which sought to rename the law and “fix” a few clauses that were seen to be against local customs and religion. Amendments to clauses 2, 3, 7, and 8 were suggested, removing the requirement for self-declared gender and granting half of male and female inheritance to people with questionable qualities as well as both male and female characteristics.
Going forward
Although significant progress has been made this year to support and empower the transgender community in Pakistan, there are still many instances of violence against transpeople and widespread discrimination.
The establishment of schools for transgender pupils was a significant milestone, according to transactivist Jannat Ali. She didn’t believe, though, that after having an education, they would have the same access to the labour market that men and women do.
One of the major obstacles, according to Jannat, is society’s lack of acceptance. She emphasised the significance of having a “open heart and mind,” something she says is still lacking in our culture.
She claimed in an interview with The Express Tribune that despite the passage of the Transgender Rights Act, the prevalent mindset continues to be problematic and appears to “undo the progress made by the laws.”
