Why is there no status of the third gender in Pakistan?

I - Introduction

II - Third Gender in the History

A. Origin roots from Greece

B. China – practice started

C. Mughal Empire; golden era of third gender

D. Decline during British Rule

III - Status of Third Gender in Islam

A. Division of gender in groups

B. Dealt with apparent traits of gender

C. Hadith

D. Surgery allowed making bodies in line with gender

E. Conference of Rulers in Malaysia

F. Decree of Al-Azhar

IV - Pakistani Society and Third Gender

A. Stigmatization (branded as disgraceful)

B. Social intolerance of third gender

C. Miserable life in Pakistan

D. Sources of income

E. Different belief about their birth

F. Denied Psychological and health assistance

V - Causes of dilapidated conditions in Pakistan

A. Women not successful so far

B. Alien attitude of the society

C. Unemployment attract youth to this community

E. Fabricated attitudes of third gender

F. Inclusion into the institution of prostitution

G. Disapprobation and ¬discrimination

H. Engage inappropriate activities

VI - Orders of Supreme Court – a positive step in Pakistan

A. Protection from harassment

B. Giving proper identity

C. Ensure their civil rights

VII – Suggestions to uplift status of third gender

A. Change in social behavior

B. Opportunities for employment

C. Training institutes

D. Legislation and constitutional protection

E. Proper utilization of their skills

F. Right of inheritance

G. Gender status on CNIC

H. Responsibility of Parents

I. Public awareness

VIII – Conclusion

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"We're sparrows of paradise, and they don't like us."

Third Gender referred as Hijra in Pakistani society i.e. eunuch or hermaphrodite. They consist of
hermaphrodites and women generally unable to lead normal life, unable for marriage and producing
children. Most of them are close to men but they prefer to be identified as feminine then masculine due
to their inclination to lead a life of women. A sociologist describes them as “man minus maleness” and
“man plus woman”.

Fake smile on their face, adorn themselves with kajal, makeup, lipstick, dressed in colorful saris, in a
monstrous parody of women in a unique style, they roam the busy marketplaces in groups for their
earnings. Shouting with the male voices, palms meeting crossways in a trademark clap, they prey on
liable passersby, , who will part with their cash sooner to get rid of them.

Third Gender – mostly castrated male has a long history date back to 9th Century B.C. They were in
popular demand to guard royal harems. The practice believe to have started in China, where eunuchs
were entrusted with the task of protecting royal harem and similarly, they were preferred over other
genders due to their weak characteristics and coward attitude. They were not expected for some kind of
thread which could be vulnerable for the royal harem.

The golden era for third gender was during the time of the Mughal monarchs, from 1526 to 1857, when
eunuchs and hermaphrodites oversaw the harem, often becoming key advisors. According to the
modern generation, “our forefathers served the Mughals in the palaces, and people wanted to learn
from them because they were great people". Their status deteriorated with the devastation of princely
rulers and finally fettered to begging. By then the third gender is considered social outcasts, existing in a
strange, and no man’s land.

After 1870, however, British morality laws such as the Criminal Tribes Act and the Dramatic Performance
Act restricted the activities of hijra and their inheritance and other rights, tarring them as "sodomites."
The British rulers in colonial India stripped the hijras of the laws that granted them the protection they
received under Muslim rulers and regarded them as a menace to society.
In Muslim societies and cultures people are usually expected to behave in line with their biological sex
(and/or attributed gender identity) and they are given a gender role in line with this: either male or
female. For transgender people, as well as for people who are content with their gender identity but not
with their gender role, these distinguished gender roles (constructed according to biological sex), are
problematic.

There has been little scholarly work done in this area that is accessible. Some Muslim scholars have
written about the division of gender in Islam in four groups: male, female, hermaphrodites (khunsa) and
mukhannis. Mukhannis are biological males who identify as female and want a change of their biological
sex. Mukhannas are biological males who assume a female gender role but do not wanr a change of
their biological sex. The terms khunsa, mukhannis or mukhannas are not mentioned in the Qur'an.

There are hadith referring to men and women who do not behave in line with their prescribed gender
role (e.g. a hadith in Sunan Abu-Dawud, (Bk. 32, No. 4087) referring to men who dress like women being
cursed and a hadith instructing people to turn out of their houses effeminate men and women who
assume the manners of men). However, as mentioned in the section on ‘Frameworks for Progressive
Islam’ a number of scholars have exposed the problematic nature of Hadith as a source of Muslim laws.

In most Muslim laws and societies, transgender people who’s bodies have both male and female
characteristics (hermaphrodites or intersex people), are allowed, or even encouraged, to undergo
surgery to make their bodies in line with the sex and gender division into male or female. However, for
transgender people who’s biological sex is female but who’s gender identity is male (and vice versa) and
for those who do not identify as either male or female or as both, this is usually more complicated.

Specific directives regarding eunuchs have not been covered in the Islamic Shari‘ah. Muslim scholars can
form an opinion on this matter keeping in view the spirit of the Shari‘ah. There are two major viewpoints
regarding eunuchs. According to the first view, eunuchs will be dealt with according to their apparent
traits of gender. If their physical traits relate mostly to males, for example having a beard, they would be
considered male and vice versa. The proponents of the second view hold that the religious decrees,
related with sex discrimination, are not applicable to them at all. This entails that they are not obligated
to wear the hijab and other obligations of similar nature.

In 1983 the Conference of Rulers in Malaysia decided that a ban of ‘sex change operations’ should be
imposed on all Muslims, except for hermaphrodites. Also, ‘cross-dressing’ was prohibited. In 1988 Al
Azhar, the highest Sunni Islamic authority in Egypt, gave a religious (legal) decision (fatwa) regarding
surgical treatment of intersexuals stating that ‘it is permissible to perform the operation in order to
reveal what was hidden of male or female organs. Indeed, it is obligatory to do so with the reason that it
must be considered a treatment’.

Apart from begging their sources of income are many. It's an age-old custom in the country to have third
gender bless childbirths, weddings, housewarmings and other auspicious occasions. The eunuchs are
believed to possess occult powers, and their blessings - and curses - are both considered potent.

They sing and dance and create a commotion outside the house until the mother has allowed them to
look at the baby. Once they have blessed the child they demand exorbitant sums of money in lieu of
their good wishes. The inspection also carries an ulterior motive. On rare occasions when the baby is
born a eunuch, the hijras insist that the baby is given to them. Often, the families will comply to avoid
humiliation in society, and the group will take the child away to their ghettoes to raise him as he should
be: as one of their own.

Some believe they are simply born that way - males without the male genitalia - while others will tell
you that they are really men who were forcibly castrated in their youth. Both views are true, though
natural eunuchs are a very rare occurrence and castration isn't always by force. An `operation' as hijras
call it, is cause for huge celebrations in the community. It is performed out of doors, and feasts, song
and dance are rituals that attend the event, which is orchestrated by the head of the community known
as Gurus.

Thereafter, the Guru takes over the proper upbringing of the newest member. Everything the young
hijra learns about the clan's customs and traditions is at the feet the Guru. His adopted family of fellow
hijras provides a loving environment and he is fed, clothed and looked after well until he too feels a
sense of security and well-being.

Treatment of third gender in hospitals is an issue of great concern because whenever one is admitted in
hospital, the doctors never know whether to place them in the male or female ward. They condemn all,
men and women and refuse to join either team. There are frightened of our society due to the alien
attitude of the people.

They are the creature of God if our society don’t accept hem, the fell the same in their group as if they
are the same blood. They do everything to take care of one another. Hijra have long been stigmatized
and subject to discrimination and abuse in the Islamic Republic of Pakistan, with its rigorously defined
roles for men and women.

People don't consider them as human beings. They don't like to eat with them, drink with them or shake
their hands, but they are full citizens of Pakistan like everyone else. But behind the merriment, hijra life
can be lonely and dangerous in a conservative society such as Pakistan. More so they are also denied
health and psychological/ psychotherapeutic assistance.

Desperate and unemployed youth is attracted to hijra community to earn this easy money. Secondly,
ignorance toward psychological healing of problems in most of the low class families led their children to
take shelter in the so-called safe haven of hijra community. Selling of children to hijra community due to
poverty is yet another important reason for becoming hijra.

Beside this, educated English speaking class of eunuch is enlarging in Pakistan. They do not face this
treatment because of their social and economic status in the society. They become fashion designers,
interior decorators, hair stylists’ etc. It is true that human psychology is a victim to the hegemony of
heterosexual society contrived by culture and society. But it is also sarcastic to blame whole society
wrong in its demeanor against hijras. They have their part in fabricating this attitude toward themselves.

A great number of them are turning to prostitution, which goes against the hijra ideal of asceticism.
Although nascent legal status is a first step, social acceptance is likely to take far longer. But Police
officers and residents often beat, harass, rob and sexually abuse them. A general concept in society is
established that "They pollute people's morality." The stigma attached to them since then has left them
increasingly vulnerable to theft, attack and abuse in Pakistan's male-dominated and often-feudal society.

Although most of them dress as women, they engage in activities that would be considered
inappropriate for women of the subcontinent, such as dancing in public. They almost seem to be a
caricature of women because hijras wear their hair long and wear saris and other traditional female
dresses, whereas in modern society, the upper and middle class women cut their hair and wear more
western clothes.

In a landmark decision in December, the Supreme Court ordered that they be protected from police
harassment, be eligible for a separate gender category on ID cards and be recognized under inheritance
laws. In addition to the order for government recognition 2009, Chief Justice Iftikhar Chaudhry also
issued a warning that the hijras' rights of inheritance, which are often informally ignored, would be
enforced.

Pakistan's Supreme Court has issued a number of groundbreaking orders for the government and police
to afford third gender the same civil rights as other citizens. Police have been warned to cease
harassment and intimidation. Pakistan's national database and registration authority, which issues ID
cards, has been told to research a third option under the "sex" column.

Some sociologists and legal experts have suggested that eligibility for new ID cards or other benefits
might require a physical exam and test to avoid fake cases. Complex issues still need to be resolved,
including inheritance, whether hijra merit special job or housing quotas, election registration and their
gender status on ID cards. The should be actively involved for raising awareness about AIDS because it is
reported most of them are HIV positive.

Third gender want to be decaled eunuchs, if they are eunuch, then eununch should be written instead of
men according to their demand. When they are searched at the airport and their ID says male but
wearing a dress of women, is disgusting and intolerable for them as well the authorities.

Parents should be very careful about the children showing deviant behavior. If a boy behaves in girlish
manner, he should not be encouraged. Rather, should be taken to psychiatrist immediately for
necessary treatment. Parents should have an active eye on the activities of their children reaching the
age of adolescence. They should check the company their children keep.

Government should more actively approach to homosexuals and develop public awareness program to
handle the issue. Moreover, there should be complete record of born third gender on district level. So
that these third genders can either be provided financial help publicly to restrain them from falling in
socially unacceptable activities or assigned them quota in employment.

They hope that one day they will recover their glory and prestige with the help of courts and media and
become useful citizens of the country. Moreover, it is also the responsibility of the society to treat them
as human beings and bring a change in their unfamiliar attitudes towards third gender. They must have
the rights to survive in the society instead to lead a life in seclusion.

Queer theory was first rise up in 1990s.Teresa de lauretis create verbally the term “queer theory” she
have been discussed this first about Special issues of differences in a conference at the university of
California
ALISHA TRANSGENDER TRAGEDY IN PESHAEAR (KPK)

In Peshawar a recently dreadfully tragedy of Alisha a transgender community activist 23 years old, was
shot anonymously seven times on Sunday night and left in a serious state and Alisha needing emergency
this horrifying attack was in Peshawar but the Lady Rendering Hospital (LRH) staff of doctor’s and nurse
were not ready to treat ALISHA is like a human. And they spent four hours to decide where to put
him/her in male or female ward? Due to careless care, Alisha left the world leaving the question behind.
Who am I? What am I? why I am not treated like a human being like other treated. She left the world on
the black day of 25th of May in LRH helplessTrance Action Alliance (TAA) this Support group of third
gender declared protest and claims about Alisha mistreatment. They said that after our protested Alisha
was shifted to female ward but female patients had also not acceptable her being transgender and they
said “we really don’t know what to do and where to go”. The transgender Alisha speaking out before
giving her soul “ that we are the most defenseless part of society but the government gives us none of
the rights due to over gender”. and more she said “ that Society does not accept us I think Government
and society should recognized us as disabled or special persons by the society .

In November 2016 Saudi Arabia bans transgenders to allow them to get the VISA for Religious pilgrimage
to Mecca “UMRAH” notification were issued and all the travel agents shall bound to it (Daily Pakistan
2016). According to Qamar Naseem(activist with trans action KP Pakistan) that the country rejected the
discussion leading to only resulting more confusion. Javed Ahmad Ghamidi a religious scholar told to the
Pakistan Express Tribune Newspaper, “that government has no rights to prohibit transgender people
performing hajj”. Transgender people are self-conscious, reasonable, body differences do not make
them less human being, they have rights to treated equally. He told to the news paper , “that Mecca is
the house of ALLAH so everyone should be allow to see it (Browning, 2016). 8

Pakistan documented its transgender population for the first time in the 2017 census. It has estimated
their number to be over 10,000. As per these counts, transgenders cover 0.005 percent of the total
population. In spite of this, they face many problems.Dr. Randi Kaufman, a New York-based
Psychologist, has said ‘the high rates of suicide attempts and self-harm often stem from being rejected
or not being supported. Moreover, the lives of transgender people are marked with poverty,
harassment, and other issues.

But the status of transgender people is improving gradually. The ‘Transgender Persons Bill 2017’ has
brought a ray of hope to the community. This bill is aimed at reducing many basic issues that they face.
According to this bill, transgenders will be permitted to get driving licenses. Harassment of transgenders
will be forbidden, safe houses will be constructed by the government, and they will be given the facility
of loans to start small businesses. Recently for the first time in history, a Pakistani news channel hired a
transgender as a newsreader. This anchor, named Marvia Malik, graduated in journalism and told the
BBC she was moved to tears when she was offered the job. She said she hoped her work would help
improve the lives of Pakistan’s transgender community.
Furthermore, in the last month, former Chief Justice of Pakistan Saqib Nisar announced that he would
provide jobs to two transgenders in the Supreme Court of Pakistan. For the very first time, Pakistan’s
Supreme Court will hire two transgenders to give them their rights in the Muslim-majority country