Year in review: Struggle of Pakistan's transgender community in 2022

Trans activist says although positive steps have been taken, an ‘open heart and mind’ are lacking in our society

The year 2022 has posed many challenges for the transgender community in Pakistan, but small steps were also taken to make the country a more equal society.

The discrimination and injustice faced by the community, however, indicate the need for greater change in the coming years through both structural reform and ideological change.

Small steps

Education

In 2022, there was a focus on increasing educational opportunities for the trans community. In March, the Punjab government decided to open the first school for trans people in Lahore. Gender Guardian School, located in Barkat Market, admits only transgender students and provides school uniforms, books, and transport free of charge.

In April, Lahore’s first madrassah for transpersons was established. Guro Shama Jan provides religious education for transpersons at her residence in Johar Town.

Later that month, the Sindh education department announced the first-ever transgender education policy that would give members of the transgender community who were unable to complete their education an opportunity to do so. It would also encourage their recruitment as teachers.

PHOTO: FILE

In September, the Punjab Ministry of Education approved the decision to build middle schools for transgender children in Rawalpindi, Attock, Jhelum, and Chakwal.

Education is integral to empowering the transgender community. Early this year, transgender activist Sarah Gill became the country’s first transgender doctor after graduating from Jinnah Medical and Dental College (JMDC) in Karachi.

Funding/Policy

In January, the Punjab government launched a financial aid programme called the ‘Masawaat Programme’ that provides monthly financial assistance of Rs3,000 to transgender persons over 40 years of age and Rs2,000 for those between 18-40 years with disabilities.

In February, the cabinet approved the establishment of the Endowment Fund for Transgender Persons initially allocating Rs100 million for the purpose. Through this fund, transpersons will be provided interest-free loans and government officers will be trained to facilitate them.

In July, the Sindh Assembly passed a law reserving a 0.5% job quota for the transgender community within various provincial government departments. The Local Government Amendment Act reserved 1% of seats for transgender people, allowing them to play a role in the local government structure of 31 districts of Sindh.

In October, the Election Commission of Pakistan (ECP) made it mandatory for mobile registration vans (MRVs) to ensure the registration of transgender persons at their doorstep to include them in political process.

In December, the Federal Shariat Court (FSC) directed the human rights ministry to establish a specialised child protection centre for transgender children and form a monitoring committee to ensure the provision of due rights.

Protest/Awareness

In March, a seminar titled "Transgender Can Play Key Role in Society, If Given Rights," was organised by Rawalpindi Women University (RWU) to create awareness among students.

The following month, a seminar titled 'Elimination of Violence Against Transgender and Implementation of Transgender Rights Law at the grassroots level' was organised by the People's Development Foundation, Pakistan Students Association (Canada) and Wajood Foundation to garner societal support to end violence against and exploitation of the transgender community.

Members of the transgender association protest. PHOTO: EXPRESS

In June, the first-ever National Transgender Day was celebrated at the Federal Ombudsman Secretariat of Protection Against Harassment (FOSPAH) in collaboration with Transgender Rights Consultants Pakistan.

The first-ever Sindh Moorat March also took place in November 2022, where members of the transgender community from all over Sindh, carrying banners and placards, assembled at one of the oldest parks in the city. Their demands included equality, due rights, protection and respect in society.

Need for improvement

Despite positive initiatives such as education schemes, awareness campaigns, job quotas, etc., there are obstacles to their implementation. Additionally, incidents of violence and discrimination against transgender people continue.

Violence

Three major incidents of violence occurred in March alone. In the first, five transgender people were injured after Sabtin Fida, a resident of Bedadi, opened fire on them in Mansehra. K-P police arrested the attacker and the injured persons were taken to the hospital. About a week later, one succumbed to her injuries.

Later that month, a renowned figure in the trans community, Chaand, was killed while her friend Mehboob sustained injuries during a firing incident in the Mardan district. Officials say Chaand was shot over a ‘local dispute’.

In the third incident, a young trans person was killed and another injured when unidentified motorcyclists opened fire on their car near Charsadda Chowk Museum in Mardan. The alleged attackers managed to escape.

Discrimination

In August, Dr Mehrub Moiz Awan, a prominent trans activist, was removed from the panel of speakers at the TEDx conference to be held at the International School Lahore (ISL). Mehrub claimed the institution attributed her removal to the disapproval some parents showed at having a transgender speaker.

Earlier this year, Saim Sadiq’s film Joyland was screened at the Cannes Film Festival where it received a standing ovation. The film has been nominated for and won multiple awards, and screened at prestigious film festivals. It is also the first Pakistani movie to be shortlisted for an Oscar.

Despite international recognition and praise, the film was not welcomed the same way in Pakistan. Starring a trans woman, the film received backlash resulting in controversy around its release. Although the federal government revoked its ban and cleared the film for release across the country, the Punjab government reinstated the ban in the province.

Pakistani designer Maria B has stood out for voicing her views against transpersons. Upon Joyland’s release, she urged her followers to boycott the film as “it shows an extramarital affair between two men but also encourages gender transition surgery,” and celebrated its ban in Punjab. Earlier, she supported Mehrub’s exclusion from the TEDx panel at ISL. Maria has used her platform to spread hostility towards the transgender community.

Implementation

Transgender activists have argued that initiatives to set up educational institutions for trans students are lacking. Activist Naghma said there was “inadequate preparation” for the school being set up in Lahore. Another member of the community, Jannat, criticised the employment of female teachers in the school while educated transpersons remain unemployed. The lack of consultation with the community these projects aim to serve affects their impact.

Transgender and social activists protest the discriminatory attitudes of government and civic authorities. PHOTO COURTESY: GENDER INTERACTIVE ALLIANCE

Although the Transgender Act, 2018, gave transpersons the right to identify as such on their national identity cards, the implementation of this law has not been successful. Not being able to register an ID card with NADRA as a transperson impacts other rights, such as participating in elections, receiving the Covid-19 vaccine, or availing trans-specific financial aid.

According to a Ministry of Human Rights report in November, data from 36 ministries showed that the transgender job quota had not been followed. No jobs were given in Sindh and the data for Punjab was incomplete.

Policy

In mid-2022, conversations regarding the “ambiguities” in The Transgender Persons (Protection of Rights) Act, 2018 began as religious parties alleged that it gives legal protection to homosexuality and “serves the purposes of a western agenda”. However, the transgender community referred to this as “false propaganda”.

Supreme Court Bar Association (SCBA) President Ahsan Bhoon regretted the different interpretations of the Transgender Rights Act. Law Minister Azam Nazeer Tarar also defended the Act while encouraging amendments to it as “any law could have loopholes”.

Later, Jamaat-e-Islami chief Siraj-ul-Haq and the Council of Islamic Ideology (CII) declared several provisions in the Act as inconsistent with Shariah. CII asked the government to form a committee of Islamic clerics and scholars as well as legal and medical experts to review the legislation.

Jamiat Ulema-e-Islam-Fazl (JUI-F) challenged the Act in the FSC. The court expressed displeasure over JUI-F’s decision to file a petition against the law five years after it was passed and for approaching the court instead of the parliament.

JI Senator Mushtaq Ahmad Khan submitted a resolution to amend the transgender law, adding that a medical board should be formed, including a psychologist. He claimed that the Act allows people to register themselves under any gender “at will”. However, the FSC chief justice said that the main objective of the legislation was to protect and give rights to the transpersons.

Further, the senator presented an amendment bill, Intersex Persons (Protection of Rights) (Amendment) Bill 2022, which sought to change the title of the legislation and “correct” certain provisions believed to be contrary to the country’s traditions and religion. Amendments were proposed in clauses two, three, seven and eight, giving persons with dubious, as well as both male and female characteristics, half of male and female inheritance, and removing the provision of self-declared gender.

Looking ahead

Although notable progress has been made to aid and empower the transgender community in Pakistan this year, there continues to be rampant discrimination and numerous incidents of violence against transpersons.

Transactivist Jannat Ali recognised the progress made with the opening of schools for transgender students. However, she doubted that after receiving an education, the job market would be open to them the way it is for men and women.

Jannat said that society’s lack of acceptance is one of the biggest challenges, highlighting the importance of an “open heart and mind” which she believes remains lacking in our society.

Speaking to The Express Tribune, she said that although the Transgender Rights Act was passed, the dominant mindset remains a challenge and seems to “reverse the progress made by the laws”.