A discussion of the lawyer defending the rights of transgender individuals… Why is this a problem? Is it against Islam and the constitution of Pakistan? Are right-wing politicians utilizing it to sustain their politics?
It took four years for certain legislators to resist a landmark law guaranteeing the rights of transgender individuals because it violates Islam and the country’s constitution.
“This is an imposed, imported, anti-Islam and anti-Quran law,” said Senator Mushtaq Ahmed, a Pakistani politician from Jamaat-e-Islami (JI) who is leading the campaign. The West is attacking the two strongest institutions of the Muslim Ummah – the family and marriage; they want to weaken us,” he told IPS from Peshawar, adding that this “opens the door” for homosexuality and same-sex marriage.
According to Ahmed, over the past four years the government, with the assistance of non-governmental organizations, has been “shamelessly advancing the agenda of Europe and America” while labeling it “cultural terrorism.”
Additional legislators have also expressed their concerns. Mohsin Aziz, a senator for the PTI, stated that transgender individuals were homosexuals, and “Qaum-e Loot” refers to the introduction of homosexuality by the inhabitants of Sodom. “The longer it takes us to make restitution, the longer God’s anger will be upon us,” he continued. He is among those who have recently proposed legislative amendments.
Shahzadi Rai, a Karachi-based transgender individual, cautioned, “Using religion to inflame people’s emotions sets a very hazardous precedent.” Our community is unable to fight back.
Rai requested that the issue not be viewed through a “religious lens” and said, “although we do not support homosexuality.”
Dr. Sana Yasir, a physician who specializes in gender variation and physiological diversity and provides gender-affirming healthcare services, stated that homosexuality was not included in the Act.
Anis Haroon, the commissioner for the National Commission on Human Rights, which participated in consultations on the Act and completely endorsed it, stated, “The right-wing politicians require such topics to keep their politics alive.
Last year, Ahmed offered modifications to the Act, and earlier this month, he introduced a brand-new measure for the protection of khunsa, the Arabic term for those “born with birth deformities in the genitalia,” as he explained. If enacted, the Act will apply nationwide and go into effect immediately.
The trans community has categorically rejected the concept of establishing a medical board. Bindya Rana, a transgender activist from Karachi and founder and president of Gender Interactive Alliance, stated, “We will never allow anyone to inspect us” (GIA). “We know who we are just as much as the men and women in this country do!”
The proposed legislation defines khunsa as a person with “a combination of male and female genital characteristics or congenital ambiguity.” The individual will be permitted to register as male or female based on medical board certification.
“I researched the old law for two years after it was passed; held discussions with numerous jurists, including foreign jurists, medical doctors, and religious academics. Ahmed defended his stance and explained why it took four years to challenge a law passed by a two-thirds majority of the Senate and the Parliament by stating that he had drafted revisions to the 2018 law based on information gathered. He has also filed a petition against the 2018 Act with the Federal Shariat Court.
The right-wing Jamiat Ulema Islam (JUI-Fazl) and Pakistan Tehreek-e-Insaf (PTI) legislators have also expressed concern and rejected the 2018 Act.
“Allah only mentions sons and daughters in the Quran; no other gender is mentioned,” Fauzia Arshad, senator for the PTI, told IPS. She has also submitted amendments to the Senate’s human rights committee.
The nation’s highest religious advisory authority, the Council of Islamic Ideology (CII), has also deemed it unIslamic.
Dr. Qibla Ayaz, chairman of the Council of Islamic Ideology, told IPS from Islamabad, “We accept the rights of transgenders enshrined in the 2018 Act, but when psychology and sociology are brought into play, we have misgivings.” He added that the council was never contacted throughout the bill’s deliberation.
Instead of defining gender, the law has defined gender identity: as a person’s inner and individual sense of self as male, female, or a mixture of both or none, which may or may not coincide with the sex given at birth. It also refers to gender expression, which is a person’s presentation of their gender identity and/or how others perceive their gender identity.
JI defines gender as “a person’s expression consistent with the sex given to him or her at birth or according to the recommendation of a medical board.”
Ahmed stated, “We do not believe in a person’s self-perceived gender identity and are requesting the formation of a medical board to determine this.”
The sex of a person is determined by where they urinate and should be determined by a medical board, according to Arshad.
“Self-perception based on whom you believe you want to be, as opposed to who you are by birth, is not mentioned in the Quran.”
Ayaz stated, “CII has some reservations about the self-perceived identity.”
To distinguish between “genuine” and “fake” transgender individuals, Ahmed’s bill proposes the establishment of a gender reassignment medical board in each district, comprised of a professor doctor, a male and a female general surgeon, a psychologist, and a chief medical officer.
“Any sex reassignment surgery to change the genitalia will be disallowed if the individual has been diagnosed with a psychiatric condition or gender dysphoria,” he explained. Arshad concurred with this position.
“A medical board can assist individuals in determining their gender identity by providing personality tests and blood work.” They can reduce the severity of gender dysphoria by providing non-medical and medical interventions, according to Yasir.
She argued that the board cannot reject a candidate’s “experienced gender.”
Yasir said that there was no mention of a geneticist, psychiatrist, or transgender health experts on the board.
According to healthcare specialists, it is practically impossible to form medical boards across Pakistan’s 160 districts. The intricate issue necessitates genetic testing (from outside), which is costly for a resource-strapped nation such as Pakistan, and rigorous diagnosis by a limited number of specialists.
The trans community has categorically rejected the concept of establishing a medical board. Bindya Rana, a transgender activist from Karachi and founder and president of Gender Interactive Alliance, stated, “We will never allow anyone to inspect us” (GIA). “We know who we are just as much as the men and women in this country do!”
This argument has only served to validate and exacerbate transphobia.
While the law barred discrimination against transgender individuals seeking education, healthcare, work, or trade, Rana stated, “we never benefited on any score” other than the ability to change their name and gender on their national identity card, driver’s license, and passport.
“Harassment, discrimination, and violence have escalated due to Jamat-e-negative Islami’s propaganda,” claimed Islamabad-based trans activist Reem Sharif.
“A week ago, one transgender was murdered. The alleged murderer is currently behind bars, but he informed police during interrogation that he was on jihad because killing transgenders would get him directly to heaven. “He is confident he will be released and will complete the task,” stated Rai.
Two weeks ago in the city of Swabi, Khyber Pakhtunkhwa, three prominent transwomen were brutally attacked. “Several bullets were fired at them, but fortunately they all survived,” she stated. The attack generated dread and terror throughout the neighborhood. The transphobia, according to Rai, “was controlled, but is now out in the open.”
“There is a clear pushback,” concurred Moon Chaudhary of Lahore. “Ten days ago, several transgender people were publicly harassed in an upscale area of Lahore. She stated that they were forcibly disrobed, questioned about their gender, and then raped.
Aisha Mughal asserts that “more visible trans activists” such as herself are increasingly feeling unsafe. “Bullying is occurring, and people are threatening publicly. She receives dozens of text messages from unknown senders that refer to her as a “guy,” causing her “mental pain.”
Rai stated that she feared for her life since she aggressively defended the law on various television networks and in debates arranged by clerics. “I’m concerned and have instructed my roommates to be careful and take further steps when allowing their pals to visit.”
Additionally, transgender activists battle on another front: the internet.
“I am misgendered on national television; the same tapes are then posted on social media, causing them to go viral.” “I am accused of being a man who posed as a woman,” Mughal claimed. She stated that others are inciting a war against them and establishing a “dangerous precedent.”
I believed I was tough and could withstand online bullying, but it is taking a toll and damaging my mental health,” acknowledged Rai. For instance, 600 of the 900 comments on a social media video clip were hostile. Some of the comments were downright vicious, advocating for her murder or the burning of her body. “Vulgar messages are being attached to my photographs,” she continued.
Although Rana acknowledged that the fight against the 2018 law has caused “irreparable harm” to the transgender cause, she is certain that the newly-introduced bill by JI was merely an attempt to stir up controversy and would not become law.
“Everything we’ve worked for over the years has been for nothing,” she bemoaned. While the law barred discrimination against transgender individuals seeking education, healthcare, work, or trade, Rana stated, “we never benefited on any score” other than the ability to change their name and gender on their national identity card, driver’s license, and passport. Even that was a huge victory for us,” she remarked. Approximately 28 thousand transgender people had their gender fixed. Now, though, even this right is in jeopardy.
Ahmed stated that his struggle would persist. “If the khunsa bill fails to garner support, JI will take it to the Supreme Court of Pakistan and begin public protests,” he said, adding, “It’s a ticking time bomb!”
