Transgender People and Human Rights Issues in Pakistan
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Transgender People and Human Rights Issues in Pakistan Muhammad Ali Awan Institut für Ethnologie (Anthropologie) Philosophie und Geschichtswissenschaften Johann Wolfgang Goethe-Universität, Frankfurt am Main Deutschland 2019 Transgender People and Human Rights Issues in Pakistan Muhammad Ali Awan Thesis submitted to the Institute of Ethnology (Anthropology) for the partial fulfilment of the award of PhD Degree in Anthropology Department of Social and Cultural Anthropology Faculty 8 | Philosophy and History Johann Wolfgang Goethe University, Frankfurt/Main Germany 2019 i ii Contents Acronyms .................................................................................................................................. iv Acknowledgement .................................................................................................................... vi Abstract .................................................................................................................................... vii Chapter 1: The Position of Hijra (Transgender) People: From Past to Present ..................... 1 Chapter 2: Research Methodology ...................................................................................... 44 Chapter 3: Socioeconomic and Demographic Profiling of Hijra People and Types of Hijra Identities ............................................................................................................................ 73 Chapter 4: Gender of Gender Variant Child ...................................................................... 101 Chapter 5: Kinship and Social Organization of the Hijra Community .............................. 134 Chapter 6: The Economic Organization and Structure of the Hijra Community .............. 168 Chapter 7: The Dynamics of Human Rights Violations in the Lives of Hijra People....... 203 Conclusion ............................................................................................................................. 266 Bibliography .......................................................................................................................... 274 iii Acronyms CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment CEDAW Convention on the Elimination of All Forms of Discrimination against Women CNIC Computerized National Identity Card CRC Committee on the Rights of the Child HRC Human Rights Committee ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICRMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ILGA International lesbian, gay, bisexual, trans and intersex association IPC Indian Penal Code LGBTI Lesbian, Gay, Bisexual, Transgender and Intersex MENA Middle East and North Africa NADRA National Database and Registration Authority, Pakistan NGOs Non-Governmental Organization OHCHR Office of the High Commissioner for Human Right PPC Pakistan Penal Code SC Supreme Court UDHR Universal Declaration of Human Rights UK United Kingdom UN United Nations UNDP United Nation Development Programme UNHR United Nation Human Right iv UNHCR United Nations High Commissioner for Refugees USAID United States Agency for International Development US United States v Acknowledgement It is an immense pleasure to express heartfelt gratitude to my supervisor Prof. Susanne Schröter for the utmost support throughout my Ph.D study period. She remained an inspirational force and kept me motivating to continue steady progress. I also could not forget to remember guidance of Prof. Andrea Fleschenberg, who guided me in the formative research, prior to Ph.D. and in Ph.D. field data collection. She was always instrumental and available to show me new horizons. A very special thanks goes to the Higher Education Commission (HEC) of Pakistan and Deutscher Akademischer Austauschdienst (DAAD) for financial and administrative support. It was not possible to pursuit and complete my studies without their support. I express deep gratitude to the transgender community of Rawalpindi and Islamabad. They always gave me their precious time and shared detailed information about the culture of hijra community. Particularly, I appreciate the role of Nadeem Kashish, FDI, Guru Safdari, Guru Babbli Malik, Sonia, and Roshni. I would like to express my sincere gratitude to my colleague Mr. Oliver Bertrand for his utmost administrative support. He has always supported me to fulfil administrative prerequisites of the Goethe University Frankfurt am Main, DAAD, Germany and HEC Pakistan. I acknowledge patience and support extended by my very special office mates and friends Evin Jacob, Mr. Suneel Kumar, Angela Vardopoulus, Dr. Mohammad Rezaei, Fabian Sinning, and Dr. Homayoun Alam. Particularly, Dr. Swantje Bartschat who always gave me warm feelings and kept me motivating toward the achievement of Ph.D. goal. I am also grateful of help extended to me by Katja Rieck and Mr. Maccario who edited my research articles and gave me their feedback to make it possible for the publication. Lastly, I would like to thank my family for all their love and encouragement: my siblings, cousins, and aunties. They helped me to rise and rise and made my journey easy to pursuit my dreams. vi Abstract The marginalization of the hijra identity in postcolonial Pakistan perpetuates the inequalities that have dogged the transgender community since the colonial era. Although Pakistan has since ratified all concerned UN treaties aimed at protecting transgender people and preventing human rights violations against them, the country’s gender-variant population nevertheless remains vulnerable to these transgressions. As such, this study aims to explore the following inquiry: “What are the lifeways of the hijra community and how do hijra people face human rights violations in their daily life activities?” The identity construction of the hijra is a complex process. Pakistan is a patriarchal society that determines gender based on biological sex. While a genitally ambiguous child is generally recognized as intersexed, the family usually obscures this circumstance or tries to enforce a predominantly male identity onto the child. To some degree, an intersexed child is allowed to perform feminine roles, particularly when compared to a biologically male individual who is inclined toward femininity. They may partake in “girls’ games” or in “women’s chores” like cooking; they may opt to don feminine clothing and jewelry or practice walking and talking “like a girl.” Many family members and relatives consider such actions a threat to family honor and/or an indication of weakness, which in turn renders the child vulnerable to sexual or physical assault. Abuse also causes some gender-variant children to drop out of school. As adults, many hijras do not see childhood sexual encounters as assault, particularly because they considered themselves to be feminine even from a young age. Nevertheless, experiences of isolation, abuse, and exclusion often compel a gender-variant child to seek company outside of his/her family of orientation. Many transgender individuals see redemption in joining the hijra community: there, a new identity is defined and shaped. New members mirror themselves after more senior hijras. In the community, relationships are solidified through similar childhood experiences and interests as well as a shared freedom to express the outer reflection of an “inner feminine soul.” Here, they accept the childhood label affixed to them by heteronormative society: hijra. In fact, the identity now becomes the key to economic viability and socialization. vii The predominant livelihood strategies within the hijra community are dancing and prostitution. New members must adhere to stringent norms and rules; they risk (sometimes severe) punishment if they do not. For example, a new hijra must adopt a very strict feminine appearance; if she does not appear feminine enough she may be socially isolated or physically punished. Similarly, a hijra is required to remain passive during sex. In fact, because hijras are stereotyped as passive and vulnerable, many clients physically exploit or even rape them. If she tries to resist, a hijra may face physical violence and, in extreme circumstances, death. Reporting abuse to law enforcement authorities often leads to further exploitation. As such, whether dancing or performing sexually, hijras are encouraged to do whatever is asked of them. In the last decade, the Supreme Court of Pakistan has taken significant steps to ensure the rights of transgender people. The Court has similarly compelled local governments to amend existing legislation in order to protect the transgender community. Nevertheless, discrepancies exist in legislative and judicial interpretations of the transgender identity, which continues to impede the struggle for basic rights. Indeed, there is a long way to go in the effort to incorporate transgender people into the folds of mainstream Pakistani society. viii Chapter1: The Position of Hijra (Transgender) People: From Past to Present 1. Stating the Problem Vignette 1: In Pakistan, social interactions with the hijra community are inevitable; after all, the community has a longstanding tradition of visiting peoples’ homes to collect alms and practice vadhai.1 Indeed, my first memory of hijra people was in my own childhood home, where I can clearly recall