Research Article Transgender Community in Pakistan: Evaluating Their Challenges & Psycho-SocioLegal Progression 1 Abstract The legislation within Pakistan has a role here to play and fix the family structure, education, and employment sector for the third gender community, after which no family will be allowed to disown their transgender child, provision of education will be assured. Due to the low literacy levels and due to lack of the family support levels that Trans people in Pakistan go through financial constraints and end up taking jobs that are odd. Due to these constrains they face problems in supporting their basic daily life. The transgender is denied of opportunities and receiving unequal treatment, they are denied of their basic human rights i.e., the right to psychological and medical aid, education as well as employment. This rejection and discrimination lead them to feel resentment and a low mood. This leadings to a fact that the LGBTQ+ population has a higher prevalence of mental health problem compared with the heterosexual population. Keywords: Heterosexual, Homosexual, Marginalized group of humans, Human rights, Psycho socio legal progression, Odd jobs, Employment opportunities 2 Table Of Contents Introduction .............................................................................................................................. 4 Methodology ............................................................................................................................. 5 Purpose of research ................................................................................................................ 5 Method of research ............................................................................................................. 5 Measurement/Instrument Selection...…………………………………………………….6 Literature Review……………………………………………………………………………7 Findings………………………..……………………………………………………………13 Discussion/Analysis……………………..………………………………………………….16 Conclusion…………………………………..…………………………..…….……………18 Limitations……………………………………….……………………….………………..19 Recommendations……………………….………….……………………………………..19 References………..……………………………………..………………………………….21 3 Introduction Every human has identity they are born with and it’s the same with transgender, moreover it’s not an identity that society accepts easily. Transgenders are mentioned as female and male and who are respectively identified as female and males, however they want to be identified as. Transgenders are equal humans as any other humans, but unfortunately, they are being marginalized. In Pakistan gender diversity still seems as a taboo. Usually transgender in Pakistani society are called as or labelled with different names such as “Khawaja Sira”, “Khusra” or “Hijra”. They were not given respect or equal status in the society which they deserve to have, no one in the Pakistani society accepts them or tries to address their problems which they are facing. Moreover, Pakistani society behaves and treats the transgender community as questionable because even in Islam it is stated that everyone is equal human being and no one is superior to one another. Basically, our religion gives all the equal human rights to transgenders but unfortunately our Pakistani society does not understand it. They conform to the cultural norms and act against transgenders. The only way to treat transgenders equally and to make them feel as a part of Pakistan’s community is to make such laws for them which will empower their society, moreover it is really important to give political representation to transgenders as they can understand better that what they actually need. The transgenders of Pakistan are forgotten and ignored, not even acknowledged as part of society, their existence treated like a minor inconvenience, that is the social outlook of the majority of Pakistani population. This social animosity is towards the group is not due to any malice or ill-intentioned prerogatives but a simple fact of social awareness and education, a stigma or atmosphere created long ago due to a xenophobic mindset; carried over centuries. Thus, such articles like 4 this one and many other that help break this stigmatization of the group and educate the masses on the transgender topic are necessary, to break the cycle of fear and hatred. Methodology 1. Purpose of Research The topic of ‘transgenders’ is a sensitive one and has not been researched upon that much within the context of Pakistan, even worldwide. There has been little to no awareness about their rights, challenges, or lifestyle. Therefore, to know about their challenges and the extent to which progression has been made within and for the transgender community, will be researched upon in this paper. 2. Method of Research Research Design Philosophy: Interpretivism Approach adopted: Deductive Strategies: Exploratory Choices: Qualitative Time Horizon: Cross-sectional Techniques & Procedures: The data collection technique will include secondary means of research along with qualitative data. This research is profoundly exploratory in nature, it will stray away from numerical data, and focus solely on iterating ideologies and theories of the subject matter. The analysis will be conducted on the grounds of transgender community aspects, rather than the analysis of concrete data, found via primary research. - Logical Analysis: 5 Following are the steps that this research will oblige by, in terms of digging out logical interpretation and evaluation from the results and conclusions: i. Scavenging the sources of information – Firstly, we will be extracting information about our topic from various sources like published books and other literary texts. ii. Creating theme analysis framework – Secondly, we will be reading and noting the important aspects in the literary texts that can be used to support our topic. iii. Structuring the main areas of research article – Thirdly, we will be organizing our article using various subheadings as well as the main headings after using the APA style format. iv. Drafting and citing the research article – After that, we will start working on our article and as we type out all the information, we will be citing the sources from which we have extracted and interpreted the information from to avoid discrepancies that may result later. v. Proofreading and amendments – After we have finished writing the major aspects of the research article, we will be carefully analyzing and checking for errors (if any), updating the table of contents and add charts or tables, if needed, to support our data. 3. Measurement/Instrument Selection 6 Data collection is done through secondary means and is qualitative by nature. Literature Review (Nazir & Yasir, 2016). A research study conducted by the Department of Economics at University of Peshawar, titled as ‘Education, Employability and Shift of Occupation of Transgender in Pakistan: A Case Study of Khyber Pakhtunkhwa’ discussed the willingness to work, the job opportunities and the occupations available for Trans people. This paper discusses the five districts of the Khyber Pakhtunkhwa Province and the sample size for this research was 100, this populations as found mostly uneducated and had jobs that were not considered honorable and not socially approved. But this population willingly wants to take up the honorable professions and acceptingly wants to be employed, the most important thing required here is support from the government. The term transgender is used for those as an umbrella term who do not lie in the categories of male or female. Transgenders are cross dressers, transsexual individuals defined as Male to female and Female to male. From the very young age mistreated and degraded by the society these individuals are commonly referred as Khusra, Hijra or Khawaja Sara and are considered as a shame to the society. Discrimination within the family, societies and schools cause them to cut themselves of from education and that’s what closes their doors to honorable and respectable jobs. And that’s where they end up adopting jobs that are not acceptable in the religion of Islam or the society, they live in. it was in the year 2013, the Supreme Court of Pakistan ruled that trans people will be given equal rights as all citizens of country, according to the constitution of Pakistan and directed the provincial as well as the federal government to secure the rights of education, employment, and inheritance of these individuals. This led 7 them to the opportunities to work in different government departments and all this led to the official classification of the third gender. (Tabassum & Jamil, 2014). A research study Published by American Research Institute for Policy Development in the year 2014 titled as ‘Plight of Marginalized: Educational Issues of Transgender Community in Pakistan’ and was conducted by the Department of Gender Studies, Fatima Jinnah Women University. As the title of this study suggests this research studies discussed the issues regarding the education and literacy of the Trans community. The system of education is an overall issue in Pakistan, where very less is invested in the educational sector and lack of education and literacy is responsible for the unacceptance and intolerance in any society, hence leading to the disapproval of this gender from the society. The factors that are discussed in this study portray the perception of the Trans community regarding education, this study consists of facts how urgently this community needs education in order to bring them on level in the society like Pakistan to be approved and accepted and lead a normal respectable life. The liberation of the transgender community depends majorly on their own education and contribution to bring out the people belonging to this gender from a life of inequality and misery in the future. With semi structured guidelines interviews were conducted for this study where snowball technique was used on the 50 participants and the overall findings displayed that the social prejudice that exists in the minds of the people regarding this community and their appearance is so strong that it has always caused the Trans people to stay away from education out of the institutions. The work conducted through this study showed that even the government has never adopted any practical approach to bring the transgender community out of this plight. (Akhtar & Bilour, 2019). State of Mental Health among Transgender Individuals in Pakistan: Psychological Resilience and Self‑esteem’ published online in December 2019 by Department of Humanities, COMSATS University Islamabad. This study discussed the 8 state of mental health of the Trans individual living in Pakistan and with this study considering the socio demographic factors their self-esteem and psychological resilience levels were explored. This research paper shows that the Trans individuals who lived with their gurus had a higher level of resilience and self-esteem. The sense of belonging and to have a mentor to look up to was only possible for a Transgender individual after being a member within a transgender community, which provided them the internal strength that helped them to cope up with the life adversities. This was due to the positive identification with the group an individual was living with and this helped them to lessen the impact of the social oppression on their minds. The transgender living with their gurus had a higher academic self-competence and willing learned all the daily life survival tasks and emulate their guru’s skills. While discussing the contact with biological families in this study it was found the victimization of these individual came from their own houses and in the cases when these individual were accepted by their immediate relatives would want to leave them as the society makes them believe that they are reason to bring shame to their families. This study also found that the transgender people who are educated are self-competent and have a higher level of self-esteem and psychological resilience. Here the education does not only refers to the traditional ways of education but also the concept of education is understood subjectively and is also taken as a factor for their daily life skills and learning. Higher self-esteem played a key role in higher psychological resilience and life satisfaction. Self-esteem is the factor that majorly mediates psychological resilience and distress. This paper also studies the association of the Trans community with the professions of begging, prostitution and dancing. They are left with these choices because of the gender discrimination, verbal harassment, dropping out of school and the financial crisis. After conducting interviews for this study it was revealed that individuals form this community believe that they are denied of opportunities and receiving unequal treatment, they are denied of their basic human rights i.e. the right to 9 psychological and medical aid, education as well as employment. This rejection and discrimination leads then to feel resentment and a low mood. This leadings to a fact that the LGBTQ+ population has a higher prevalence of mental health problem compared with the heterosexual population. (Usman Shah, et al., 2018). According to a study transgender in Pakistan are facing problems such as poverty, social injustice, cultural and social boycott, they have very less or no opportunity, they also face harassment. Moreover, transgender community are excluded and down-graded and sometime transgenders are killed and no one serves them with justice. This marginalized minority have to deal with extra pressure of sexual orientation within our Pakistani society. In another study it is witnessed that as the transgender community is socially excluded this exclusion pushes them to do and get involved in illegal and wrong habits and behaviour. Mostly transgenders community is forced to get into dangerous and perilous means of earning their income which includes dancing in private parties and on the road, begging on road, substance abuse and sex work. The literature witnesses that transgender groups who are engrossed in one inappropriate behaviour are also involved in another such behaviour too. So, we need to start considering about these forgotten and ignored people and need to address these problems before they reach to such a point where there is no returning back and where at that moment in their life, they want to take their own life or commit suicide. Additionally, when their sexual orientation is revealed even for once they start facing violence, harassment, they are victimized by society, in schools or educational institution and this victimization doesn’t stops here they even suffer in the hands of their own family members. As soon as their sexual orientation is revealed or disclosed an unending and unstoppable oppression begins. 10 (Abbas, et al., 2014). In another study its mentioned that about 43% to 60% the transgender community faces physical and sexual violence. These are the main factors which contribute to make them feel helpless and leave their studies, run away from their own home, and get involved in inappropriate activities such as prostitution, dancing at parties and substance use and abuse which can severely harm their health and can cause death too. When no one accepts the transgenders the only thing or escape according to them left is suicide. Which is life-threatening concern connected and correlated to their victimization. Physical victimization multiplies the chances for suicide four times more. When the transgenders are coerced to leave the house, they have no other choice than to live with their transgender community. They start residing together where there are other transgenders too. Traditionally five or more transgender live together and they are called as “chelas” and for the supervision purpose they also have a teacher which is known as “Guru”. Each group has its own rules and way of living which are defined by the Guru itself. However, as the transgenders leave their own houses and move to house where other transgender members are living so there for the earning purposes they are trained for few things. The training is in dancing, singing and in few other things. The guru of each house is totally responsible to meet the needs of members living in the house and to manage and administer the funds. Therefore, the chelas who are residing in that house with guru are supposed to earn the money and hand it over to guru. Mostly the guru is unable to collect the amount of money on which the entire house could survive so when the guru is not able to make both ends meet, so transgender start indulging in wrong activities. Hence, chelas start involving themselves in commercial sex just for the sake of money so they could have enough financial assistance. Furthermore, with the changing trends and increasing modernity in Pakistan there is decline transgenders blessing births and dancing which had decreased the chances of earning income through this. Due to this they are forced 11 to find new ways of earning such as begging, indulging in sex trade. It is very rare if some transgender by his/her own wish has chosen to get into sex work else they don’t have any other option due to the discrimination they face, as the societal stigma, and religious exclusion and prohibition. Most of the time due to the marginalization in the society and not being able to earn through proper means they are forced to sell their bodies for sex purpose which makes them vulnerable and the cause of spreading sexually transmitted diseases such as AIDs. It is high time that we should start understanding transgenders and their needs and we should also find the reasons behind the risky behaviours, due to which transgenders are pushed or forced into wrong habits and ways of life. As soon as we will recognize these factors which are pushing the transgender community into commercial sex, substance abuse and other inappropriate behaviours we can take some effective steps to improve and make their life safe and better. They are also human beings and deserve to be treated equally and live life according to their own wish and will. The government of Pakistan have taken very few steps in context of legal rights for transgender community but they are still insufficient. Pakistan needs to take such steps which would make transgender’s feel as they are normal humans and part of Pakistani community with equal share in rights. (Bhatti, 2018). According to one study a transgender defined that from a very starting s/he had interest in playing with makeup, dolls and girls. But on the other hand, these actions and interests were disapproved by her/his family especially father and brother, he/she was also beaten. The men in his/her family thinks that these actions of her/his are bringing shame on the family and they are left with no respect in their society. Transgender once disclose their identity they can never then lead a normal life even in their own house where they are born. Even if the family of transgender accepts them at house but they are not welcomed, not 12 accepted by heart and they don’t get the same love from the family which other family members get. According to several interviewees it was disclosed that usually mothers and sisters in the family are more supportive and understanding regarding the family member who is gender dysphonic. First getting excluded by the family members and then getting socially excluded, they are left with no support leading to cases like suicide and other harmful acts. These people also do not have any governmental support to help them become an active part of society, where they can show their talents and be included in the entire social network. If the transgender community are given enough training and education regarding skills so they would not be needing to indulge in commercial sex, dancing in parties and begging on the roads, they will be self sufficient regarding their lifestyles. On the other hand, the rest of society would need to breakout of the pattern of stigmatizing transgenders; education and social awareness campaigns would play a major role in achieving this. Findings Based on the secondary research, the transgender community in Pakistan faces an array of challenges. A study identified about 94% of transgenders as unemployed, where about 66% were making income less than 10,000 PKR. Moreover, 90% of transgenders, according to research, collaborate and live in a rented premises which is often headed by a ‘guru’. Besides that, research on transgenders also reports recreational substance abuse (including, marijuana and I/V drugs. Further, their main source of income, reportedly is beggary, alms, and dancing. Also, research shows that discriminatory victimization is associated with a heightened tendency for drug abuse and suicide ideation. Table 1 and 2 represent some of the findings related to the transgender community in Pakistan. 13 The findings above, make it clear that about 91% of the transgenders in Pakistan are subjected to institutional discrimination, while 86% of the transgenders do not have a stable lifestyle, marked by temporary housing. Besides that, table 2 shows how one of the major factors influencing negative attitude among transgender community is not being able to find a rented place to live (81%). This reason is coupled with society’s behavior to force transgenders to isolate (80%). 14 In addition to that, another study reveals that about 29% of the transgenders in Pakistan had a low level of psychological resilience. In the context of self-esteem, about 30% of the transgenders had a low self-esteem. The same study also revealed that about 63% of the transgenders earned up to 10,000 PKR monthly, only. Apart from that, another study revealed that about 89% of the transgenders agreed that they needed a separate school for them, and that media portrays them in a negative light. On top of that, 90% of them responded positively to gaining access to education, job, voting as well as other Islamic rights such as performing Hajj. Studies show that the attitudes of family are also rude and disrespectful. Adding on to that, the family interaction is only limited to mother and sister, while brothers and fathers outrightly reject, degrade them and are rather happy that they leave the house. Interestingly, a study revealed that about 72% of the transgenders believe that education can bring about betterment in their lives as that will help them gain access to job opportunities. Table 3 below, shows the rights of transgenders in Pakistan, according to the Protection of Rights Act, 2018. Transgenders can obtain CNIC, driving license and passport Discrimination/harassment of transgenders is prohibited privately and publicly They may change their gender in NADRA records on their own preference Government is allowed to establish educational centers, homes, and psychotherapy venues for them A person may be punished with a 6-year jail and PKR50,000 penalty for forcibly employing a transgender person for panhandling purpose.[5] Separate rooms for transgenders in jails 15 Discussion and Analysis The findings show how there have been multiple efforts made by the Pakistani government in terms of provision of rights to transgender community, however the trajectory adopted is highly defective. The focus has been on allowing formal equality rather than substantive equality. On the contrary, recently, transgenders were allowed to join police forces as duty officers in Sindh which is a positive initiative and should be implemented on a federal level. Notably, the Transgender Persons Act allows them to contest elections, but it is impossible for them to win a seat. (Islam, 2020) Besides that, transgenders do not get paid according to the minimum wage laws either. On top of being discriminated on a societal level, it seems as though the discrimination moves ahead to community as well as corporate level too. They are rejected and demeaned by family, in schools and professional firms. This type of behavior forces them to engage in dancing at weddings, beggary etc. It also develops a negative attitude within them which results in low self-esteem owing to the marginalized status given to them by the society. Additionally, transgender community seems to be facing high rates of depressive symptoms along with anxiety and suicide ideation because of this marginalized status too. The prevalence of ‘learned helplessness’ is common amongst transgenders because of stereotypical comments passed by others about them and the behavior of others towards them. This leads to them not being able to prosper ahead, i.e., gaining education, political rights, societal rights, etc. 16 They must live in temporary housing and with gurus who teach them professions which are not fruitful in the long run. Interestingly, transgenders who lived with their gurus showed higher level of psychological resilience and self esteem as compared to those who lived along, which shows that emotional support to transgenders plays a vital role in their psychological well-being. While in theory Pakistan remains a progressive state in terms of transgender protection laws and is one of the only 12 countries in the world to recognize this identity on national ID cards, but there are still many setbacks, including violence against transgender community. For example, Nayyab Ali, a prominent trans activist was attacked by two men in Islamabad at her own house. Being held hostage for three hours, she was brutally tortured physically and robbed too. This explains how there is little to no room for financial or physical security of the transgender community. However, it is important to note that instead of becoming a victim, Ali became an internationally recognized figure who won awards for her work as well as ran for a seat in elections of 2018. Ali also noted the realities of few transgenders who have acquired formal education yet remain exploited by local NGOs to represent diversity in front of international donor agencies and at the backend, face discrimination and derogatory remarks. (Karijo, 2021) Another example can be that of Nisha Rao, Pakistan’s first transgender lawyer who went from begging on the streets to fighting in the courts. She now advocates for transgender rights and believes that to a great extent, improvements have been seen. Moreover, in the southern part of Karachi, transgenders belonging to the Christian community have built up their own church as well. On top of this, recently, there had been construction of a Madrassa for Muslim community transgenders too. (McShane, 2021) 17 Conclusion The Trans people like all other citizens need institutional support to survive and live a better standardized life. Family is the very initial and basic institutes among all where an individual not only learns about basic tasks for survival but learns to survive in the society by learning the moral values and evils that exist within human societies. It is after the family, that individual is exposed to institutions of professional education, employment and politics. Either disowned by the families or conditioned to leave their family after being shamed by the society the transgender from the very start begin with suffering they hardly live a normal life with their families. It was after the year 2013 that they got the right to vote in Pakistan. End up with odd jobs because of zero skill development and employment opportunities and dropping out of school due to the unacceptance and shame they get to face. When all these areas of life the Trans people are full of sufferings and struggles, this population never becomes an normally function and regulating community. The fact we don’t realize is that we as a majority don’t let they grown and become stable. Trans population is the human resources which in a county like Pakistan is kept aside on the bases of sex and gender. It is the job / duty of the majority to develop and sustain a society without all sorts of discriminations making the human society progressive and prosperous. The legislation within our country has a role here to play and fix the family structure, education and employment sector for the third gender community, after which no family will be allowed to disown their transgender child, provision of education will be assured. The heterosexuals here need to learn about and display their concerns towards the presence of the third gender people, they are required to be educated and literate enough to consider them as human being without prejudices, judgements and negativity and accept them. 18 Research papers and study on this marginalized community existing within our society will be helpful as well insightful for the policymakers, human rights activists and government organizations to pay attention to the need of this gender identity and take considerate measures to uplift these people as an honored section of the society. Limitations This research is limited by the means of time, as it will not incorporate the time span of a typical longitudinal study, instead the data will be gathered and evaluated in 3-4week period. Lack of experience, in terms of subject matter, as the study is being pursued by undergraduate students, with limited resources and intellectual capability. Context of data, given today’s time, is in question, as secondary data is being gathered that resounds to old ages, posing limitation in terms of comparison. Recommendations After this research, we were able to deduce some recommendations which are as follows: Old Age Transgender Rights – Transgenders who have reached old age, must be provided with financial assistance in the form of monthly allowances/grants by the government. Proper Health and Education Facilities – Transgender community must be exposed to places where they can get access to education and health services without any discrimination. In terms of health services, separate wards should be created for them in government hospitals. Vocational Training – They should be offered to get trained so that they are able to earn a decent amount of income by working hard/through their skills. 19 Awareness Campaigns – Government officials should arrange seminars/awareness workshops which are in the favor of transgenders to make others aware about their struggles too. Government Jobs – Similar to how India hires transgenders in the tax collection department to collect revenue from people, Pakistan should have similar opportunities or even better, made available for them. 20 References Abbas, T., Nawaz, D., Ali, M., Hussain, D., Mushtaq, S. K., & Nawaz, R. (2014). Social Adjustment of Transgender: A Study of District Chiniot, Punjab (Pakistan). Academic Journal of Interdisciplinary Studies, 61-70. Akhtar, M., & Bilour, N. (2019). State of Mental Health Among Transgender Individuals in Pakistan: Psychological Resilience and Self-esteem. Community Mental Health Journal. Bhatti, M. N. (2018). Legal Rights of Transgenders in Pakistan: Theory and Practice (Case Study of Faisalabad Division). Pakistan Social Sciences Review, 106-116. Islam, S. (2020). The Transgender Community and the Right to Equality in Pakistan: Review of the Transgender Persons Act 2018. LUMS Law Journal, 208-219. Karijo, A. (2021, March 30). Pakistan’s trans community is still living with the violence of empire. Retrieved from Open Democracy: https://www.opendemocracy.net/en/5050/pakistans-trans-community-is-still-livingwith-the-violence-of-empire/ McShane, J. (2021, June 1). Pakistan's 1st transgender lawyer went from begging on the street to fighting in court. Retrieved from NBC News: https://www.nbcnews.com/feature/nbc-out/pakistan-s-1st-transgender-lawyer-wentbegging-street-fighting-court-n1269090 Nazir, N., & Yasir, A. (2016). 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