The Third Sex

On the Fringes of Society

Understanding Genders
Science explained people, but could not understand them. After
long centuries among the bones and muscles it might be
advancing to knowledge of the nerves, but this would never give
understanding, poignantly put by E.M Forester, these words
stand true, especially when it comes to the general
understanding and attitudes of most of us towards accepting the
presence of the third gender.
Our innate predisposition to shun the oddities of nature can be
one reason, but cannot be an excuse for this lack of
understanding and an overall insensitivity and unacceptability of
a person's non-conformity to the established traditional gender
continuum. The fact of the matter is that the binary division of
genders is so deeply embedded in our minds that a person can
only be a man or a woman to demand his share of respect and
rights as a human being.
Gender non-conformity is relentlessly punished through
marginalization and by pushing the non-conformists to the
fringes of the society; thus, making these stigmatized beings
vulnerable to the unthinkable psychological and physical
violence.
The dominant discourse on human rights in Pakistan has yet to
discern gender non-conformists human rights abuses as an
issue.
Sensational and vague stories surrounding the third gender
roles, sexuality, and their secretive customs and culture make it

impossible for a common man to understand, accept and

tolerate their presence as part of society. The situation is more or
less the same across the world. Of late there has been seen a
grudging acceptance and understanding, but that is still not
enough.

The Third Sex What Does It Mean

Several terms are used nationally and internationally to refer to
people who do not fall in one of the categories of the established
gender identities: male or female. However, the most
commonly used terms in English language are transgender,
eunuch, transsexual, transvestite and hermaphrodite. In
Pakistan, khawaja sara, murat, hijra and khusra are widely used
to refer to such people.
Intersexual/Hermaphrodite is a person who may have
biological characteristics of both the male and female sexes. In
simple words, human beings whose biological sex cannot be
classified as clearly male or female are classified as intersexual
or hermaphrodites.
Eunuch is a castrated man; usually one castrated early enough to
have major hormonal consequences. Over the millennia, they
have performed a wide variety of functions in many different
cultures such as: courtiers or equivalent domestics, treble
singers, religious specialists, government officials, military
commanders, and guardians of women or harem servants. In
some translations of ancient texts, individuals identified as
eunuchs sometimes included men who were impotent as well
as those who were celibate.

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The Third Sex On the Fringes of Society

influenced by international discourses around sexual minorities,

may identify as transgender or transsexual women. Reportedly,
few have genital modifications, although some certainly do, and
some consider nirwaan (castrated) hijras to be the 'true' hijras.

The Pakistani Context

In the Indo Pak sub continent, Khawaja Saras have been both
revered and avoided. While on the one hand their curses and
blessings are considered potent, there at the same time there is
a desire to steer clear of them in view of their involvement in
prostitution.

Transvestite is somebody who cross-dresses. The term is used as

a synonym for the term "cross-dresser", although it has been
stated that "cross-dresser" is the preferred term.
Transsexual is an individual who identifies with a physical sex
that is different from his biological one. In simple words,
transsexualism is a desire to live and be accepted as a member
of the opposite sex, accompanied by a sense of discomfort with,
or inappropriateness of, one's anatomic sex, and a strong desire
to have surgery and hormonal treatment to make one's body as
congruent as possible with one's preferred sex. Many
transsexuals have sex reassignment surgery, in which their
genitals are modified.
Transgender is a person who is born with typical male or female
anatomies but feels as though he/she has been born into the
wrong body. However, unlike transsexuals, a transgender is not
plagued with the extreme need or desire to modify body. They
may take hormones, but do not have genital sex reassignment
surgery. Some live as members of the other sex, while others
stake out "third gender" status.
Khawaja Sara/Murat/Hijra/Khusra are various terms used in
Pakistan to refer to members of the third gender. The Pakistani
third gender community includes hermaphrodites, transsexuals,
transvestites, transgenders and eunuchs. However, the majority
who subscribe themselves as a member of the khawaja sara
community are either born hermaphrodites or transsexuals. The
terms hijra is considered derogatory and they prefer being called
Khawaja Sara or Murat. Although dressed as women, most of
them believe they are neither women nor men. A murat is a
combination of two Urdu words mard (man) and aurat
(woman).
All these identities have no exact match in the modern western
taxonomy of gender and sexual orientation. Most are born
apparently male, but some may be intersex (with ambiguous
genitalia). They are often perceived as a third sex, and most see
themselves as neither men nor women. However, some may
see themselves (or be seen as) females, feminine males or
androgynes. Some, especially those who speak English, and are

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In Pakistan, khawaja saras live mostly within their own

communities and within their own cultural contexts, leading the
most challenging lives characterized by discrimination and
recurring and pervasive violence. Usually, they live in groups of
four or five or more as chelas (disciples) supervised by a guru
(teacher).
The guru imparts singing, dancing and other skills to his chelas to
enable them to earn their own living. The chelas are expected to
turn their earnings to the guru, who uses this money for
maintaining the household.
They impersonate many aspects of the female gender role; for
instance, they dress up like women, imitate their gait, gestures,
voice, facial expressions and language, but do not desire to be
recognized as women. They take up feminine names when they
join the khawaja sara community, and use feminine kinship
terms for each other like sister, mother, aunt, grandmother etc.
Their major sources of income include singing and dancing on
marriages, birth celebrations and other auspicious occasions,
begging for alms and sex work. However, there is a small
educated English speaking class of transgenders who does not
have to go through the same hardships due to their social and
economic status. They usually become fashion designers,
makeup artists, interior decorators and hair stylists or settle
somewhere abroad.
The transformation of the Pakistani society, in the last few
decades, has curtailed opportunities for khawaja saras to
practice traditional occupations, and has increased their
dependence on prostitution and beggary.
Mainstream society's deep rooted apprehensions of their
gender non-conformity manifests itself in the refusal of basic
citizenship rights to these communities. With no safety net in the
form of family, society or state; harassment, abuse, and sexual
violence are the stark realities of a khawaja sara's day-to-day
life.

A Rendezvous with Death

Hina Pathani, a 32 years old hermaphrodite, who dances and
begs for a living, was kidnapped, raped and tortured brutally

Voicing Issues of Victims of Human Rights Violations in Pakistan

about eight months ago. About eight months ago, when I was
walking back to my house, a group of local hustlers kidnapped
me. They took all the money I had, and raped me. Later, after
beating the hell out of me, they cut my long hair off with a knife,
threw me in the street and ran away.
None of my neighbors came to my rescue, said Pathani, her
eyes welling up with hurt and disgrace. Even when I was lying
half dead in the street no one came to help.
This is not an unusual incidence of violence and disgrace in a
khawaja sara's life.
But what makes Hina's case extraordinary is her courage and
Bindya Rana's support. Rana, president of Gender Interactive
Alliance (GIA), a non-governmental organization (NGO) working
for the protection of the rights of khawaja saras' is also the
official spokesperson for the khawaja sara community in Sindh.
It was Rana who heard about the unpleasant incident and took
Hina to a nearby hospital and registered a case against the
kidnappers. She not only reported the case in the police station,
but also pursued it in the Sindh High Court.
Sharing her disgruntlement, Rana said: This shocking instance
of brutal violence portrays the ever-present fear under which a
khawaja sara leads her life, explained Rana.
Hina was lucky, because many a times the violence is inflicted by
the police itself, and such cases mostly go unreported, said Rana.
In many instances, the police is found to either be the direct
source of violence, or protecting the assailants belonging to

influential social or political groups.

Hina's case was, however, registered and while the verdict
awaits, she hopes to get some redressal for the brutality she
suffered. I cannot understand the insensitivity and indifference
of those who refuse to take a stand when they see abuse
perpetrated on us by miscreants, said Rana indignantly. No
matter how outrageous their behavior, others often stand by and
inadvertently fuel this abominable behavior, continued Rana in
an injured tone.
Hina's story is one among many similar stories of discrimination.
Various forms of discrimination impacting khawaja saras include
workplace discrimination, housing discrimination,
discrimination in public accommodations, and bias-motivated
violence. Due to their physical and/or psychological state
khawaja saras' in Pakistan put up with, a disproportionate
amount of homelessness, unemployment, low income and
other financial disadvantages. Harassment and discrimination at
educational institutions, workplaces and health facilities are the
most recurrent complaints.
Holistically speaking , societal values, traditions,
misrepresentation and misinterpretation of religion not only
support, but also reinforce aggression, violence and oppression
against khawaja saras. The general public considers them sleazy
and evil for their inappropriate behavior, vulgar gesticulation,
obscene language, sundry jokes and involvement in sex work.
Interestingly, intolerance of the general society against khawaja
saras based on their actual or perceived gender identity or
expression adversely affects their psychological, physical, social,
and economic well-being.

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The Third Sex On the Fringes of Society

The society needs to understand that no reason is good enough

to exclude these people from the main stream society, or the

only because of the khawaja saras' ability to financially support

the family.
Nevertheless, in some cases, extreme stigmatization
surrounding gender deviance as well as sex work makes it
harder for the families to accept their own children.
According to Khushboo, a khawaja sara, when psychological
torture by relatives and their taunting behavior became
intolerable I left my house to join a khawaja sara group where I
felt I had acceptance and more respect as a human being. A few
years later, my family accepted me only because I was earning
good money. I married off my two sisters in a traditional way
with heavy dowry from the money earned through begging and
dancing. Their husbands didn't have any problem with what I do
back then, but they do have issues with my source of income
and the way I dress up now.

human race in general. Beliefs fabricated over centuries cannot

be tattered without looking deeply into various institutions that
disqualify a khawaja sara from basic human rights.

The First Rejection

Albeli, a khawaja sara, shared her childhood experiences which
forced her out of her house. Neighbors and relatives scorned
me because of my effeminate behavior. My father and my
brothers felt they could correct me by punishing and beating me
up. When the mental and physical torture became unbearable, I
decided to join a khawaja sara group because I felt they would
understand and accept me, She explained. When she became a
khawaja sara, said Albeli, she was treated as an equal and the
other group members never made her feel like an outsider.

They never missed a chance to make fun of me in the

classroom. I would come home crying every day. I hated school,
hated my school mates and hated my life, she said. According
to Riffi, transgender students face severe discrimination at
schools and colleges, and many of them leave school at an early
stage.

Family, as an institution, plays a crucial role in marginalization of

khawaja sara. Intolerance of gender non-conformity in terms of
attitudes, identity, and behavior results in violent and
insufferable attempts by family members at maintaining and
reinforcing the more acceptable heterosexist regime.

Although leaving school didn't put a stop to Riffi's education, but

finding a job later was a real problem. Riffi told us that she has
two masters' degrees -- one in political science and another in
economics. But she never attended college or university, as a
regular student after her bitter experience at school.

Moreover, there are not many cultural or social examples for

families to draw on and try to understand the gender identity
and behavior of their children. Therefore, instead of protecting a
child from the mental and physical torture inflicted on them by
the wider society, the family itself humiliates beats and, in most
cases, banishes the child from the house.

Sara Gill, a transsexual medical student, said even if she dresses

up like a boy in her college, other students and teachers make
fun of her and make taunting remarks on her gait and
gesticulation.

Generally, the violation of the social codes that specify how a

man is to behave is punished by out-casting of the person who
deviates from the norm. The enormous sense of isolation
transgenders face in their own family finds consolation and hope
only when they come across the khawaja sara community
where they have acceptance. Most of the khawaja saras report
that had their families not shunned them in their childhood, they
could have had a better life, a better future. Once the khawaja
saras becomes financially independent, the families sometimes
grudgingly accept them. In most cases, their return is welcomed

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Education for All?

School was a nightmare. No one wanted to sit near me in the
class; I was treated like a leper. Boys used to pass rude and
vulgar remarks about me. Many times I was chased and
harassed by the older students in my school, recalled Riffi,
another transgender. She said even the teachers' attitude was
no different.

I try my best to hide my true gender identity. I do not articulate

or express that I am a transsexual, but still teachers have a
discriminatory attitude towards me, and they ridicule me for my
effeminate ways, she added.

Unequal Opportunity Employments

Social discrimination in employment is one of the main factors of
their involvement in sex work. Unfortunate but inevitable
entrapment of many khawaja saras in prostitution reinforces the
stigmatization of the whole community as outcastes.
Abandoned by the family, unable to obtain proper
documentation, education and employment, many transgender

Voicing Issues of Victims of Human Rights Violations in Pakistan

children take up sex work in order to survive in an unfriendly

environment. When young and immature, many of them take
some degree of comfort in their acceptance as women by men
who use them sexually, unable to recognize the long term
consequences that they face when the society refuses to offer
any other work to them except beggary.
Pathani served in Abu Dhabi Criminal Investigation Cell (CIC) as a
watchman for five years, before coming back to Pakistan after a
serious accident. I never had a problem working with men in
Abu Dhabi as there were no issues of harassment or abuse. Even
though I pretended I was a man, most of my co-workers figured
out my true gender identity. I never felt degraded or
discriminated in Abu Dhabi for being a transsexual, said
Pathani.
Sharing her ordeal, Pathani continued, Unfortunately, in
Pakistan it is not possible for a transgender to find a suitable
employment and enjoy respect. When I returned back, I tried my
best to find a reasonable job. Discrimination and harassment
were the major reasons for my job hopping, and after a year I
realized that there was no option for me but to join a khawaja
sara group. Now I beg and dance to earn money in order to
support myself and my old father.
There is a very small portion of the khawaja sara community
which is educated. Apart from discrimination, low levels of
education also add to their economic and social powerlessness.
But, even for those who are educated and who manage to
overcome the formidable barriers, it's not easy to find a job and
be treated with respect. Riffi said that a suitable job that
promises respect as well as financial stability was like a dream,
until a few months ago when after the apex courts suggestion,
the Clifton Cantonment Board (CBC) involved ten khawaja saras

in chasing loan defaulters. It has been a good experience as

the CBC staff was trained before we were recruited as recovery
officers. We are not harassed; no one mocks or taunts us in the
office, she said suggesting other organizations should train and
educate their staff to tolerate us so as to make our lives less
miserable.

Inhospitable Hospitals
The night Pathani was raped, Rana tried to call several
ambulance services to take her to the hospital, but to no avail. I
tried to call many free ambulance services, but none of them
came. With much difficulty we hired a car and took her to the
hospital for medical care. Hina could have died that night had we
not decided to rent a vehicle, said Rana. Khawaja saras are
treated worse than animals, continued Rana. A simple task like
going from one place to another becomes an ordeal if one is
neither male nor female.
The disgrace continued even inside the hospital, the medical
staff refused to treat Pathani as they thought it was a police case.
Only when Rana lodged a First Information Report (FIR) with the
local police station that Pathani was treated. Her registration as
a patient, and the hospital staff's confusion, about which ward
she should be put into, and their sneering contempt of our
presence in the hospital, are other painful stories that I don't
want to get into, said Rana. Men or women can never
understand this puzzling world in which a transgender leads his
life. It is hell on earth, not only due to our psychological or
physical state, but more because of the indifference and
intolerance of the so called 'normal' people around us. The
medical establishment discriminates khawaja saras at various
levels, whether they go in for treatment of common ailments, or
sexually transmitted diseases (STDs), HIV (Human
Immunodeficiency Virus) and AIDS (Acquired Immunodeficiency

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The Third Sex On the Fringes of Society

Syndrome).
Sex reassignment or castrations are other serious concerns that
need to be looked into with care. In the west, there are strict
regulations and legal frameworks governing surgeries related to
sex reassignment. Sex reassignment surgery is an extremely
complex surgery that requires strict protocols and guidelines. It
precedes and follows hormonal treatments and extensive
psychological counseling without which it is highly probable that
it can result in serious psychological and physical impairment.
But, unfortunately in Pakistan most of the khawaja saras
undergo these operations, in extremely hazardous and

are addressing gender expressions and identity or khawaja

saras' human rights abuse. A few that are currently involved
with them are working on HIV/AIDS and other sexually
transmitted diseases. Rana thinks that it is pointless to
encourage or convince khawaja saras to adopt safe sex. STDs
and HIV are not the only problems that they have. We need a
solution to all the problems that drives them towards
prostitution and other such activities causing HIV/AIDS or STDs.
There is an awful need for civil society organizations to step
forward and co-operate with transgender people's
organizations in monitoring and mainstreaming their issues to
ensure full respect for their human rights.
Local NGOs should include issues of gender identity, gender
expression in shadow reports to the United Nations (shadow
reports are a method for NGOs to supplement or present
alternative information to the periodic government reports that
state parties are required to submit under treaties), suggested
Nuzhat Kidvai, member working committee, Women Action
Forum (WAF), in Karachi. Human rights and other civil society
organizations should take up the issues of transgenders as part

unsanitary conditions, at the hands of senior khawaja saras or

quacks. And very often, such risky sex reassignment leads to
lifelong painful health problems, sometimes a defective
operation leads to heavy blood loss, or infection can lead to
death.
In most of the experiences shared the common grievance was
the ill-treatment of khawaja sara in government hospitals since
most cannot afford to go to private clinics. The staff there asks
disturbing questions regarding their sexuality and gender
identity and most of the time refuses to give them proper
treatment and medicines.

A Derisive Media
Transgender appear in mass media only as objects of ridicule
and derision. As far as the portrayal of the real life dilemmas of
the transgender community is concerned, there is a resounding
silence. While depicting a transgender, the vernacular media, in
particular, strictly follows the heterosexist point of view and
exposes them as lurid, sleazy and evil.
It has also been observed that the local media liberally uses a
wide range of derogatory epithets to refer to khawaja sara; for
instance, khusra, hijra, chukka etc. All these labels are based on
the outdated patriarchal perception of gender identity, hailing
from the idea of masculinity and sexual potency as the norm.

Civil Society Needs To Be Civilized

There are not many NGOs and civil society organizations which

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of their mandate for social change. It is necessary that the

concept of mainstreaming khawaja sara into the social fabric is
popularized in order to keep families, religion and media from
fostering extreme forms of intolerance to gender nonconformity, she asserted.
According to Kidvai in order to educate the society it is important
to provide judgment free information to correct gender bias, and
foster a liberal outlook towards matters regarding gender
identity and behavior. Civil society can play a crucial role in
educating the masses on harmful effects of stereotyping gender
roles and the importance of non-discrimination based on
gender, gender identity and expression, she said.
Counseling centers should be established to facilitate families in
understanding problems of gender non-conformity in their
children, Kidvai added. If a child feels that his problems are
being understood within the house, he will probably never want
to leave the security of his house. The problems intensify only
when a transgender child leaves the house to join khawaja sara

Voicing Issues of Victims of Human Rights Violations in Pakistan

communities, and quite often get trapped in lifelong

involvement in prostitution.

Discrimination by the State

One of the most significant and powerful institution that
encodes, institutionalizes and enforces discrimination against
khawaja sara in Pakistan is the state itself. Pakistani law, which is
a confused mixture of colonial and Islamic views, makes
discrimination the structural feature of transgender community.
There are various acts and provisions that are misused against
khawaja sara by the police for extortion of money and abuse. For
instance:
Article 141 - An assembly of five or more persons is designated
an "unlawful assembly" if the common object of the persons
composing that assembly is...To commit any mischief or criminal
trespass, or other offense.
Article 268 - A person is guilty of a public nuisance who does any
act or is guilty of an illegal omission which causes any common
injury, danger or annoyance to the public or to the people in
general who dwell or occupy property in the vicinity, or which
must necessarily cause injury, obstruction, danger or annoyance
to persons who may have occasion to use any public right.
Article 269 - Whoever unlawfully or negligently does any act
which is, and which he knows or has reason to believe to be,
likely to spread the infection of any disease dangerous to life,
shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
Article 290 - Whoever commits a public nuisance in any case not
otherwise punishable by this Code, shall be punished with fine
which may extend to six hundred rupees.
Article 294 - Prohibits any "obscene" public acts, songs, music or
poems.
Article 371A - Whoever sells, lets to hire, or otherwise disposes
of any person with intent that such a person shall at any time be
employed or used for the purpose of prostitution or illicit
intercourse with any person or for any unlawful and immoral
purpose, or knowing it to be likely that such person shall at any
time be employed or used for any such, purpose, shall be
punished with imprisonment which may extend to twenty-five
years, and shall also be liable to fine.
Article 377 - Whoever voluntarily has carnal intercourse against
the order of nature with any man, woman or animal, shall be
punished with imprisonment for life, or with imprisonment of
either description for a term which shall not be less than two
years nor more than ten years, and shall also be liable to fine.
Penetration is sufficient to constitute the carnal intercourse
necessary to the offence described in this section.
Criminalizing the very existence of the khawaja sara these laws

invite unwarranted authority of police to their already miserable

lives. Oppression inflicted by the police was a major concern that
was expressed by the khawaja sara community. The various
forms in which this oppression takes place include extortion,
physical and verbal abuse, and illegal detention. It is extremely
difficult to trace the number and pervasiveness of such incidents
as there are no police records. There is a dire need to warrant
comprehensive investigation into such charges.
In addition to this, the civil aspect of law totally ignores their
demands of citizenship and equality in rights by making
identification on the basis of sex within the binaries of male and
female, a crucial requirement. Absence to fulfill this requirement
deprives them from various rights including their right to vote,
right to own property, right to education, employment, health
facilities and so on. Such denial adds to the seclusion of this
community from the fabric of Pakistani civil society.

A Favorable Verdict Only On Paper?

Supreme Court's monumental verdict, delivered on November,
2009 was a watershed decision on affirming khawaja saras'
community's rights in Pakistan. The court not only ordered a
survey of khawaja sara citizens of Pakistan, but also instructed
the National Database and Registration Authority (NADRA) to
issue new computerized National Identity Cards (CNIC) to them
indicating their status rather than classifying them as
men/women. With these new CNICs their gender identity will
be acknowledged and they would be able to benefit from
Benazir Income Support Programme (BISP) and other
government welfare schemes.
The court ruling primarily deals with the issue of the khawaja
sara community regarding harassment and illegal police
detention. It has also issued orders to guarantee health care and
their right to inheritances, which are sometimes, denied by their
families who have rejected them due to their gender nonconformity. The court has also asked provincial governments to
provide progress reports on what steps they are taking to
improve the current situation of transgender community.

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determining the gender identity of a person.

It been over a year since the apex court gave its verdict, but even
after repeated protests from the khawaja sara community, there
is hardly any development on the ruling so far. The survey and
registration process have been caught up in bureaucratic
lethargy, ineptitude and lack of political will. In Sindh, The Social
Welfare Department has been entrusted with the task of
registering khawaja sara. We are trying to expedite the
registration process, but it's a mammoth task, and will take time
as khawaja saras are not willing to take the hormonal test that is
compulsory for their gender determination and registration,
said Dr Iqbal Saeed Khan, Provincial Coordinator, Social Welfare
Department of the Sindh Government.
Khawaja saras, on the other hand, have serious concerns over
the registration process. Voicing her discontent, Rana said, They
insist on make-up checkups and hormonal tests to determine
our gender but we refuse to let the state decide our gender for
us! It is intrusive and offensive and we have as much of a right to
self-determination as anybody else!
Gill, the transgender medical student argued: We know who
we are. Hormonal tests can be misleading. A woman having
high testosterone (a male hormone) levels will not and should
not be labeled as a man. Similarly a man may have high
estrogen level (female hormone), but it does not make him a
woman. Transsexualism is a psychological and physical problem,
and both these aspects should be taken into account while

Protecting the Third Sex

Although the presence of khawaja sara in our society and the
Indian subcontinent is not a new idea, and they are accepted in a
few assigned roles of entertainers, dancers, beggars or sex
workers. However, their acceptance as 'normal' and 'equal'
human beings has always been an issue. They are considered
social outcastes, not allowed a rightful place in the family circle,
educational institutions or professional network; but only
grudgingly tolerated on roads, streets and social spaces as
beggars and dancers.
Law is also silent on people who do not subscribe to either of the
two genders: male and female; although the basic human rights
mechanisms in national laws does protect everybody without
discrimination.
It is therefore essential that the state conducts an independent,
impartial, and effective investigation into acts of extortion and
unlawful use of force against khawaja sara by Law Enforcement
Agencies (LEAs). In addition, the LEAs should be given training
about human rights issues in general and in particular on issues
of gender identity, gender expression etc.
Moreover, focus should be placed on developing public
education programmes to address the harmful effects of
stereotyping gender roles and the importance of non-

This case study has been authored by Ms. Gulnaz Nisar Bhutta. During its compilation expert opinion on the subject was sought from
Ms. Nargis N. D. Khan, Minister for Social Welfare; and Ms. Nuzhat Kidvai, Convenor, Women Action Forum.

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