Society


"Eunuchs" and Rights E-mail
2010: 7 - Society
Written by Sarah Suhail   
Sunday, 28 November 2010 21:06

The following article is the second in a series of articles regarding the law and its dealings with the Hijra & Zanana communities. The present article summarizes and analyzes a petition put before the Supreme court in 2009 and the subsequent judgement.

 


 

The Petition


Under the aegis of his organization the Insaan Welfare Trust, Mr. Aslam Khadi, advocate, filed a constitutional petition (Consititutional Petition no. 63/2009) under article in the Supreme Court alleging the infringement of the fundamental rights of “Eunuch’s” (a term that is used as an English translation for “Hijra”). The incident that forms the basis of the petition is “the case of molestation, humiliation and arresting the most vulnerable the most oppressed section of the society i.e. Eunuch or middle sex (also called as She males) by the Taxila Police on 23/1/2009". {quote}The petition asserts that the rights of this community are collectively violated by their families who reject them and send them to the “Gurus”{/quote}, by society in general, which marginalizes, discriminates and shuns them, and by the government, whose coercive apparatus threatens, maltreats and harasses them. All this, states the petition, constitutes a violation of “the right of dignity enshrined by Qur’an as well as Article 14 of the Constitution”1 specifying that this is manifested in a denial of the right of Islamic inheritance to the “Shemales” by the parents, lack of education opportunities, lack of respect, little or no employment opportunities, and restriction of movement by the “Gurus”.

 

As a consequence of the multidimensional oppression that the community of Hijras faces, the petition appeals to the court to consider the following suggestions: Firstly, strong action to be taken against the Taxila police officials who were responsible for this particular incident of harassment and humiliation. Secondly, the government and civil society must attempt to understand the issues facing these people and try protect their rights. And lastly, the federal and provincial governments should enact legislation that will protect the fundamental rights of this community.

 

In response to the arguments presented by the petitioner regarding the oppression and breach of fundamental rights of the "Shemale" community perpetrated by their families, the government and the society at large, the Supreme Court, in a judgement dated 17/8/2009, directed the Secretaries of the Social Welfare Department through the Additional Advocate General to conduct surveys of the "Shemale" population to determine their numbers and conditions and also the facilities available to them. They must also register individual members of the community so that the court may determine whether they stay with their Gurus of out of their own free will or there are elements of coercion involved. Lastly the court also directed that henceforth all such children handed over to the “Gurus” shall be documented so that it can be found whether the child was given away out of free will or compulsion.

 

A second provisional judgment ordered that income support should be provided to this community from the Bait-ul-Maal and the various government-run income support programs. {quote}Law enforcement agencies were directed to protect “Shemales” from harassment from different criminal elements, and the social welfare departments were directed to come up with projects to support the “Shemale” community and provide lists of registered "Shemales" for the next hearing.{/quote}

 

Some Thoughts

 

This petition however inadequate addresses the denial of fundamental rights to an entirely marginalized community. It is a step in the direction where issues that were previously completely invisible are at the very least being highlighted and discussed in open court. The social, cultural and legal climate of Pakistan ranges from denial of to hostility towards alternative sexualities, gender identities and expression. Given this situation, it is commendable that the Supreme Court has taken up this cause and given it some legitimacy.

 

However, we must remain cognizant that this is a complicated issue and this precedent will have far reaching consequences. The structural discrimination, marginalization and violence that Hijra and the Zanana communities face in terms of the cultural, social and legal barriers to integration into the mainstream must be systematically addressed before criticism and sanction is levied against the alternative support structure that they have created over time.

 

It is also important to remember that the majority of the harassment that they face is from the law enforcement agencies and suddenly expecting those agencies to protect them is unrealistic; furthermore, {quote}giving law enforcement the additional powers challenging the communities' internal structures while handing them a census that details the name and location of its members may compound the communities’ problems.{/quote}

 

There are still outstanding legal issues around the ability of these individuals to be recognized as full and equal citizens by the state. The legal reforms that could be instituted are the recognition of the third gender within the national identity card system (a measure that subsequent petitions have attempted to address, which I will cover in a future column); the ability of these individuals to legally change their sex from male to female if they so desire; enactment of laws against harassment, discrimination and violence within the home, on the streets and at the workplace.

 

In fact due to systematic and systemic oppression faced by hijras and zananas over a prolonged period of time, any substantive amelioration of their condition requires affirmative action to be instituted for their benefit. Such provisioning must be undertaken by the Parliament. Although the Court may bring this issue to the Parliament's attention or even strike down laws that are prime facie discriminatory, it is not empowered to make new laws, which is, in the final analysis, the purview of the legislature.

 

 



1. Article 14 states that “the dignity of man and, subject to law, the privacy of the home, shall be inviolable.”


 
Walking the Line E-mail
2010: 7 - Society
Written by Hadi Hussain   
Thursday, 11 November 2010 18:08

Every society is an accumulation of certain norms and belief systems which define and establish the standard operating procedures by which it functions. However, the basic difference lies in the nature of the society: traditional cultures have relatively rigid, conservative and holistic approaches towards social institutions and liberal cultures are more open, liberal and individualistic in nature. Therefore, gender roles are more fluid and less conventional in liberal cultures unlike traditional cultures that have more stringent gender role divisions with fixed gender types pertaining to what it means to be masculine or feminine.

 

Recently I was going through various perspectives explaining gender roles and gender culture and I realized that every culture has mostly the same expectations and prototypes of males and females. For example, traditionally, in every culture, women are supposed to be emotional, altruistic, interested in sewing and cooking, dependent and suitable for housework; whereas men are supposed to be aggressive, confident, interested in sports, independent and suitable for workplace environment. Although, with the passage of time, the degree of these gender roles has evolved, the effects of traditional gender division are still very strong.


To better explain this process, I would like to look at a gender-role socialization approach, which not only provides a sound rationale for the development of gender prototypes but is also helpful in suggesting ways to curb the traditional male/female gender role dichotomy. Gender role socialization explains how different agents (people and objects) in an individual’s environment provide models and rewards that shape his/her behavior to fit gender role norms. Agents can be parents, relatives, peers, literature or media – elements that serve as the basis for the development of gender prototypes and roles.

 

During my childhood, which wasn’t different from any average Pakistani childhood, I remember my parents determining different sets of rules and regulations for me and my younger sister. I was always made to wear blue whereas she was made to wear pink. As a child I learnt that colors do have a gender as well, but how or why is still a mystery to me.

 

Similarly, I still remember that after on of our routine sibling fights, when my sister was taking the mickey out of me, my mother would discipline me (in more technical terms physically abuse me) in relatively more harsher terms than my sister, saying “Tumhain sharam nae aati behan say lartay ho. Pata nae larkiaan nazuk hoti hain?” (It’s so shameful of you to fight with your sister. Don’t you know that girls are very delicate?) I think that if my mother had ever been kicked or punched by my sister, I would have got some sympathy.

 

Teddy bears, dolls, pink clothes, the gentle emotional tone of my parents encapsulated with lots of hugs and kisses – these were only for my sister because she was a girl and girls were supposed to be brought up like that where as guns, building blocks, trucks, blue clothes, harsh disciplinary actions, occasional hugs and once in a lifetime kiss were what I was brought up on. I was a boy and I needed to be made rough and though. That was the way my parents and their parents had been brought up, with similar kind of societal norms categorizing genders in to mutually exclusive blocks. Thus parents are the primary actors in this gender role acquisition and socialization that moderate our behaviors in certain ways to classify us in what our culture thinks a male or female should be.

 

Apart from it, the books we used to read or rather were forced to read (and we still are reading) model and encourage gender appropriate behavior. Everyone learned alike from Cinderella, Sleeping Beauty, Miraat ul Aroos and other local digest oriented stories. “What is beautiful is good” and is clearly rewarded. Specifically, men fall in love with beautiful women; good women are obedient, gullible, vulnerable and – if beautiful – will be rescued by men; other women (stepsisters and stepmothers) are evil, competitors for men; and a woman’s ultimate dream is to marry a rich, handsome prince.

 

Similarly, the media is also responsible for strengthening these stereotypical images of males and females. Almost every cooking oil ad claims that by using XYZ cooking oil any woman can become a great Maa, Bahu or Biwi or by using such and such whitening cream any woman can get a handsome and rich husband. Likewise, men are depicted as the great saviors and stuntmen while chanting “Darr kay agaye jeet hai.” Such stereotypical depictions are merely directing our behaviors towards a specific gender culture and making us gender static individuals.

 

Thus, it is clear that through various socialization agents, individuals tend to acquire specific gender roles but if we start re-establishing these gender roles since the beginning, we can have gender aschematic, dynamic society which will be more diverse and accepting and free from sexism and gender discrimination.

 

 


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