Situation for Suhana Jan was already getting out of hand. The man who had allegedly shot and killed her fellow transgender, Spoghmay in the provincial capital, Peshawar in November 2017, was now after her. She survived the attack and fought relentlessly against harassment, till she decided she couldn’t take it anymore and decided to relocate to Germany.

“I had a team of 12 lawyers in the court but the judiciary failed to provide me justice and this person, against whom I had filed a complaint, was set free within a day,” Suhana Jan, said in an interview from Gutenberg, where she lives on social security after seeking asylum.

The journey for the 28-year-old trans from Swat -- from discovering her identify to trying to live with social prejudices -- has not been easy and showcases the plight of a large number of her community members, who face discrimination and prejudice on a daily basis.

“I was seven-year-old, working at a house when I realised that I am a transgender person,” She said. She was a minor and loved wearing girls’ clothes.

She left Swat during mass displacement due to a military operation in the scenic valley in 2009 and stayed at a house in Peshawar. Scared that someone would discover her identity and kill her, she said she would often lock herself in a room and refuse to come out.

For decades, transgender individuals in Pakistan, known locally as ‘khawaja sara’ or ‘hijra’, endured systemic discrimination and social exclusion. Lacking legal recognition and access to basic rights, they were often forced into begging or indulge in sex work to survive. Violence against transgender persons was rampant, with numerous incidents going unreported due to fear of further victimisation.

A landmark moment came in 2009 when the Supreme Court of Pakistan ruled in favour of granting transgender individuals the right to a distinct gender category on the national identity card. This legal recognition was a crucial step towards broader acceptance and equality.

The momentum continued with the enactment of the Transgender Persons (Protection of Rights) Act in 2018. This comprehensive legislation ensures transgender people’s right to self-identify, prohibiting discrimination in employment, education, and healthcare.

According to a 2022 report by the Human Rights Commission of Pakistan (HRCP), there has been a notable increase in transgender individuals obtaining the national identity card and accessing educational opportunities.

Notwithstanding legal recognition, the transgender community however, continues to face significant challenges. In 2016, the brutal murder of Alisha, a prominent transgender activist in Peshawar, underscored the community’s seemingly unending vulnerability.

Discrimination and social stigma attached to the transgender unfolds untold stories. At a meeting, a transgender community leader lamented they were not allowed to bury their dead in graveyards. “There is no one willing to lead the funeral prayers or perform the last rites or allow us to bury our dead. We simply dig a ditch and dump the body,” lamented the community leader.

Alisha was shot multiple times and succumbed to her injuries after being denied timely medical treatment, sparking nationwide outrage and calls for better security measures.

The transgender community in Pakistan, however, continues to battle deep-seated prejudice and systemic barriers. Access to healthcare remains inadequate, with many transgender individuals reporting discrimination and refusal of treatment. Educational and employment opportunities also remain limited, with societal stigma often preventing meaningful inclusion.

According to a report by the Trans Action Alliance, over 500 incidents of violence against transgender individuals were recorded in Khyber Pakhtunkhwa between 2015 and 2018. Human Rights Commission of Pakistan (HRCP) also documented numerous cases of harassment, sexual abuse, and murder targeting the transgender community. However, there has been some progress.

“Our society loves masculinity, even if it’s fake. You are appreciated if you put in an effort to masculinise yourself. However, the moment you dare to express your femininity and establish your pride in it, you become a threat. Because femininity is always supposed to be ashamed of itself, and surrender itself to subjugation,” transgender activist Dr Mehrub Awan explains

“As a person with no endogenous testosterone, I first underwent masculinising therapy for three years to pass as a man. That ruined my mental and physical health. Yet that visual of mine is still used on social media to troll me and to call me a biological man,” she recalled.

The journey of transgender rights in Pakistan is far from over. It is a narrative woven with threads of despair and hope and of violence and victory. Each step forward, whether it’s a legislative achievement or a personal triumph, is a testament to the unyielding spirit of the transgender community.

In the words of Nisha Rao, a Pakistani transgender lawyer, advocate and activist, “Every step we take is not just for us, but for future generations. Our existence is our resistance.”

Published in Dawn, June 21st, 2024