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since the only use gurus have for their own kind is through
money (sex workers, begging) - investment is made in the
chayla - and then they get hormonal injections (they start
losing hair on their body, silicone implants) and get turned into
the call girl role, enacting their social role. This is conversion
of transgender to transsexual being to Khuwaja Sira Aurat (also
called Hijras).
Khuwaja Sira Aurat were defined in Islamic Fiqah as people
who use or have developed female area for urination. Some
even define them as those who dont have menses, breasts not
fully developed and have a bone in the urine area. Everyone I
spoke to said that most of the people in Pakistan were KSAurat
(the operated ones) and some were KSMard.
There is division in the Khuwaja Sira community and
representatives as to which is more natural or who to include in
Khuwaja Sira header itself (Mard/Aurat). For e.g. some groups
believe that men who can have children have no right to be
included in Khuwaja Sira whereas other groups believe that men
who get operated upon to turn themselves into women are fake
Khuwaja Siras. There is even division on whether KSM who can
have kids are gays or not - for e.g. one KSM guy I spoke to said
that gays are different from us since they dont like to dress up /
make up as women as much as we do (!)
The term transgender is used to include many different types of
people and is confusing hence you should confine yourself only
with using actual KSM/KSA/Mushkil wording.
SUPREME COURT:
After Dr. Aslam Khaki filed Constitutional Petition no. 43 of
2009, for rights of transgender as in right to dignity, to
inheritance, right to live with their parents, for the welfare of
abandoned community, in 2009 SC declared transgender as
citizens of Pakistan and directed SWD to register and protect
their basic human rights. CJ said eunuchs are also citizens of
Pakistan and should be given basic fundamental rights
guaranteed in the constitution.
After the original ruling all that has happened till 2012 is more
hearings to see whether the original ruling was complied with
(called Compliance Reports). Way back in 2009, CJ/SC had
declared that eunuchs were entitled to shares from inherited
property - its not a new judgment - its simply that CJ is given
progress reports and he then makes orders on the basis of those
reports.
Social Welfare Department (in 2009 the authority lay with
federal level; now there are provincial SWDs and ICT SWD
comes under Gondals Capital Administration Ministry). They
were asked to not only register KSM/KSA community as a
census to determine their total population but also to provide
facilities for them for education (technical/ vocational) and to
get medical certificates on the basis of which their right to
property could be ascertained - by writing to DCOs. SWDPunjab said no it had never been given such a directive to do
medical tests.
BALOCHISTAN Male Eunuch 17; Female Eunuch 21; Khonse-Mushkil 12; Total 50; Voters 37
G-B Male Eunuch 2; Female Eunuch 1; Khons-e-Mushkil ___
Total 3; Voters ____
AZAD KASHMIR Male Eunuch 2; Female Eunuch ___; Khonse-Mushkil 2 Total 4; Voters ___
TOTAL Male Eunuch 568; Female Eunuch 335; Khons-eMushkil 105 Total 1008; Voters 698
MUSHROOMING OF KHUWAJA SIRA NGOs:
This is a fact acknowledged by everyone - that before 2009 no
social welfare department had heard of KS NGOs and it was
only after the SC ruling that they sprouted out - the general trend
is that gurus in various cities have formed their own grand or
regional or local alliances and want to have a stake / maintain
hegemony through NGOs on their chaylas or KSM/KSAs. SWD
Islamabad (who used to have data on all Pakistan NGOs before
18th Amendment) has to give the statistics but Director Fayyaz
Bhatti said that just like before Zia-ul-Haqs Zain daughter, there
were no special education departments etc. and everything was
built overnight, similarly, before SC 2009 ruling he hadnt heard
of a KS NGO. But the Baseline Survey (June 2012) was
impossible without the help of local KS - the original
anthropologists were beaten up by Bari Imam eunuchs thinking
they were there to get them evicted etc.) and SWD-Islamabad
had to take help of local eunuchs (Kashish, Express News
ZAKAT/USHR:
There is no restriction on giving aid to them, however the
Chariman Zakat/Ushr Committee Rawalpindi, Syed Izhar
Bukhari, I spoke to said no one had ever come to collect it. After
SC ruling, financial assistance packages ranging from 5,000 to
10,000 were provided from BaitulMaal - but no one availed of
the service (KS NGOs say no one provided them the benefit).
Nor from Benazir Income Support Programme.
Maulana Siddiq (Bari Imam Muslim Town Maulvi) said that KS
should pay the chanda for mosque rather than a portion of
mosque chanda be paid to them.
LAW:
PPC Sect. 377 deals with unnatural offences: 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 a fine.
Eunuchs (Khawaja Saras) Welfare and Rights Bill, 2012 was
made by SWD-Islamabad on directives of CAD since SWDIslamabad said that they didnt know how many in Islamabad
had CNIC or had property - this draft has been sent to CAD
Ministry - from where it will go to Law Ministry - who will send
it to all stakeholders like Finance, Human Rights, interior,
Religious Affairs, Islamic Ideology Council etc. and then sent to