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Journal of Law and Society
Vol. 48, No. 68
Law College University of
Peshawar, Jan, 2016
31
THE PLIGHT OF EUNUCHS IN PAKISTAN: AN OVERVIEW
Faisal Shehzad
1
Sohail Farooq
2
Abstract
Concept of gender binary is becoming irrelevant with passage of time. Sex is
assigned at the time of birth, and gender is a self-assigned social role that one
prefers to be identified with in any society. The article has referred to high level
of deprivation, alienation, discrimination, abuse and hostilities faced by
eunuchs in Pakistan on touchstone of international human rights standards.
Recommendations are given for humanely treatment and determination of legal
status of eunuchs in Pakistan in accordance with the international human rights
instruments.
Keywords: Definition of eunuch, problems, rights.
Introduction:
It is hard to accommodate eunuchs or people with diverse sexual orientation in
social and cultural, political or monetary circles in Pakistan; they are not able to
get their due share as citizens and benefits from social structures and other
institutions. Socio-cultural, legal, educational and health services are extremely
constrained for a person with a diverse sexual identity. They are considered as
someone suffering from any sort of deformity and are leftover from the
mainstream society ultimately they are outcast and are legally invisible
therefore their access to resources and services is limited. They are excluded
economically, socially and politically. This study has referred to the high level
of deprivation, alienation, discrimination, abuse and hostilities faced by
eunuchs‟ particularly in Pakistan and generally throughout the world. In urban
areas of Pakistan eunuchs are called for blessings on various auspicious
occasions like male baby birth, weddings etc. but still they are not accorded
with equal status. The findings of a study in Bangladesh also reveals that hijra
population stand excluded from economic, political, social, cultural and civil
rights because of their divers sexual orientation, a social worker sensitized the
issue regarding the inclusive approach in the society to help them get back in
the mainstream, people around eunuchs, religious scholars neighbored in the
society were educated and sensitized on the significance of their identity as
humans and citizens (Habib and Tehmina, 2013).
It was also discovered that there is no job market for their skills and abilities
and there is also no job quotas for them, it was further learnt that on job are
seriously ridiculed, harassed and discriminated, they are physically, verbally
and sexually abused. Their deprivations are purely because of non-recognition
1
Assistant Professor, Department of Law & Sharia, Islamia College Peshawar.
Email: faisal.shahzad@icp.edu.pk
2
Department of Economics, Hazara University Mansehra Pakistan. Email: sohail@hu.edu.pk
Journal of Law and Society
Vol. 48, No. 68
Law College University of
Peshawar, Jan, 2016
32
of their gender identity beyond the established binary of gender orientation.
Such extreme social exclusion destroys their self-esteem and sense of social
responsibility. During the course of this study a number of definitions,
explanations and cultural existence of eunuchs in various countries were
elaborately discussed. Eunuchs may be called with different names in many
countries but the underlining principle regarding their existence is having
glaring similarities throughout the world. It is safe to conclude based on the
study that there are three broader categories of eunuchs:
Humans having a deformed genitalia
Those people who are having both male and female sex-organs famously
called Hermaphrodites or cross dressers.
Those males who undergone a castration, or any other medical procedure to
align their physical sex with their brain sex. The medical procedure is
called SRS (Sex re-alignment surgery) and can be resorted to by any
human.
The word eunuch is derived from the Greek eune "bed" and ekhein "to keep", or
as "bed keeper (Hornby, A. S. 2004)."Eunuch" is defined as "a castrated man
employed as a harem attendant or as a functionary in certain Asian courts,” and
“a man or boy whose testes are nonfunctioning or has been removed (Mifflin,
H.2000).
Eunuchs are not males or females but belong to a third gender which is yet to be
acknowledged and recognized by many societies in the world including
Pakistani society.
Eunuch is not a male because, they have an imperfect or missing male sex organ
or they have no sexual desire for the opposite sex i-e females or they carry a
female name, walk and behave like females even they prefer to dress like them.
It is to be remembered that even though if they don‟t look like normal t hat in no
case mean they are suffering from any medical deformity or psychological
illness, rather they are born with their somehow peculiar to society mind
makeup or sexual orientations.
Similarly eunuch is not a female because, they do not possess female
reproductive organs or they cannot conceive pregnancy. Therefore they belong
to a third category of sex which is called the third sex. But unfortunately the
legal system of Pakistan does not recognize the existence of a third gender and
neither do the society. This renders them legally and socially invisible to the
state.
We have also been successful in establishing a viable and logical difference
between gender and sex, the latter is purely a physical reality whereas the
former is based on sociological phenomena. Sex is assigned at the time of birth
Journal of Law and Society
Vol. 48, No. 68
Law College University of
Peshawar, Jan, 2016
33
and gender is a self-assigned social role that one prefers to be identified with, in
any society.
Problems eunuchs are faced with in Pakistan:
Though there can be seen rare glimpse of hope and change in the attitudes of
both the state and in the civil society towards eunuch‟s plight in Pakistan,
however a great deal still needs to be done in addressing the gruesome violation
of their basic human rights. After a detail and thread bare analysis of this all
important issue the actual position and status of eunuchs in Pakistan is
hereinafter revealed as:
Though the constitution of Pakistan recognizes eunuchs as person but does
not acknowledge their status as third gender, therefore they are confronted
with social, civil and political problems and are arbitrarily subjected to the
violation of their rights both as citizens and humans.
The issue of computerized identity cards has largely been resolved by the
august supreme court of Pakistan in 2009 in the Aslam Khaki case
1
, but as
most of the eunuchs expressed their dissatisfaction and were reluctant over
the inclusion of their natural father‟s name in the column of parentage in
the CNIC. They wanted to be identified with their guru‟s name as guardian
if not father. Majority of eunuchs do not feel comfortable in revealing their
natural parents identity, giving the fact that a good number of eunuchs are
abandoned by their real parents and are raised by their gurus.
There is no statistics available as to their actual population, literacy rate and
other important data; this is due to the fact that no conscious attempt was
ever made by the state to record their data through census.In Pakistan, an
estimated unconfirmed and unofficial number of 80000 to 300000 eunuchs
exist and are spread all over the country (Pakistan Bureau of Statistics,
2010). Nor do the standard census formats include and accommodate this
segment of society; however an encouraging attempt in this connection is
made in the census of 2016-17.
Eunuchs face an alarming degree of prejudice in the Pakistani society, such
indifferent attitude often result in violence and that too of brutal nature, in
the public places, police stations and prison houses.
Since most of their population is forced to live in slums or areas that are not
congenial for healthy substance resulting in causing them to suffer from
various medical complications including HIV which is mostly due to their
unsafe sex methods and prostitution. The general attitude of medical
apparatus is mostly unwelcoming towards eunuchs or in some cases
insulting and intimidating. This negates one of their basic rights to health
facilities and also vitiates their right of equal treatment enshrined in the
constitution and its legislative spirit.
Journal of Law and Society
Vol. 48, No. 68
Law College University of
Peshawar, Jan, 2016
34
The entertainment industry and media in Pakistan identify their role in the
most negative manner, they are portrayed as mere articles of amusement;
kids are raised with this unpropitious infused and perverted mind sets.
Eunuchs are not owned by the Pakistani society; they are ridiculed and
subjected to a high degree of contempt. The irony is that even their own
families abandon them as soon as they come to know about their sexuality.
Eunuchs in Pakistan finds it extremely difficult to have an access to good
and quality education though the eighteenth amendment has declared
education as a fundamental right.This is due the societal constraints and
inability on part of the state to convey them with a sense of accommodation
and inclusion (Chaudhry G.M. 2010)
Eunuchs are mostly denied employments opportunities in Pakistan
therefore they are often forced into prostitution and other degrading sources
of income.
Recommendations and necessary steps:
Pakistan has to do a lot to give transgender community their due right of
recognition before the law as third gender. This transition from the stereotype
concepts of gender binary will not only have to challenge the existing preset
legal notions but at the same time a broader societal and cultural shift will
redefine its approach towards eunuchs in Pakistan. This is an established reality
that Pakistani society is by far conservative, dogmatic and ritualistic. Change
operate very slowly in such close societies, however it‟s inevitable. Therefore
following recommendations if considered, will help them get one step closer to
their destination of achieving a full status of third gender, which will legally
introduce them to the society and perhaps create the all needed social space for
their prosperous substance.
Creating Sensitization Regarding the Issue:
a. The primary responsibility is that of parents who should keep a close eye
on their kids and create a congenial environment in the family and
especially with kids to openly discuss their issues and discomforts.
b. A detail and comprehensive scheme should be launched to create a broader
awareness in the society by taking all stakeholders on board including
religious leaders, teachers, and people from civil society to help spread
awareness regarding eunuch‟s plight and its impact on the overall
commonly shared society.
c. There should be a complete recode of all eunuchs in Pakistan as to their
exact number, their financial status, literacy rate and their sources of
income. This will put the state in a better position to decide whether they
should be given with social security and other forms of assistance. This
exercise should be carried out district wise. Such seriousness on part of the
Journal of Law and Society
Vol. 48, No. 68
Law College University of
Peshawar, Jan, 2016
35
state to address this issue may help in creating a societal acceptance for
them in the general public.
d. With the devolution of majority of powers to the local level, eunuchs‟
problems should also be made to be looked after by such governments.
Suggestion should emerge from such levels to enable the state to formulate
necessary policies for the uplift of such an ignored segment of society.
e. Government and private sector should devise inclusive means by involving
eunuchs in productive activities. Their novel skills in doing various jobs,
which cannot be that efficiently carried out by males or females, should be
used wisely and effectively in the interests of the state, society and eunuchs
collectively.
f. The state will have to revisit its policies in dealing with people of diverse
sexuality; it should convey a sense of seriousness in addressing the issue
which is unfortunately by far missing from Pakistani society.
g. Media has a pivotal role in neutralizing the concocted and perverted
mindset that it has created regarding the eunuchs since ages. There is a
great need to adopt a humanistic approach in addressing eunuchs and their
plight. Media should stop treating them as mere articles of amusement and
ridicule.
Legal Measures to Entail Eunuchs with Legitimate Title as Third Gender:
1. The definition of the expression „person‟ provided in section 3 of The
General Clauses Act, 1897 need further elaboration to encompass the
transgender population within its scope.
2. Section 8, 10 and 11 of Pakistan penal code also need to be redefined, the
expression gender is defined by section 8 PPC which explicitly denote and
classify gender into male and female and further the already established
gender binary concept. It is proposed to be amended in favor of transgender
people by broadening the ambit of its definition, whereby gender shall not
be limited to male and female only. Now the world acknowledges the
existence of a third gender besides the already prevalent meaning of gender
understanding. Similarly section 11 PPC define the word person which
includes both a natural person (a human being), whether a man, woman or
child and an artificial person (a corporation). However it does not
manifestly accommodate the existence of third gender, though in the
broader interpretation of the letter and text of the statute a legal person is
one who can and can be sued irrespective of their gender orientation as
such. Therefore section 11 in addition to other stated provisions of the law
is also recommended to be amended by including the third gender within its
scope (Pakistan Criminal Law Journal, 1977p. 537)
Journal of Law and Society
Vol. 48, No. 68
Law College University of
Peshawar, Jan, 2016
36
3. A general piece of legislation is recommended for the abolishment of any
form of gender based discriminatory laws in addition to criminalize such
discriminations on the bases of gender orientation, through this legislation
it must also be ensured to treat all eunuchs equal citizens with civil rights
and recognition before the law. Eunuchs through the said legislation are
encouraged to express their gender orientation unlike the prevalent practice.
4. There are certain expressions used in law, based on the positive moral code
which is practiced by a given community in a given time, but things are
rapidly changing new concepts are emerging, the people‟s collective
understanding of their morality is redefining itself. Such expression include
disgraceful conduct, unnatural relations, demeaning attitude etc are quit
vague and leads to divergent interpretations some of which is obsolete now.
Therefore all such out dated, ambiguous and dogmatic expressions are
recommended to be removed from the text of law and replaced with more
precise terminologies. The way eunuchs behave cannot and should not be
termed as disgraceful conduct or characterless attitude for all it has nothing
to do with the real definition of respect and honor. Therefore required
amendments are recommended in the military act and other likewise
legislations, as respect, honor and grace are relative terms. This will help
eunuchs get their actual status as humans first and then citizens of Pakistan.
Section 377 PPC and other laws that isolate the same sex sexual acts between
consensual adults are also recommended to be abolished. As this is increasingly
becoming a mere liability and police is manipulating this provision against
eunuchs in majority of cases.
A comprehensive sexual assault law is recommended to be enacted which will
apply across the board on all irrespective of their gender orientation and age.
This is only possible if section 375 PPC is amended to include the referred acts
within the definition of Rape.
The constitution of Pakistan 1973 needs to be amended to include sexual
orientation as a ground of non-discrimination. A detail civil rights legislation
should be brought to provide sexuality minorities the same protection and rights
available to others on the bases of sex, cast creed and color.
The definition of marriage in the Pakistani law shall be made more exhaustive
which is at present merely limited to the procreation of offspring alone.
Marriage is social tie that in addition to procreation also serves as contract
between opposite sexes as companions in their lives. Modern science has
answered the question of procreation of children between eunuchs through seed
plantation or SRS (Sex re-alignment surgery). Therefore a broader and
pragmatic approach shall be adopted while even interpreting the provisions of
Islam in dealing with the matter of eunuchs‟ right to marry. It is thus
Journal of Law and Society
Vol. 48, No. 68
Law College University of
Peshawar, Jan, 2016
37
recommended to amend the law and allow the people of third gender to exercise
their right to marry, which is also guaranteed by a number of international
human rights instruments including UDHR 1948.
Every human is free to decide and opt for their gender identity and orientation
and therefore state should by law make sure that every person is made entitled
and protected as such.
Introducing Police Reforms:
During the course of interviews of eunuchs in the three targeted districts, for the
purpose of data collection for this study, it was revealed that police is the only
institution which harass eunuchs the most. This is partly due to the obsolete
colonial legislation of Criminal Tribes Act of 1871, whereby all eunuchs as a
tribe was declared criminals and police was authorized to arrest and scrutinize
their activities. Since then the police of both the countries Pakistan and India
could not come out of this mind set. Therefore police reforms in this regard are
essential to help eunuchs and save them from police persecution.
The police administration should appoint a standing committee comprised of
station house officer, human rights and social activists. They shall ensure to
investigate all such violations and abuse against eunuchs and propose penalties
against those police officers in default.
The police procedure shall be made more transparent and all information
regarding the arrest, detention and penalties shall be made public if awarded
against any proved violation of law by eunuchs.
The police at all ranks should undertake sensitization workshops and training to
break down their social chauvinisms and train them to accord sexually
minorities the same courteous and humane treatment, as they should ideally
keep towards the general public.
There shall be a separate enclosure for eunuchs in all police stations, prison
houses and penitentiaries.
Intervention by Civil Society:
The civil society organizations, human right activists, social mobilizers must
also play their due role in taking up the issue of sexually minorities and the
violation of their basic human and legal rights since this issue is admittedly of
grave significance. They should make this a part of their mandate.
A detail sex based education shall be included to the school curriculum that
challenges the already existing heterosexual bias and let the student develop a
neutral and independent opinion and understanding which foster a liberal
outlook of the matter pertaining to gender orientation and its consequences.
Journal of Law and Society
Vol. 48, No. 68
Law College University of
Peshawar, Jan, 2016
38
Pakistan media regulatory authority (PEMRA) shall issue directives to all media
houses to foster respectful attitude in treating these issues and refrain from
defining negative and ridiculed roles regarding eunuchs in the media.
Notes and References:
Chaudhry G.M. (2010). The Constitution of Pakistan 1973, Lahore, Federal Law House
Rawalpindi & Lahore, Article 25 A
Habib and Tehmina (2013) A Long Journey towards Social Inclusion: Initiatives of
Social Workers for Hijra Population in Bangladesh,
http://hdl.handle.net/2077/32545 retrived on ( 14/03/ 2015)
Hornby, A. S. (2004) Oxford Advanced Learner‟s Dictionary of Current English,
Glasgow, Harper Collins Publishers Seventh Edition p.483.
Mifflin, H. Eds. ( 2000) The American Heritage Dictionary of the English Language,
p.613.
Pakistan Bureau of Statistics
Pakistan Criminal Law Journal, 1977, p.537
Notes
1
PLD, 2013. Supreme Court p. 188Constitution Petition No 43, 2009. Dr. Mohammad
Aslam Khaki & another....Petitioners Versus Senior Superintendent of Police
(Operation) Rawalpindi & others....Respondents
