Protection from the “sinners”

Where do we go from here?

Trans Action Alliance (Peshawar) Coordinator, Alisha succumbed to her wounds and died. She was shot eight times for trying to protect her fellow transgender persons from harassment. She was taken to Lady Reading Hospital, Peshawar, where important issue was not to save her life but the question if she should be admitted in the male or female ward. The main concern of the doctors and staff was to know about the sex workers and the charges for their services.

There are articles going around on Facebook these days about Pakistan saying no to provide protection to a segment (maybe small but in no way less important) of its society. In 2014, Pakistan voted ‘no’ to UN’s Human Rights Council call for the end of discrimination against LGBTQ people. There were other nations too, including Muslim countries, who opposed the resolution. But since I was born here and live here, I am only going to talk about Pakistan.

So let us analyze together what we have done here by starting with the definition of human rights. According to the United Nations Human Rights Office of the High Commission, and I quote: “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.”

Do you see now what we have done? We have denied a group of people even the status of being called humans. According to the above definition, if you are a human then you are entitled to these universal rights without any discrimination and complete protection from your state, regardless of all the tags you identify yourself with.

But since Pakistan is an “Islamic” state and anything done outside the code given by Islam is wrong, LGBTQ people cannot be called humans. And this is why they don’t deserve to have basic human rights. Alisha died because of this ignorance! But do these people who made this decision for us realise what they have done, not only to the “londabaaz, londibaaz, chahkkay, and hijrahs”, but also to the religion they so lovingly adhere to? This denial of the basic human rights sends the message to every individual that Islam does not consider anyone human who doesn’t accept it. It seems like no one is damaging Islam as much as its own followers.

The state of Pakistan has no right whatsoever to take these rights away from anyone and not provide the protection to its citizens which is the obligation of a state. A state has no right to favour a majority group of people over a minority on the basis of prejudices. This kind of partiality is not just unethical but also put the lives of thousands of people at risk just because the state does not want to protect them. If we had laws against the discrimination of LGBTQ people then maybe, just maybe, Alisha would have been alive today.

But the problem is not with just the laws. Transgender is legally recognised as a third sex now but that has not helped in changing people’s presumed ideas about them. The stigma against transgender people still exists. People still make them a subject of their fun and there are still people who condemn the legal recognition of the third sex. Their legal status does not guarantee the respect a human being deserves. I highly doubt if they would be given the same respect and position and safety given to other genders in offices, malls, educational institutes, etc.

I know the kind of comments this article will get. “Pakistan is an Islamic State. Leave and go live somewhere else if you want to live a life of sin”, “These gay people are sick and brainless. May Allah show them the right path”, “You people don’t deserve to live”, etc. My question to these people is, if you think gay and transgender people are sinners and are sick then why don’t you ask your God why he made us like this. Straight people are straight not because they chose to be straight but because that’s was how they were born. And how do you define natural when you say homosexuality is unnatural? Is a thing natural when it is not caused by humans? Or do you mean the collective physical phenomena that we observe around us? I assure you that no one can “infect” homosexuality and it is as natural as heterosexuality is. Homosexuality has always existed, just as heterosexuality has. And humans are not in danger of extinction because of homosexuals. The world is already over-populated. So homosexuality might be nature’s way to maintain its balance. And anyone can have kids now, if not “naturally” then “unnaturally”. And reproduction is NOT the only function of sexuality. Not every single sexual intercourse results in pregnancy and I don’t think Pakistanis are horny just to reproduce. People use contraception to avoid pregnancy, still have sex after menopause and even during pregnancy. Sex is also recreational and pro-relational.

One of the most common objections to transgenderism and homosexuality is that they are abnormal. What is abnormality and it is defined? Abnormality is usually considered a deviation from norm. But it is not this simple. What is normal? Who define the norms and for what age and culture? The issue of abnormality is a very complex one. The most common standard of abnormality is maladaptiveness, either to one’s self or to society. Transgenderism and homosexuality does not impair a person’s functioning. A heterosexual person can experience long periods of sadness and discomfort as much as a transgender or homosexual person. A transgender or homosexual person can be as functional and has a sense of civic responsibility as any other person. So using abnormality card against them is completely unsound and has no validity to it.

And why should I, or any other person from any other minority group, should leave this country when it belongs to us as much as it to you? A piece of land does not have any religion. It’s just a land. My grandparents migrated from India just like yours did. I go through the same kind of situations just like any other person. This place, its culture, its people, its air, its fruits, every single thing that belongs to you, belongs to me as well. I have the same right on everything this land offers as much as you do. So who are you or the state of Pakistan to take away that right from me? I was born with the right to live. You or any other person or any institution didn’t give it to me. So denying me the same rights that you have is a violation of my rights and a crime against humanity.

People who say that Pakistan as a nation decided not to vote for the protection of gay rights or Pakistan has the right to say no to anything it doesn’t deem right, to these people I would like to say that Pakistan DID NOT decide this as a nation. Pakistani majority did. LGBTQ people were not asked whether they want their rights or not.

This voting against the protection of gay rights is not just life threatening for the people of LGBTQ community, but also is very damaging for the state itself. A state that leaves its citizens vulnerable to attacks is leading its country towards a kind of lawlessness that could be completely out of its control which is against the interest of a state. So if the state cannot provide protection to its citizen on the basis of humanity then at least it should consider if denying those rights is even in its favour.

You don’t have to accept something you don’t think is right. But you don’t have the right to deny others the right to live. As I read somewhere, “If you don’t like something then just don’t do it. It’s that simple. Stop trying to control other people’s lives just because it conflicts with your religion. People matter, beliefs don’t.”