By Nayyab Ali, Global LGBTQI+ Human Rights Fellow (2025-26)
The views expressed below are those of the author and do not necessarily reflect those of the Carr-Ryan Center for Human Rights or Harvard Kennedy School. These perspectives have been presented to encourage debate on important public policy challenges.
A Global Backlash
Transgender Day of Visibility is observed on the 31st of March every year to acknowledge achievements, struggles, and existence. However, in reality, the very existence of transgender persons is challenged in many parts of the world. Their struggle to secure basic rights, including the right to live, has been severely undermined by the rise of anti-gender movements across the globe, including both religious and political movements.
Being a transgender person living and working in South Asia is not only very challenging but can also be very dangerous. The reason for writing about this topic is not only my work as a human rights activist, but also that, as a transgender person myself, I seek to raise my voice for this quite marginalized segment of society. Raising such a voice in societies like Pakistan, where gender inequality is deeply rooted in different forms, is not only challenging but also life-threatening.
Such identities are not new or recently formed; historical accounts show that Khawaja Siras (a traditional South Asian term for transgender and gender-diverse people) not only existed with respect in Mughal courts, but also served as advisors and administrators and were trusted by royal families. They have also been part of cultural and religious rituals in the region we call South Asia, which shows that gender diversity has always been part of the fabric of this society.
However, after the fall of the Mughal Empire and the arrival of colonial powers, new laws were introduced that further marginalized gender-diverse communities and labeled them as immoral. As a result, this community is facing social inequality and hate from society.
According to many scholars, a very strong “transnational anti-gender movement,” which is a coordinated effort by the far right groups with political groups, has emerged in the contemporary era.
Such campaigns often have similar agendas and disguise themselves in the name of religion, culture, or nationalism. As a result, many legislative attempts have been made to put limitations on transnational people, restrict their basic rights, and marginalize them in society; such efforts not only lower their morale, but also prevent many people from the trans community from reaching their full potential due to a lack of opportunities. Such policies not only restrict their voices at the domestic level, but also on international platforms where human rights policies are developed.
Fighting for Space and Rights
As a trans activist, it has always been very tough and next to impossible to find space at international diplomatic platforms. At the same time, overcoming these challenges has been beneficial not only for the individual but also for the hosting institution.
I got the chance to represent marginalized communities in Pakistan globally at the UN, in front of delegations and representatives from 199 countries, on multiple occasions, where I tried to put forward how marginalized communities, especially transgender people, suffer the most in the current era. Such moments matter greatly and show who is truly supposed to be in global international spaces.
Even though I was able to address international platforms, the struggles at home could not be ignored. The Transgender Persons (Protection of Rights) Act of 2018 was a major milestone achieved in Pakistan. This law not only recognized the identity of transgender people, but also gave assurance to the trans community against any discrimination in health, education, employment, and public life. It was perhaps the very first time that Khawaja Siras were legally recognized as equal citizens of Pakistan.
But not so long after this Act was passed, right-wing groups in Pakistan challenged the (Protection of Rights) Act, 2018 in the Federal Shariah Court, claiming that this law had violated the basic principles of their religion. As a gender and human rights activist, that became a matter of survival not only for me but for the whole community. The Federal Shariat Court of Pakistan ruled on a few clauses of the Transgender Protection Act, stating that they were not aligned with the principles of religion. The court stated that a person’s gender could only be determined by biological sex. It also clarified that Islamic law primarily recognizes only two genders, male and female. It also addressed inheritance, stating that an individual cannot claim a share based on self-identification. In short, the decision put limitations on the recognition of the transgender community in Pakistan.
Fighting such a complex battle requires playing multiple roles; at times I have to defend this argument as an academic researcher, sometimes as a human rights activist, and sometimes as a diplomat when I discuss it with delegations from different international and governmental departments.
It is very important to know that every role demands a different kind of struggle. As an academic researcher, I have to provide evidence, references, and analysis, whereas being a policy advocate demands diplomacy and negotiating skills. As an activist, it requires a lot of courage and steadfastness. But all of these roles are somehow integrated, especially when the matter is about marginalized communities seeking their basic rights and justice.
Why Visibility Matters
It is essential to mention that all this visibility on different international platforms comes with huge risks. Transgender people face a lot on a daily basis, including harassment and life threats; people think of them and see them as lesser humans. Going out in public is triggering for them, let alone representing and speaking at global events, which is often labeled as going against the social fabric and religion.
In 2016, an incident at Lady Reading Hospital highlighted how important this identity issue is, specifically in Pakistan. A transgender activist named Alisha was brought to the hospital after being shot, but instead of treating her immediately, doctors wasted crucial time deciding whether to place her in a male or female ward. Due to that confusion, she lost a significant amount of blood and lost her life without receiving treatment. This incident highlighted the criminal negligence, biased attitude of authorities, and gender discrimination in society. It also emphasized how important this identity issue is and how it can directly affect the saving of lives within the trans community in Pakistan.
Moreover, the case of Maryam Khatoon Molkara in Iran in the mid-1980s shows how visibility can change the legal as well as religious interpretation of gender identity. After a lot of struggle in society, she was able to directly approach Ayatollah Khomeini and brought the struggles of transgender people into religious discourse, which led to a fatwa (religious decree) declaring that sex reassignment is permissible under certain conditions in Islamic law. This ruling gave religious legitimacy as well as legal recognition to the trans community in Iran and showed that visibility can not only challenge but sometimes change existing norms and create opportunities to acquire rights.
Every time a Khawaja Sira represents their community at the national or international level, either in a courtroom, working for legal recognition, or speaking with international diplomats, it helps to create space for such a marginalized community and makes society realize their existence. This is why visibility on all possible platforms is essential. Events like Transgender Day of Visibility not only help to celebrate marginalized communities, but also highlight how much work still needs to be done in this field, especially in underdeveloped countries like Pakistan. This has encouraged gender-diverse communities to create more such events and highlight their struggles in South Asia. These efforts are not only for recognition but also to secure equal opportunities in every walk of life, so that they can live with dignity and play their part in the betterment of society.
In the modern age, where the world is moving faster and anti-gender debates and politics are ongoing, it has become even more crucial to talk about gender inequality, specifically for the most marginalized communities, such as Khawaja Siras. All of this struggle is not only about their identity, but also about ensuring they receive their due rights to education, health, jobs, and every walk of life, so that they can play a vital role in the development of society and be useful citizens in every possible way. Being able to represent marginalized communities is not only a privilege, but also a symbol of resistance against the oppression of forces that seek to suppress their voices.
