Despite Pakistan’s constitutional commitment to equality, intersex individuals continue to face systemic discrimination and neglect. While many countries have taken steps to recognise and protect intersex rights, Pakistan lags in ensuring their legal and social inclusion. For instance, Malta has banned non-consensual surgeries on intersex infants—an essential step Pakistan has yet to consider.
Although legal frameworks are designed to protect all citizens, they frequently fail to address the unique vulnerabilities of the intersex community. The lack of explicit protections leaves them exposed to stigma, medical exploitation, and institutional neglect, further marginalising their existence.
Deeply rooted societal norms dictate rigid expectations of gender, excluding those who do not conform to these binaries. Intersex individuals are often perceived as disabled, not because of physical impairments but due to societal constraints imposed upon them.
Pakistan’s Constitution, particularly Article 25, guarantees equality for all citizens. However, in practice, intersex individuals do not receive the same level of protection as women and children. Without specific legal recognition, they remain vulnerable and overlooked.
Existing laws meant to safeguard marginalised communities often fail to address intersex-specific challenges. The Transgender Persons (Protection of Rights) Act of 2018, for example, broadly defines "transgender persons", grouping intersex individuals under a category that does not fully represent their distinct identity and struggles.
Healthcare remains a critical issue for intersex individuals in Pakistan. The lack of specialised medical facilities and trained professionals contributes to widespread mistreatment. Despite the 2018 transgender protection bill, there are still no gender health clinics, and non-consensual cosmetic surgeries—meant to enforce binary gender norms—continue to be performed. The United Nations recognises such procedures as human rights violations, yet Pakistan has not implemented policies to prevent them.
Human rights organisations, including the United Nations and the Yogyakarta Principles, emphasise the right to bodily autonomy and protection from forced medical procedures. However, Pakistan’s legal system has yet to incorporate these principles. To address these challenges, medical education reforms are needed, along with increased awareness among healthcare providers and the establishment of dedicated intersex healthcare services.
The intersex community in Pakistan faces severe challenges due to legal gaps and deeply rooted societal biases. Despite constitutional promises, they remain marginalised within medical, legal, and social structures
The media plays a powerful role in shaping public perceptions. The Argentinean film "XXY" presents an insightful portrayal of the struggles intersex individuals face, highlighting bullying and societal rejection—experiences that mirror the reality in Pakistan.
Language further reinforces negative stereotypes. Derogatory terms like "chhakka" and "khusra" remain common, dehumanising intersex individuals and alienating them from society. A shift in media representation, emphasising accurate and respectful portrayals, is necessary for change.
The Transgender Persons Act of 2018 guarantees free education for intersex and transgender children. However, this initiative lacks enforcement, making it ineffective without comprehensive anti-bullying and anti-sexual violence policies. Many intersex children face violence both at home and in school, leading to early dropouts and restricted access to education.
For real inclusivity, educational institutions must enforce strict anti-bullying policies, train teachers to create safe spaces, and actively support intersex students. Until these measures are in place, intersex individuals will continue to be excluded from mainstream society.
The concept of intersectionality is crucial in understanding the layered discrimination intersex individuals face. Unlike transgender individuals, who identify with a gender different from their assigned sex at birth, intersex people are born with biological traits that do not fit traditional male or female categories.
Merging intersex identities under the transgender umbrella erases their distinct experiences, often diverting attention and resources away from their unique challenges. Acknowledging these differences is essential to ensuring proper legal and social recognition.
Academic and activist-driven frameworks have long analysed how societies perpetuate discrimination. The Social Model of Disability argues that disability is not an inherent limitation but a social construct, created by rigid medical, legal, and governmental structures.
In Pakistan, many intersex individuals have no physical impairments, yet society assumes they are incapable of participating in the workforce. The documentary Pakistani Transgenders: The Open Secret illustrates this reality through Maggie, an educated transgender woman who aspired to become an air hostess but was instead forced into prostitution due to social barriers. This highlights how prejudiced norms limit career opportunities for both intersex and transgender individuals.
Legal protection for intersex individuals remains inadequate. Rape cases involving intersex and transgender individuals are rarely taken seriously. Maggie’s experience of gang rape, as shown in the documentary, underscores this injustice. When she sought police help, she was dismissed with the remark that it was part of her job. Such responses emphasise the urgent need for legal reforms to protect intersex individuals from sexual violence and discrimination.
In 2012, the Supreme Court of Pakistan recognised the rights of intersex individuals, declaring that they should be treated as equal citizens. However, implementation remains weak. Many intersex individuals struggle to obtain accurate identity documents, restricting their access to employment, education, and healthcare.
Anjum, a character from Arundhati Roy’s The Ministry of Utmost Happiness, serves as a literary representation of intersex struggles in South Asian society. Born as Aftab, Anjum’s life journey reflects the deep-seated discrimination intersex individuals face, both within families and in society.
Her story is a powerful reminder that intersex individuals are still excluded from legal and social protections. Representation in literature and media can challenge harmful narratives, fostering greater awareness and acceptance.
The intersex community in Pakistan faces severe challenges due to legal gaps and deeply rooted societal biases. Despite constitutional promises, they remain marginalised within medical, legal, and social structures.
To ensure true equality for intersex individuals in Pakistan, it is crucial to implement comprehensive legal and social reforms. Granting intersex individuals a distinct legal identity with specific rights will provide them with the recognition they deserve. The healthcare system must prohibit non-consensual surgeries while training medical professionals to address intersex health needs with sensitivity and expertise. Educational institutions should enforce anti-bullying policies and promote inclusive curricula to foster awareness and acceptance. Strengthening anti-discrimination laws, particularly in workplaces and legal proceedings, will help protect intersex individuals from systemic bias and violence. Most importantly, intersex voices must be included in policymaking to ensure that laws and policies reflect their lived realities, paving the way for a more just and inclusive society.