Dear all,

Unusually, I am writing to you to bring to your attention a very troubling legal case in Pakistan, involving Shahzima Tariq and Shamial Raj, who got married in late 2006, and who have since been sentenced to three years imprisonment on the grounds of perjury. The husband, Shamial Raj, was accused of being a woman by his father-in-law. Consistent with the allegations, a court has judged him to be a woman.

However, as you read the details below you will see clear evidence that Shamial Raj was from an early age a gender dysphoric girl, was living as male, had undertaken mastectomy and hysterectomy, and had done all this well before the marriage in question. My own reading of the evidence is that there may be some intersex issues here too.

The two are now serving their sentences, in separate prisons. They are very clearly in love, and are stunned by what has happened. They are mounting an appeal.

Here is a BBC News Report on the case (with photos):
http://news.bbc.co.uk/1/hi/world/6679733.stm

The two enclosed documents below consist of:

( a ) a plea from Nighat Khan of the ASR Women's Resource Centre for letters of support to be sent to the couple. such letters may be valuable in their appeal.

( b ) fuller details of the case, as told by Nighat Khan.

Please send your letters of support, to one of the three emails below:

nskhan46@yahoo.com
nskhan@brain.net.pk
asr@brain.net.pk

Sam

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Enclosure One: Letter from Nighat Khan.



 

Dear Friends:

Several of you have sent your support to Shahzina and Shahmial's

sentence for three years (on the grounds of perjury since they had

maintained that Shamial is a man but medical 'evidence' has proved

otherwise.)

The ASR women's resource centre and myself are trying to support

them in every way, legally, financially, morally, administratively,

logistically and by giving as much personal support as possible. We

are in the process of engaging a senior high profile lawyer for them

to appeal to the supreme court. Hopefully this will be soon.

Meanwhile I am working to try and get the other cases initiated by

Shahzina's father against Shamial to be quashed.

Although this 'case' has triggered off something of a discussion on

LGBT 'issues' in Pakistan unfortunately it is for most people

a 'case'. What is being lost and what I am absolutely overwhelmed by

is that they have done more than what activists have done

collectively in their lifetimes. They have challenged the 'norm' at

every level and have defied the family, society, the law, religion

and the state. I keep telling them how much I am in awe of them. I

am, I really am.

Whenever I see them in prison (they are in separate ones in two

different cities) they regularly ask if they have been forgotten. I

assure them that a lot of people care and are writing in.

THEY NEED THESE LETTERS ADDRESSED TO THEM EXPRESSING SUPPORT AND

SOLIDARITY.PLEASE SEND THESE AT MY EMAIL ADDRESS AND I WILL GIVE THE

MESSAGES TO THEM.

THIS IS URGENT FOR THEM AT THIS MOMENT, AND FOR THEM TO USE LATER IF

AND WHEN THEY NEED TO MAKE A PETITION.

PLEASE send these. I am trying while attending to all aspects of the

situation that they are in to also keep their morale up and even to

see if they are eating well, have some money on them etc. etc. At

the moment other than moral support and ideas of what they could do

when they come out of prison, they do not need other legal support.

If their lawyers do, I will get back to you and also will get back

for financial support if and when it is needed.

I am also worried about what will happen to them once they are out

on bail or by winning their appeal it will be impossible for them to

be safe here since apart from the fact that Shahzina's father

continues to threaten them, it will be difficult for them to live

here in peace. This case has been so sensationalised that it is

unimaginable that people will leave them alone. Immediately I have

offered for them to stay with me but this is clearly not feasible in

the long run and they will need to work for a living. 

Stay with them. AND DO WRITE TO THEM

Regards

Nighat

Please email Nighat at

nskhan46@yahoo.com

nskhan@brain.net.pk

asr@brain.net.pk

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Enclosure One: Case Details






 

CASE OF SHAHZIMA TARIQ AND SHAMIAL RAJ'S FOR ENTERING INTO  "SAME

SEX" MARRIAGE

BACKGROUND AND DETAILS

 

In September 2006 Shahzima Tariq and Shamial Raj got married in a

medium large city, Faisalabad,in the Punjab. Both of them knew each

other since they are cousins. Since they were mutually committed to

each other and determined to spend their lives together they decided

to strengthen this commitment by framing it within a marital bond.

This was to them the most `natural' thing to do. This decision was

also precipitated by Shahzima's father Tariq Hussain since he was

determined to marry Shahazina to someone he owed considerable money

to.

Despite the marriage, or because of it, Tariq Hussain and the rest

of Shahzima's family continued to harass them and filed several

charges against Shamial Raj for kidnapping his daughter and for a

number of offences such as fraud. The two of them then approached a

lower court in Faisalabad to prevent such harassment. The lower

court decided in their favour since they produced their marriage

certificate and because both of them were adults. The family

continued to harass them to a point where they thought that their

lives might be at stake.

Shahzima and Shamial then came to Lahore and found a lawyer, Rana

Sajjad Hussain, Advocate High Court, to file a writ petition on

their behalf to the High Court to put a stop to such harassment. The

case was put before the Kh..Mohammad Sharif Judge of the High Court

and the first hearing was set for the 3rd of May 2007. On the 4th of

May the father of Shahzima appeared before the Court and gave

testimony that Shamial was actually a woman. Shahzima and Shamial

did not come to this hearing "because", their counsel

submitted,  "they had been threatened the previous night and thought

they may be murdered if they appeared in court". The Judge ordered a

physical examination to be done by a five member medical team at the

government Services Hospital. The report was to be submitted on the

8th of May.

The medical team reported that while Shamial " is a well built

muscular person with moustache and beard and has a hoarse voice"

that physically he is a woman. They did however propose additional

tests. This report changed the nature of the writ application

turning the complainants into defendants. Frightened the two went

into hiding. When they didn't appear on the 9th the Judge ordered

the police to arrest them on the grounds that Shamial had stated in

Court that he "was a boy" but that the medical examination had

proved that he was "a girl" and that therefore he has sworn a wrong

affidavit. Further that during his physical examination and later in

Court Shamial has admitted that he was a woman. The Court gave

notice under Section 193 of the Pakistan Penal Code (perjury) for

both Shamial and Shahzina to show cause as to why they should not be

prosecuted under this section.

As Shamial tells his story he was born a female but that within

himself he knew himself as a man. He has told the doctors, the

Court, his lawyers and myself that in his mind and his heart he is a

man trapped in a woman's body. He always felt this way and when at

the age of 15 he started developing breasts (as he also started

growing a beard) he felt that his life thus far had been spent as a

man that he would get a mastectomy. This he had done in Faisalabad

by a medical team supported by a psychologist. In 2006 he decided

also to have a hysterectomy.

Later that year Shamial and Shahzina got married. Shahzina knew as

Shamial says that he is a "transsexual" but both decided that their

love and support for each other transcended this. They just wanted

to be together. They still want to be together even, as they

stay, "together in the same jail cell". Any separation is for

them "a death" and they would sooner die than be torn apart. 

Shahzima and Shamial `disappeard' after the Court order on the 9th

of May. Having missed two hearing of the High Court the Judge issued

non-bailable arrest warrants for them. They were arrested by the

police soon after and Shamial was interned in the Kot Lakpath jail

in Lahore while Shahzina was sent to the Central jail in Faisalabad

the city in which her parent live.  They were produced in Court on

the 22nd of May. The Judge asked them to show cause why they should

not be charged under PPC193 (perjury) and section 377 (unnatural

offences). The Court directed them to do this by the 25th of May.

Since their lawyer Mr. Rana Sajjad Hussain, was not allowed by the

jail authorities to meet with them he requested the Court to enforce

his clients' rights to counsel and asked for further time in which

he could consult with them. The Court gave him until the 28th of

May.

Under section 193 of the PPC (which gives a sentence of up to 7

years) the charges are framed and decided immediately. Charges for

section 377 of the PPC, goes for trial. At no point have they been

charged or tried for `lesbianism' and nor for their marriage. The

law in Pakistan is silent on such relationships and defines no

penalties. Islam I am informed while implicitly not sanctioning

relationships that are not clearly heterosexual also does not

prescribe any penalties. The nikah, or marriage contract in Islam is

also a civil contract, that and be withdrawn or annulled by the

parties in contract with each other.

On the 28th of May the Court decided that there was insufficient

evidence to charge Shahzima and Shamial under section 377 (unnatural

offences) and while there were mitigation circumstances under which

perjury was committed it would still give (a lesser) sentence on

that charge. They were given 3 years each. Shahzima is to be

interned in the Central Jail Faisalabad and Shamial in Kot Lakpath

jail Lahore. The Court has also ordered that Shamial be examined by

a psychiatrist in a private hospital where he is to stay for 4

days. 

Shahzima and Shamial will appeal the decision either in an inter

court appeal or to the Supreme Court. They will do this as soon as

we who are assisting them can give reasonable advice as to which

court we suggest they go to. They are of course at a complete loss

and stunned with what has happened and the speed at which it has

happened. From filing a writ petition on the 3rd of May against them

being harassed by Shahzima's father they find themselves sentence to

jail for three years within 25 days.

This case highlights the question of gender identity. Shamial

insists that he is a man and Shahzima believes that he is one. That

he said under medical examination and in court on one occasion that

he is a woman is because as he says that he himself got confused as

to what to say under medical examination and because everyone around

him confused him. The doctors' report also mentions him as both

a `she' and a `he', and the court orders lists him as'he/she'

or `she/he'. The media in Pakistan has also sensationalized his

gender identity and has repeatedly written of this as a "she couple"

or "she marriage". The media questions to him in this vein has as he

says only added to his confusion on what to say. 

The Judge referred to this a precedent case as indeed it would be in

most parts of the world and most people including lawyers have tried

to keep their distance with the exception of their lawyer Mr. Rana

Sajjad Hussain who has maintained their right to a fair trial.

However since it is now such a high profile case and since the law

is silent on this issue of late several lawyers have offered

assistance. The last Court hearing on the 28th of May was argued by

Mr. Zahid Husain Bokhari an advocate of the Supreme Court.  Both

Rana Sajjad Hussain who has been with them as their lawyer form the

beginning and Zahid Husain Bokhari have assisted pro bono as will

those who will be appearing in the Supreme Court. Expenses are still

nevertheless high but so far I have been able to withstand it these.

Unfortunately human and women's rights groups have also been silent

on the issue as have the `liberal/progressive' intelligentsia, and

no feminist lawyers been willing to assist with the case on behalf

of Shahzima and Shamial.

Shamail himself is very clear of his gender identity as is

Shahzima. "His soul" as he says  " is male" and that is the only

gender he can be no matter how the law and society see him. "It is

just that I am imprisoned in the wrong body". The question for them

is how they are to convince a court that their conflicting testimony

was not intentional. At the same time both are anxious that

Shahzima's father who has unlimited access to her in Faisalabad

jail, will continue to try and pressure or hoodwink Shahzina into

making a statement against Shamial. Shahzima continues to say in

Court, to the press, to her legal council and to me that she is with

Shamail because she loves him and that she cannot live without him.

He insists that he cannot live without her. Their commitment to each

other in the face of extreme adversity and temptation to take the

easy way out should stand as a example of courage for those of us

who uphold the right for anyone to live their lives according to

their own inclinations and their own sense of being. Shahzima and

Shamial need to be heard. They need to be supported and they need to

know that they are supported. It is their only sustenance in their

respective aloneness. Even if they win the battle in court as they

and those of us supporting them hope, they will still need our

commitment to ensure that their future is safe and that they can

live out their commitment to each other. 

You can send your support to Shahzina and Shamial and any

information that may assist in their appeal (relevant to confusions

that may arise in the face of adversity in the lives of transgender

or multiple gender identities) through me at;

nskhan46@yahoo.com

nskhan@brain.net.pk

asr@brain.net.pk