The Transgender Persons (Protection of Rights) Act, was initially enacted in 2018 after months of research, deliberations, consultation, and support from all major political parties; NCHR; members of the Council of Islamic Ideology, civil society groups, and most importantly, Khawaja Sirah and transgender community themselves.
What is Transgender Persons (Protection of Rights) Act, 2O18?
Passed by the Lower House, the bill is “to provide for the protection, relief, and rehabilitation of rights of the transgender persons and their welfare and far matters” reads the official act.
The law affirms transgender persons’ fundamental rights including
- Right to education,
- Right to basic health facilities,
- Right to write their transgender identity on their identity cards and passports,
- Right to vote and contest elections.
However, the bill was never implemented in its true letter and spirit due to huge cries and protests across the country.
Why is there a protest against this bill again in 2022?
The fresh debate initiated when the Senate Standing Committee on Human Rights took on the agenda, the bill proposed by Senator Mushtaq Ahmad Khan for amendments to the Transgender Act 2018, titled “The Intersex Persons (Protection of Rights) (Amendment) Bill 2022″.
Senator Mushtaq Khan argued the legislation regarding the transgender community was against Quran and Sunnah and it would promote homosexuality.
The Act and particularly its Subsection (2) of Section (3) is the main cause of conflict amongst different sets of believers. Subsection (2) reads: “… a transgender person shall have a right to be recognized as per his or her self-perceived gender identity.”
Pakistani Lawyer, Reema Omer tweeted in the light of the Act:
“Moreover, The law also recognizes the right of transgender people to get their ID cards changed in accordance with their self-perceived gender identity.”
Rules notified under the Act clarify ID cards can be changed from F or M to only “X”
Note: People with “X” on ID cards cannot marry
According to a recent survey, at least 500,000 people identify as transgender in Pakistan, a country of about 220 million, and at least 55 have been killed since 2015, according to the TransAction Alliance advocacy group.
