The Transgender Rights Bill that was recently discussed in Parliament has kicked off a new debate in the country. Jamaat-e-Islami’s (JI) Senator Mushtaq has once again pushed for the inclusion of certain amendments to the Bill.
The transgender rights law that was introduced in 2018 was debated again after four years in Senate Standing Committee on Human Rights. Senator Mushtaq Ahmed Khan of Jamaat-e-Islami, the initiator of the amendment bill, believes that the establishment of a medical board is necessary to determine the gender of transgender people.
FSC hearing
The petitioners in the case had moved the court to strike down two important provisions in the law: the question of who is to be considered a transgender person, as well as an individual’s right to be recognised according to their perceived gender identity. The court subsequently invited a number of people, including representatives from the transgender community, to join the proceedings and plead their perspectives on the matter. The move, though commendable for giving an equal voice to all stakeholders, has also considerably prolonged deliberations. This has meant that all those who will be affected by the case’s eventual outcome continue to live under a shadow.
Violence against transgenders
Trans bashing in Pakistan refers to the violence and incidents which take place in the country against transgender people. Transgender rights are legally protected by the law of Pakistan[4] which prohibits discrimination and violence against trans people in the country. In Pakistan, 68 transgender people have been killed since 2015, and 1,500 were sexually assaulted in multiple incidents. In 2018, transgender people reportedly experienced 479 violence incidents in Khyber Pakhtunkhwa.
In September 2020, a prominent transgender activist Gul Panra, was shot six times. Nayyab Ali was allegedly sexually assaulted and attacked by acid claimed for being a transgender. In 2019, Amnesty International published a report indicated Shama, a transgender journalist, was raped by nine men in one of Pakistan’s cities, Peshawar.
The act of 2018
Enacted in 2018, the Transgender Persons (Protection of Rights) Act, recognises the identity of transgender people, prohibits discrimination against them, and confers upon them the right to self-perceived gender identity.
The law ensures issuance of a certificate of identity to transgender persons, provides that no establishment shall discriminate against them in matters relating to employment, and provide for grievance redressal mechanism in each establishment.
The law also allows transgender person to register according to self-perceived gender identity with the National Database and Registration Authority (NADRA). However, some quarters objected to the law, saying that people can register themselves under any gender at will.
The chapter on prohibition of certain acts states that no person shall discriminate against a transgender person at educational institutes; deny or give unfair treatment in relation to employment, trade or occupation, and deny healthcare facilities.
The use of public facilities of transportation and accommodation can’t be denied under the law. It also ensures right to movement, sale, purchase, rent or inherit moveable or immovable property; provides the opportunity to stand for of hold public or private office and prohibits harassment based on their sex, gender identity and gender expression.
Conclusion
The federal government has cleared the misunderstandings being created on the bill on social media and federal law minister Azam Nazir Tarar said the government supports the amendments forwarded by Senator Mushtaq and added transgenders are also Pakistanis and htey have the right to basic facilities.
