Medical board is key to deciding gender

E-Paper | June 13, 2026

THE Transgender Persons (Protection of Rights) Act, 2018, when seen in its due context, has nothing uncouth or repugnant about it that may go against social injunctions. The marginalised community has been demanding the right to live peacefully and to earn livelihood with respect. The Supreme Court of Pakistan passed a ruling in 2009, stating that no Pakistani law provides room to disenfranchise ‘eunuchs’ from their fundamental rights.

A person recognised as transgender under sub-section (1) after attaining the age of 18 years should have all the relevant rights granted by all the relevant laws already in place.

The Act simply provides that no establishment should discriminate against transgender persons in terms of employment, recruitment, promotion, education and other related issues. The fundamental rights mentioned in the Constitution should be available unequivocally to one and all.

Nevertheless, there has been a debate on the matter because there are apprehensions within a section of society about this Act. The fact is that the Act supports and promotes nothing but constitutional rights of the said community. In case there is any ambiguity, it ought to be made clear.

It is vital that only a medical board should determine the gender identity, as not involving such a board in the process may lead to complications. The board through a magistrate should resolve the gender identity crisis in each case.

Once the gender identity has been confirmed, all the relevant rights of the person may be decided accordingly. Also, once the gender identity is mentioned on the CNIC after attaining the age of puberty, gender dysphoria or ‘sex change’, may not be acceptable.

Transgender rights are human rights; these should be accepted in the broader perspective of human development and growth without any ‘ifs’ or ‘buts’ at all.

Every effort should be made to somehow mainstream the marginalised community by offering them jobs, education, and rest of basic/fundamental rights and facilities so that they may lead a better life with respectable livelihood just like everyone else.

Dr Ameer Ali Buriro
Assistant Professor, Institute of Gender Studies
University of Sindh
Jamshoro

Published in Dawn, October 15th, 2022

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Majid Burfat

Oct 15, 2022 07:54pm

thinking but once they have been recognized under a host of laws to enjoy all fundamental rights constitutionally and are integral part of this society in terms of having right to vote, possess jobs, exercise other rights given every citizen under our constitution. Admittedly, their demands to lead a peaceful life and normal behavior with due respect is genuine one and there are no lack of provisions in this respect safeguarding them in every walk of life. The Article 4, 5 and the ruling of

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Majid Burfat

Oct 15, 2022 08:02pm

the supreme court handed down referrd by Dr sahb handed down in 2009 which enuciates fundamental rights in their respect subsequently they are entitled of equal rights thereby and many constitutional provisions provides it. Moreover, the protection of rights act 2018 for them indeed further their protection in terms of their basic rihts. I would request Dr sahb to shed some more light as regards the gender dysphoria in other words change of original sexuality that should not be acceptable.

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Majid Burfat

Oct 15, 2022 08:08pm

In case of any complications appeared on later stage of life after the birth of a child and features start showcasing different characteristics other than the sex at the time of birth, what could be done and is there any law whereby one may change his or her sex nature. I still fail to understand the numerous definitions of transgender and what kind of debate is going on in the country, no specific commission comprising doctotors, ulemas, psychologists and experts be constituted in this regard

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