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