The social media campaign against the Transgender Persons (Protection of Rights) Act, 2018, is malicious, opportunistic and entirely baseless
Some facts and context:
1. The law was enacted in 2018 after months of research, deliberations and consultations
It had support from all major parties (eg PML-N, PPP, PTI); NCHR; members of Council of Islamic Ideology, civil society groups, and most importantly, khawaja sirah and transgender community
2. The Act reaffirms fundamental rights of transgender people such as education, health, access to public spaces, political participation, and livelihood
Most importantly, it recognises their right to live with dignity, free from harassment and discrimination as equal citizens
3. The law also recognises 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
4. There is no requirement for medical examinations to get gender markers on ID cards changed to “X”
Such examinations violate rights to dignity, privacy; make trans people vulnerable to sexual harassment; and act as a major deterrent for trans people to get ID cards changed
5. The law contains no provision for marriage or companionship
It does not cover homosexuality or same-sex relations
Gender identity and sexual orientation are entirely separate issues - they are dishonestly and opportunistically being conflated only for fear-mongering
6. Courts have passed many judgments directing authorities to protect rights of transgender people
They have held “gender identity is the most fundamental aspect of life” which refers to “intrinsic sense” of being male, female, or transgender
See for example PLD 2018 Lahore 54
7. This Act is an effort to undo oppressive colonial laws/mindset that criminalised trans identities in our region, viewing them as “deviants”, “imposters”
It is a rejection of Lord Mayo and a celebration of Bulleh Shah
All of us, incl religious parties, should embrace this law
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