The Transgender act is a long-awaited piece of legislation that aims to protect the rights of trans people in Pakistan. But what does the Transgender act do actually? And what are the criticisms against it from various parties?
“The Transgender Persons (Protection of
Rights) Act, which was approved in 2018 to provide fundamental human rights to
Pakistan's Khwajasira (transgender) population, has lately created a new
discussion in the country. Four years after the measure was passed in
parliament, right-wing political groups have come out against it, claiming that
it encourages "homosexuality" and that "anyone may get his/her
sex altered," which could lead to "new societal issues."
As a result of misinformation promoted by religious-political groups, a big number of individuals began to endorse this agenda on social media. This post aims to analyse the Transgender Persons Act sections that are being manipulated to offer a false narrative, how transgender people understand this discussion, and what the consequences of this incitement of hatred towards transgender people may be.
The bill begins with the following definition of a transgender person:
(a) Intersex with a combination of male and female genital characteristics.
(b) Eunuch who is born masculine but subsequently has surgery.
(c) A transgender individual whose gender identification differs from the social expectations of their biological gender.
The second chapter of the bill discusses the identification of transgender people, claiming that under the terms of the law, these people can be recognized based on their "self-perceived identity." In other words, anyone who meets any of the three criteria listed above can be registered as a transgender person. Gender possibilities on the Computerized National Identity Card (CNIC) include 'M' for men, 'F' for females, and, after the Transgender Persons Act 2018, transgender individuals can register as 'X'.
The other parts of the law address the prohibition of transgender discrimination, the government's responsibility to this community, and the preservation of this gender group's rights.
Right-wing parties have now misconstrued the bill's definition of "transgender" in order to advance their political ambitions under the guise of homosexuality. If we look at the link between gender identity, gender expression, and gender assigned at birth, Iran is one of the Muslim nations that may help us comprehend the problem from an Islamic standpoint. Homosexuality is a serious offense in Iran, with penalties ranging from lashings to death sentences. However, Iran is one of the Muslim nations that allows transgender people to have their gender identification accepted and recognized by law. Since Iran's Islamic Revolution, a fatwa has been issued recognizing hormone replacement treatment and gender confirmation surgery as religiously permissible operations.
In a news conference, Pakistan's law minister, Azam Nazeer Tarar, stated that the measure was enacted in 2018 after receiving support from the Islamic Ideology Council of Pakistan as well as the religious leadership in the parliament. Rehashing this topic four years after the bill's passage is nothing more than a political ploy based on religion.
To bolster this point, the National Database and Registration Authority (NADRA) has not recorded a single registration where a male pretended to be a woman on his CNIC and vice versa since the bill's passage in 2018. This fact alone undermines the narrative advanced by religious political groups.
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