Transgender Persons (Protection of Rights) Act, 2018

Last updated

Transgender Persons (Protection of Rights) Act, 2018
Government of Pakistan
Enacted by Government of Pakistan
Enacted2018
Enacted by Parliament of Pakistan
Commenced2018
Administered by Health Ministry
Status: In force

The Transgender Persons (Protection of Rights) Act, 2018 is law in Pakistan which was enacted by the parliament in 2018 to legally provide equality to transgender people and to safeguard their rights. [1] The law aims to legally recognise transgender people in the country. It also allows them to legally have the same rights as cisgender people. [2]

Contents

In March 2020, the International Court of Justice (ICJ) addressed the provision of Pakistan after releasing a paper at International Transgender Day of Visibility. The ICJ highlighted features of the provision. [3] Pakistan, according to the Aljazeera, is one of the first nations that legally recognised transgender people. [4]

Background

Transgender population

The total population of transgender people in 1998 was 10,418. In 2015, the Health ministry indicated that the number of transgender people in the country is nearly 150,000. [4]

Violence against transgender people

Transgender people are regular targets of violence in the country. Between 2015 and September 2020, 68 transgender people were killed in Pakistan, and 1,500 were sexually assaulted in multiple incidents. In 2018, transgender people reportedly experienced 479 violence incidents in Khyber Pakhtunkhwa. [5]

Objectives

Effectiveness of the Law

The Trans Protection Act is not the first time such government provisions to protect the rights of Trans people were taken, as the Supreme Court of Pakistan declared that trans peoples were equal to non-transgender Pakistani citizens in 2010. This declaration of equality should have entitled trans peoples to equal job opportunities, education, and exempted them from discrimination. However, none of these things actually happened since the declaration, as in the last census roughly 40% of transgender peoples reported being illiterate, and the largest sources of income for trans peoples in Pakistan are dancing and sex work. [7]

Due to the lack of penal nature for the Trans Protection Act, it has only served the same function that the aforementioned Supreme Court declaration did, and has only offered trans people formal equality and not substantive equality. The only penalty mentioned throughout the entire law is against gurus who incentivize their chenas to beg. [8] The lack of penalties give the law no teeth, and there is no genuine incentive for the citizens to follow the law, and no infrastructure or concrete punishments in place to enforce it. This is present especially on the topic of education, as the law states that if a trans person meets the admission requirements for a school then their gender cannot be a deciding factor on their admittance to that school. This addresses the actual admittance processes that correlate with getting into a school, the law does not address the social stigmas and customs that make it extremely difficult for a trans person to meet these acceptance goals in the first place. [8] The law also does not address many pressing issues to the trans community which include hate crimes against trans people, [8] and proper healthcare for trans people. [9]

Opposition

In 2022, transgender rights law 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. [10] [11]

Related Research Articles

The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.

<span class="mw-page-title-main">Gender Recognition Act 2004</span> UK parliament act

The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.

<span class="mw-page-title-main">Transgender rights in Canada</span> Rights of transgender individuals in Canada

Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.

<span class="mw-page-title-main">Violence against transgender people</span> Violence or victimization against transgender people

Violence against transgender people includes emotional, physical, sexual, or verbal violence targeted towards transgender people. The term has also been applied to hate speech directed at transgender people and at depictions of transgender people in the media that reinforce negative stereotypes about them. Trans and non-binary gender adolescents can experience bashing in the form of bullying and harassment. When compared to their cisgender peers, trans and non-binary gender youth are at increased risk for victimisation and substance abuse.

<span class="mw-page-title-main">LGBTQ rights in the United States</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.

<span class="mw-page-title-main">LGBTQ rights in Pakistan</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Pakistan face legal and social difficulties and persecution compared to non-LGBTQ persons. Pakistani law prescribes criminal penalties for same-sex sexual acts.

In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.

<span class="mw-page-title-main">LGBTQ rights in New Jersey</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.

<span class="mw-page-title-main">LGBTQ rights in California</span>

California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.

<span class="mw-page-title-main">LGBTQ rights in South Dakota</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.

<span class="mw-page-title-main">LGBTQ rights in Idaho</span>

Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.

<span class="mw-page-title-main">LGBTQ rights in Kansas</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kansas have federal protections, but many face some legal challenges on the state level that are not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020. Proposed bills restricting preferred gender identity on legal documents, bans on transgender people in women's sports, bathroom use restrictions, among other bills were vetoed numerous times by Democratic Governor Laura Kelly since 2021. However, many of Kelly's vetoes were overridden by the Republican supermajority in the Kansas legislature and became law.

Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.

<span class="mw-page-title-main">Legal recognition of non-binary gender</span>

Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."

<span class="mw-page-title-main">Transgender rights in the United Kingdom</span>

Transgender rights in the United Kingdom have varied significantly over time.

<span class="mw-page-title-main">Transgender rights in Ireland</span>

A citizen of Ireland is legally permitted to change the designation of their gender on government documents through self-determination. In 2015, Ireland was the fourth state in the world to permit such alterations to government documents. By May 2017, 230 people had been granted gender recognition certificates under the law. Section 16 of the Act entitles the holder of a gender recognition certificate to apply to have the certificate amended if there is a clerical error or an error of fact in the content of the certificate. Two such corrections have been made since commencement of the Act.

The Transgender Persons Act, 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters. The act was introduced in the Lok Sabha, the lower house of the Parliament, on 19 July 2019 by the Minister of Social Justice and Empowerment, Thawar Chand Gehlot, in light of the lapse of the Transgender Persons Bill, 2018. The 2019 act and the immediately preceding 2018 bill, were both preceded by a 2016 version. They were met with protests and criticism by some transgender people, lawyers, and activists in India. The 2016 bill was sent to a standing committee which submitted its report in July 2017. Following this, the Lok Sabha tabled and passed a newer version of the bill in December 2018. However, it did not incorporate many of the committee's recommendations. Although members of the opposition criticised the 2019 act and assured activists that they would not vote in favour of it, it was passed by the Lok Sabha on 5 August 2019 and by the Rajya Sabha, the upper house of the Parliament, on 26 November 2019. The president assented to it on 5 December 2019, upon which the act was published in the Gazette of India. It has been in effect since 10 January 2020 following a notification of the same in the Gazette on the same day.

<span class="mw-page-title-main">Gender self-identification</span> Legal concept

Gender self-identification or gender self-determination is the concept that a person's legal sex or gender is determined by their gender identity without any medical requirements, such as via statutory declaration.

The legislative assembly of Pakistan has enacted several measures designed to give women more power in the areas of family, inheritance, revenue, civil, and criminal laws. These measures are an attempt to safeguard women's rights to freedom of speech and expression without gender discrimination. These measures are enacted keeping in mind the principles described by the Quran.

This is a list of notable events in the history of LGBT rights taking place in the year 2023.

References

  1. ↑ "The Pakistan Transgender Persons (Protection of Rights) Act of 2018 and its Impact on the Law of Gender in Pakistan". Australian Journal of Asian Law. 20 (1). Article 8: 1-11. 2019. SSRN   3490418.
  2. ↑ "Pakistan Passes Historic Transgender Rights Bill". NPR.org. 9 May 2018. Retrieved 10 September 2020.
  3. ↑ "The ICJ releases briefing paper on Pakistan's Transgender Persons (Protection of Rights) Act, 2018". International Commission of Jurists. 31 March 2020. Retrieved 10 September 2020.
  4. 1 2 "Transgender people targeted in fatal Karachi attack". www.aljazeera.com.
  5. ↑ "Transgender woman Gul Panra shot dead, friend wounded in Peshawar". www.thenews.com.pk.
  6. ↑ "Transgender rights bill approved in NA, marking second milestone". www.geo.tv.
  7. ↑ Hali, Shafei (2018). "Transgender Persons (Protection of Rights) Act, 2018 in Pakistan; Mapping Stakeholder Perceptions for Future Policy Recommendations". Mapping Transgender Rights and Policy Evolution in Pakistan – via ResearchGate.
  8. 1 2 3 Islam, Semra (3 September 2020). "The Transgender Community and the Right to Equality in Pakistan: Review of the Transgender Persons Act 2018". LUMS Law Journal. 7: 208–219.
  9. ↑ "Transgender Health in India and Pakistan". 7 November 2016.
  10. ↑ "JI senator tables bill on transgender rights". 16 November 2021.
  11. ↑ "JI moves Federal Shariat Court against 'Transgender Rights Bill 2018'". 17 September 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.