Sufficiency of Rights of Trans-genders in Pakistan in the Existing Legal Corpus and Framework for Their Enforcement; A Critical Appraisal, Issues and Future Policy Suggestions
Keywords:
TRANS-GENDERS, PAKISTAN, LEGAL CORPUS AND FRAMEWORK, CRITICAL APPRAISALAbstract
Gender identity is perhaps the most important aspect which determines the psycho- social behavior of humans. A gender identity crisis not only leads to problematic social life, but also lowers the self-esteem of an individual which may potentially lead to his socio-economic and political alienation. Normalcy is conformity to prevalent norms of the majority. The binary gender definitions serve the purpose of the dominant majority and hence, the third gender, the transgender and the gender queer, do not fit in the binary gender mainstream. The struggle for mainstreaming the transgender personsi is an on-going phenomenon around the world. However, their full-fledged acceptance into the gender codes still remains to be achieved.
Efforts for mainstreaming the transgender persons in Pakistan have shown some progress in recent years through judicial decisions and legislative instruments. However, despite fundamental guarantees protected under the constitution of the Islamic Republic of Pakistan which prohibits discrimination on the basis of gender, special laws had to be enacted to call for affirmative actions by the Government. This alludes to misplaced state priorities regarding affairs of the transgender community. Moreover, it also shows that the societal will as represented in the constitution, is perhaps, no more than a theoretical aspiration because the transgender persons are heavily grieved by how society treats them in the real life.
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iThe Oxford Dictionary meaning of transgender is denoting or relating to a person whose sense of personal identity and gender does not correspond with birth sex iiZanan Khana is the term in Urdu language used locally to describe the living place reserved for females in a household.
iiiAsad Ullah Khan, “Gendered Justice: Constitutions, Trans-genders and Equality”,
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ivThe Transgender Persons (Protection of Rights) Act, 2018 was passed by the Parliament of Pakistan and later received the assent of the President of Pakistan on May 18, 2018 and was notified in the Gazette of Pakistan on May 24, 2018 as Act XIII of 2018. In this paper, it has been interchangeably referred to as either ‘the Act’ or ‘the Act of 2018’.
vDr. Muhammad Aslam Khaki v S.S.P. (Operations) Rawalpindi, PLD 2013 SC 188. viThe National Assembly Secretariat, The Gazette of Pakistan (Extra), Act XIII of 2018, (Islamabad: Printing Corporation of Pakistan, 2018).
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ixIbid
xHassan Bin Usman Shah et.al., “Challenges faced by marginalized communities such as transgenders in Pakistan”, Pan African Medical Journal (June 2018), http://www.panafrican-med-journal.com/content/article/30/96/full/ (accessed 02
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xiiIbid. xiiiIbid. xivIbid, 274. xvIbid. xviIbid, 275. xviiIbid.
xviiiIbid, 275-276.
xixIbid, 276.
xxIbid, 277-281.
xxiIbid, 281.
xxiiIbid, 275.
xxiiiIbid, 277.
xxivTransgender persons in Pakistan live in different family like communities under the guardianship of a senior known as Guru. The Guru is commonly identified as the social guardian of his family members known as Chelaz.
xxvIbid, 278-279.
xxviIbid, 276. xxviiIbid. xxviiiIbid, 279.
xxixIbid, 276.
xxxKamran Saddique et.al, “Transgender Issues in Pakistani Community”,
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xxxiIbid, 276.
xxxiiIbid, 280.
xxxiiiIbid.
xxxivIbid, 277-278.
xxxvSupreme Court of Pakistan, “In the matter regarding issuance of CNIC to transgender”, HRC No.32005-P of 2018, (Islamabad: 2018).
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xlvServices and General Administration Department Punjab, “Notification Number 1227/2018, Dated 21 June 2018”, (Lahore:2018).
xlviDirector Social Welfare Punjab, interview by author.
xlviiIbid. xlviiiIbid.
xlixInes Aristegui et.al, “Impact of the Gender Identity Law in Argentinean transgender women”, International Journal of Transgenderism (April 2017), https://www.tandfonline.com/doi/full/10.1080/15532739.2017.1314796?scroll=top &needAccess=true (accessed 20 April, 2019).
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liiIbid.
liiiInternational Commission of Jurists (ICJ), “India: parliament must revise problematic transgender persons (protection of rights) bill, 2018”, https://www.icj.org/india-parliament-must-revise-problematic-transgender-persons- protection-of-rights-bill-2018/ (accessed 22 April, 2019).
livIbid.
lvDirector Social Welfare Punjab, interview by author.
lviSpecialized Healthcare and Medical Education Department Punjab, “Notification No.SO(PHP)9-163/2011(P) dated 14 September, 2018”, (Lahore: 2018).
lviiSpecial Secretary of Specialized Healthcare and Medical Education Department Punjab Mr. Muzaffar Sial, interview by author, Lahore, 30 April, 2019. lviiiAdditional District Collector (Revenue) of Lahore Mr. Muhammad Awais, interview by author, Lahore, 28 April, 2019.
lixAdditional District Collector (Revenue) of Lahore, interview by author.
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lxiiDirector General of Wafaqi Mohtasib Secretariat Mr. Moeenuddin Ahmed Siddiqui, electronic communication by author, 3 May, 2019, Islamabad.
