Transgender Persons (Protection of Rights) Act, 2018

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LGBT Rights flag for Pakistan.

The Transgender Persons (Protection of Rights) Act, 2018 is law in Pakistan which was passed by the parliament in 2018 to legally provide equality to transgender people and to make sure they kept 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] The law gives trans peoples official equality, but non substantive equality and although the law has taken a large leap towards the equality of trans peoples in Pakistan, major cultural and infrastructural changes need to occur before this is genuinely the case.

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 the one of the first nations that legally recognised transgender people.[4]

Objectives[change | change source]

  • Transgender people may obtain a driving licence and passport
  • Transgender people may change their gender in the National Database & Registration Authority (NADRA) records on their own discretion
  • Harassing a transgender person at home or in a public place is prohibited
  • Discrimination of transgender people either educationally or socially is prohibited
  • Allows government to establishment safe houses, and to provide medical and educational facilities to transgender people. It also allows government to establish centers to provide them psychotherapy
  • Allows government to establish separate rooms for transgender people at jails
  • A person may be punished with a 6 years jail and PKR50,000 penalty for forcibly employing a transgender person for panhandling purpose.[5]

References[change | change source]

  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". 2018-05-09. Retrieved 2020-09-10.
  3. "The ICJ releases briefing paper on Pakistan's Transgender Persons (Protection of Rights) Act, 2018". International Commission of Jurists. 2020-03-31. Retrieved 2020-09-10.
  4. "Transgender people targeted in fatal Karachi attack".
  5. "Transgender rights bill approved in NA, marking second milestone".