In Pakistan, transgender people protest against attempts to repeal the Transgender Persons (Protection of Rights), Act. Screenshot via YouTube by user ‘In Pakistan Official‘. Fair use. As Pakistan gears up for the January 2024 general elections, many transgender people in Pakistan are facing a renewed identity crisis. In May this year, the Federal Shariat Court (FSC) cancelled three sections of the Transgender Persons (Protection of Rights) Act 2018 and stopped implementing the Transgender Persons (Protection of Rights) Rules, 2020, according to a notification published by the National Database and Registration Authority (NADRA). The court barred transgender people from changing their gender assigned at birth, emphasised that inheritance should align with a person’s biological sex, and banned people from identifying as khawaja sira (hijra) if they deviate from their sex assigned at birth. Hijras have historically been an accepted third gender in many South Asian countries and have been an important cultural demographic for centuries. This verdict also stopped transgender people from being correctly identified in state documents, as they could previously register under the X category while males and females were represented by the symbols M and F. This means some of them may not receive national ID cards and hence will be unable to vote in the upcoming elections. According to the FSC, these cancelled sections do not conform with their interpretation of Islamic principles. After protests from civil society, human rights activists, NGOs and transgender activists, and a lawsuit challenging the verdict in July 2023, the National Database and Registration Authority (Nadra) resumed registering transgender people for national IDs on September 25, 2023. People cannot vote without their biometric national ID, which is also needed for other services such as SIM cards, opening bank accounts, vehicle registrations, and more. However, the ordeal shows that the struggle towards social equity and human rights for transgender people in Pakistan is far from over. The transgender community was included in the national census for the first time in 2017, with 10,418 people counted in a population of approximately 207 million, which many criticised as being misleadingly low. According to the advocacy group Trans Action Pakistan, there are at least 500,000 transgender people in the country. The historic Transgender Persons (Protection of Rights) Act was passed by Pakistan's National Assembly in 2018. The government began registering transgender people in national records under the X category under the 2018 law. However, in 2022, the law was met with opposition from Islamic scholars and right-wing political parties. In September 2022, the Federal court allowed a petition challenging the legislation, claiming that it conflicted with Islamic principles. Consequently, in May 2023, the court struck down the law and declared that three sections of the act violate Sharia law. In a telephone interview with Global Voices, Nayyab Ali, Director of Transgender Rights Consultants Pakistan, stated that they have also filed an appeal at the Supreme Court of Pakistan against the court verdict and that a hearing on the matter will be held soon. “Right now, our biggest concern is whether our identity cards will have the correct gender marker. If so, how can we exercise one of the fundamental rights for which we have worked so hard?” asks Sheema Kermani of the rights group Tehreek-e-Niswaan. Due to delays within the National Database and Registration Authority (NADRA) tasked with revisions, over 90 percent of those polled by her NGO still have their birth names on their national IDs. If their documents do not match their gender presentation, transgender voters may be turned away at numerous polling places. Transgender people in Pakistan have long experienced severe societal stigma and persecution. They are frequently subjected to assault, harassment, and social exclusion. Despite the government's positive measures to recognise transgender rights, such as the right to free education in Lahore and inclusion in the national health Card program, implementation remains a struggle. Discrimination and misinformation remain. Because their identity cards did not match their gender presentation, no transgender people were allowed to vote in the 2018 general elections in Pakistan's Khyber Pakhtunkhwa province — the site of several attacks against transgender people in 2016. Although 13 transgender candidates contested this discrimination in the 2018 general elections, many of their voters and supporters were barred from reaching the polling stations.
Medicine Report
Pakistan’s transgender community faces increased challenges ahead of elections
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