Transgender rights legislation yet to become law

Even though societal acceptance has seen an uptick, legislation to protect their rights and somewhat fulfill their dreams of inclusion has still not been made law thus dimming hopes for transgenders.

Over the past few years, transgenders have been given a number of rights, including the right to obtain identity cards, reserved seats in educational institutions, inheritance rights, and the right to vote. In Punjab, where 6,709 transgender individuals reside out of the country’s total population of 10,418, as per the 2017 census, the implementation of these rights is amiss due to the lack of awareness of the transgender community. Key to note is that, according to experts, the 2017 census numbers regarding their population are severely understated.

Debate about total population aside, legislation for protection of their rights, known as the Transgender Persons (Protection of Rights) Act, 2018, has not made it to the Punjab Cabinet for approval hence depriving them of a legal framework under which they can file complaints of rights violations or discrimination.

Gul Mehr Syed, a representative of a non-governmental organization (NGO) working for the rights of the transgender community, while talking to The Express Tribune, said that there is still a lot of work to be done to resort the community’s issues. “For instance, a law has been enacted to create separate lines for transgenders and separate polling booths during the election, but their separate voter lists have not been made,” she informed. She further stated that there was no way of ensuring the several 2% quotas - in Naya Pakistan Housing Scheme, Health Card, and local government bodies to name a few - were being adhered to.

Heer Alvi, a fashion designer from the community, highlighting another problem stated that the trasngender community’s complaints about sexual and physical violence, and discrimination always fell on deaf ears. “Most of the cases are not reported in police stations,” he said. In recent times, to address incidents of violence, the provincial Department of Human Rights in collaboration with NGOs has developed a mobile application through which any kind of abuse suffered by the transgender community can be reported immediately and action will be taken by the relevant agencies. However, various independent experts have questioned the efficacy of the app, stating that since 90% of the transgender community is illiterate, the use of the mobile phone application seemed impossible. Alvi, however, informed that representatives of the transgender community had been given training regarding the mobile application and other reporting methods.

Zanaiya Chaudhry, a representative of transgenders in the provincial capital, Lahore, when inquired about the provision of rights and reporting mechanisms, told The Express Tribune that not only did they want separate seats in the assemblies but also wanted an employment quota in the police. “The male and female members of the assembly do not raise their voice for us so we need a separate quota like women do. We also need to be recruited in the police department because they are not sensitized on how to deal with transgenders,” an irate Chaudhry said.

However, Punjab Minister for Human Rights, Ijaz Masih, said that the government was doing everything to ensure protection of transgenders and that the rights bill will be sent to the provincial cabinet for approval soon. “For now, incidents of violence should be reported on the mobile application we have developed. 2022, will bring new protections for the transgender community,” he informed The Express Tribune.

Published in The Express Tribune, January 16^th, 2022.