The Lahore High Court (LHC) has sought replies from quarters concerned on a writ petition filed against a movie ‘Dum Mastam’ scheduled for released on Eidul Fitr over making fun of the transgender community by using the word “Khusra” in the film.
The petition filed through Barrister Muhammad Ahmad Pansota stated: “The filmmakers violated the Rights of Citizens and in particular the transgender community by using a derogatory word ‘Khusra’.”
The court was requested to issue a direction to all programmes to ban using the word “Khusra” and that no one should be allowed to ridicule the transgender community.
The transgender persons across the world face discrimination and are marginalised in society. This level of marginalisation varies from region to region and country to country. For a developing country like Pakistan, the case for transgender persons, locally known as Hijras, had been no better until March 7, 2018, when the Senate of Pakistan passed ‘The Transgender Persons (Protection of Rights) Act, 2018’ (Senate 2018). The bill is a response to years of marginalisation and abuse targeting transgender persons.
Read More: Call for equal status for transgender persons
The law removes the stipulation of presenting the transgender persons in front of a medical board to determine their sex.
The law also gives them the right to have their NICs corrected from NADRA offices and reinforces their rights to get passports as well as driving licences. In addition to getting the correct citizenship documents, the law also safeguards the community from discrimination by strictly prohibiting harassment and marginalisation at workplaces in companies and organisations.
Though these are still early days to determine how effectively this bill will play out in safeguarding the rights of the transgender persons of Pakistan, but it is certainly a step in the right direction.
“That the respondents (the federation through its secretary as well as ministries of human rights and minorities affairs through their secretaries) are bound under the Constitution to secure all rights the citizens of Pakistan are entitled to, especially those which have a direct impact on the quality of their lives including the intrinsic, fundamental, constitutionally guaranteed right to life and dignity, that encapsulate the right to live respectfully, free from all kinds of mockery,” the petition added.
The petitioner sought the indulgence of the court in a matter of critical and grave nature pertaining to the rights of citizens. The sole purpose to seek the help of the court was for protection of the constitutionally guaranteed intrinsic rights under articles 4, 9, and 14 of the Constitution.
The petitioner also sought to highlight the indifference, lassitude and inaction of the respondents towards the Pakistani citizens who are being ridiculed, mocked and teased in this country and most importantly have been subjected to mockery in a recent trailer of a movie.
“This mockery should have been condemned by the respondents who are bound by the relevant provisions and laws to take action of the impugned conduct. It is in this regard that the petitioner seeks direction from this court to enforce the abovementioned articles of the Constitution and direct the respondents to take strict action against the perpetuators who have violated the human rights and have hurt the sentiments of the transgender community.”
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