Imagine living as a marginalized, segregated entity and not even have a separate official identity. That’s the predicament the transgender community of Pakistan faces every day, dwindling with the dilemma of not having the identity of a man or a woman. Having a proper identity is the first thing a state gives you, and transgender individuals are denied even that.
In 2018, it seemed that the fate of the community finally changed when the Parliament passed the Transgender Persons (protection of rights) Act 2018. However, no implementation mechanism was developed by the government till now. The government has chalked up certain rules to implement the existing law after almost two years under Transgender Persons (protection of rights) Rules 2020. Here is what these rules are about:
Transgender Persons (protection of rights) Rules 2020
The Ministry of Human Rights (MoHR) has notified the Transgender Persons (protection of rights) Rules 2020 following its approval from the federal cabinet.
The move has come in lieu of compliance with the Sindh High Court (SHC)’s directives. The SHC had directed the MoHR on November 19, 2019, to enforce the Transgender Persons Act 2018. The said ministry had to notify the rules and the guidelines within two months.
Recently, the human rights secretary has submitted a compliance report with a division bench. As per the notified rules,
- The national identity card will bear a third category, X, for transgender individuals. These individuals can apply for amendments in their education and other documents as well as the national identity cards to be identified under their category.
- There will be separate queues for transgender persons in the government departments. Presently, most government departments have separate lines for men and women. This initiative is the official recognition of the transgender community as a third gender.
- The ministry will also establish protection centers (Dar-ul-Amaan) for the member of this community. Mostly, transgender individuals are expelled from their homes and segregated by society. This initiative will ensure a safe shelter for them. The development of one such center is underway in Rawalpindi and Islamabad.
- Another remarkable provision of the aforementioned rules includes separate cells for transgender individuals in prisons, police stations, and courts. In fact, they are required to be taken in a separate police van after the arrest.
- The government will facilitate these individuals for Hajj and Umrah as well. There will be dedicated officials in government departments to guide them and handle their complaints.
- The rules guarantee the transgender rights to health services, employment, assembly, access to public spaces, and public office. Earlier, the government had rolled out health cards for these individuals to ensure affordable health services.
- The rules bar the male police officers from arresting the members of this community. Only transgender police officers can arrest the members of their community. Notably, the police departments had announced to hire transgender individuals a few months ago.
Notably, a petition had been filed with the SHC last year seeking the active role of the court in ensuring implementation of the Transgender Rights Act 2018. There was a contempt of court plea pending with the court in this regard. After receiving the compliance report, this plea has been disposed of since the court orders have been obeyed.
Nevertheless, there is a long way to go for Pakistani authorities to ensure fundamental rights for the transgender community. Allocating separate spaces is beyond any doubt for these individuals is a step in the right direction. However, many things still need to be dealt with now. The foremost step in this regard is to allocate a dedicated space for these individuals in public transport, just as is with women. These individuals face harassment on a daily basis in public spaces, including transport. For more clarity on the issue, watch Neelam Aslam’s video here:
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