By Advocate Mahjabeen Zulfikar Ali
The religious parties, are of the opinion that the act pertaining to Transgender persons (Protection of Rights) Act gives legal protection to homosexuality. JI, a religious party became a party to a case assailing the law in FEDERAL SHARIAT COURT, while JUIF has termed the law as “against the very injunctions of ISLAM”
To grasp this Act, one must have a through knowledge about the gender studies and the fact that who are transgender persons and how promulgation of this Act would promote homosexuality which is prohibited in Islam.
Sex is what everyone is biologically born as male, female or in some cases intersex, in contrast gender which is separate from sexual orientation is how we express masculinity and femininity and differentiating between them.
Gender identity is personal conception of oneself as male and female, both or neither. It isn’t seen by others. However gender expression is how a person publicly expresses their gender. This includes behaviour and outward appearance.
Sex and gender aren’t the same thing, gender is made up of two areas that is gender identity and gender expression. When sex and gender identity matches it’s considered as cross-gender however the transgender people have gender identity that doesn’t match their assigned sex at birth. A transgender woman who is labelled as male at birth can have the gender identity of a female. A transgender man who has labelled female sex at birth can be identified as male. Some transgender people may have both male and female elements or they may not feel like either gender.
Do this act permits marriage or homosexuality??
The answer is “Negative” as it only allows X gender, there is no such indication of gender change from male to female or female to male or marriage or sexual intercourse. gender X on CNIC doesn’t allow transgender people to get married.
The main objectives of The Transgender Persons( Protection of Rights) bill are recognition of identity of transgender person; to prohibit discrimination upon employment, recruitment, promotion, education, harassment( both within and outside of home); rights to own, inherit property; vote for candidates of their own choice; assemble peacefully for any lawful purpose; access to public places and to provide welfare measures by the government for Transgender persons that is to establish protection Centers and safe houses, establish separate prisons, formulate special vocational training programmes, encourage them to start small business which are according to basic fundamental rights provided in constitution of Pakistan, 1973.
The punishment for people who uses transgender person for begging shall be punished with imprisonment which may extend to six months or with fine or with both.
Senator mohsin Aziz said that the amendment should be made to the law “as soon as possible”, warning “the more the delay, the greater the wrath of Allah”.
Responding to the senator, law minister Azam Nazeer Tarar said that “this is a sensitive matter,”the(transgender persons) are the creations of Allah and they deserve respect.”
In my view, The transgenders are most vulnerable part of our society, they need to be protected and the discriminations against these people should be penalised. This act shouldn’t be politicised and should be emphasised. We all need to help them to make this world better place for them and for us as well
Lastly, build bridges but don’t cross them.
