NO, the Transgender Rights Act does not promote homosexuality

The Transgender Persons (Protection of Rights) Act of2018 has come under intense criticism from some sections of society during the past few weeks with two petitions also having been filed in the Federal Shariah Court against the Act.

The act was enacted in the year 2018 to guarantee transgenders equal rights to Education, basic health facilities , issuance of CNICs and passport and giving them a right to vote and contest elections.

The Supreme Court’s decision on September 25, 2012, that said that eunuchs were entitled to all of the rights protected by the Constitution and enjoyed by other members of society led to passing of the 2018 Act.

However, now a few religious parties are seeking amendments in the act. The major amendment that is being considered is that a trans person should be allowed to change their gender identity after evaluation from the medical board instead of their self-perceived identity.

Criticism:

A lot of misinformation is being propagated about the Act, including accusations that “The bill is merely a disguise for the LGBT community”, while others are saying that it is creating a pathway for same sex marriages.

Transgender Protection Bill has been passed by National Assembly. Alas! We have not been able to do anything against it. Can't we even raise our voice? What has happened to the Muslims of Pakistan. I raise my voice against it because it allows SAME SEX MARRIAGE.

— Farid Ahmed Khan (@Farid74213) September 20, 2022

Former Additional Advocate General Punjab/Advocate Supreme Court Chaudhry Faisal Husain while talking to The Current said that transgenders have been given protection in this act. Calling the debate ‘needless’ Hussain added that every law has minor issues.

He further said that if people are trying to identify themselves as something in particular then NADRA should take precautionary measures.

Does the act allow same sex marriage?

There is a common misconception going on that as per the act, any person can change their ID card from M to F and F to M based on their own perception. However, that is simply not the case, The rules that were notified under this act clearly say that if you are a transgender man or a woman you can change your identification card on the basis of your self-perception but only to X, not to Male or Female.

A person having an X card can not marry a person with an ID card with a male or female gender mentioned on it.

This provision rules out the possibility of same-sex marriage under the transgender act 2018

Lawyer Reema Omar has also shared some ‘”facts and context”, regarding the social media campaign against the Transgender Persons (Protection of Rights) Act, 2018.

The social media campaign against the Transgender Persons (Protection of Rights) Act, 2018, is malicious, opportunistic and entirely baseless

Some facts and context:

— Reema Omer (@reema_omer) September 21, 2022

Barrister Muhammad Ahmad Pansota, Supreme Court while talking to The Current said, “The bill is criticized by certain religious parties based on some misconceptions that this law would open doors for homosexuality, which is against Islamic injunctions. Complaints of these religious groups are from a perspective that there is possibility of it being misused in terms of same sex marriages. However, nothing in the bill allows room for same sex marriage. It is only strengthening the rights of the transgenders by providing them protection, relief and rehabilitation of the rights of transgenders persons.”

“It is not true as the bill is only for transgenders and doesn’t provide/mention that any person can come up and say that he/she wants to change his/her gender/sexual orientation, only a transgender can do it,” he added.

Even otherwise, same sex marriages are against Islamic principles and cannot be allowed in Pakistan as the same is unconstitutional and un- Islamic, thus will not be allowed in any manner whatsoever.

“No where in the bill has it been stated that same sex marriages are permitted.”

This bill only promotes what has only been guaranteed to the citizens of Pakistan in the Islamic Constitution of Pakistan. There shall be no discrimination against the transgenders. They will be given right to inheritance, the right to education, the right to health, and the right to employment for transgender persons, hence, guaranteeing all constitutional rights. This law only upholds basic human rights.

Talking about the formation of medical boards, Pansota said, “Opinion of medical board can be taken into account. Sensitive history of transgenders may be required to understand the individualized changes and characteristics in the context of hormone administration and surgical intervention. It is important to discuss procedures with the patient beforehand, including the order in which steps will occur and to provide/allow time for the patient to express any concerns prior to beginning the exam.”

Talking exclusively to The Current, Dr Mehrub Moiz Awan called the criticism “unjustified”, adding that it is a part of global far right conspiracy