Assessing the Effect of the Transgender Amendment Act 2018 on the

Transgender Community in Pakistan

Name: Javeria Mehmood Abbasi

Roll. No: 02192213016

Semester: 2nd

Subject: Constitution of Pakistan

Topic: Assessing the Effect of the Transgender Amendment Act 2018

on the Transgender Community in Pakistan

Department: NIPS

Submitted To: Dr. Saeed Ahmed Rid

Date: June 12, 2023.

 Title: A Research Proposal Assessing the Effect of the Transgender Amendment Act 2018
on the Transgender Community in Pakistan

Abstract:

This research paper provides an in-depth examination of the Transgender Persons (Protection of
Rights) Act 2018, enacted in Pakistan, which represents a significant step towards recognizing
and safeguarding the rights of transgender individuals. The study critically analyzes the key
provisions, objectives, and impact of the legislation on the transgender community, aiming to
shed light on its effectiveness in addressing the longstanding challenges faced by transgender
persons in Pakistan.

The research paper begins by outlining the historical context of transgender rights in Pakistan,
highlighting the prevalent discrimination, marginalization, and violence experienced by
transgender individuals prior to the enactment of the 2018 Act. It then proceeds to present a
comprehensive overview of the Act's provisions, including the legal recognition of transgender
persons' self-perceived gender identity, protection against discrimination in various domains
such as education, employment, healthcare, and inheritance, as well as the establishment of
welfare and rehabilitation mechanisms.

Furthermore, the study critically examines the implementation and enforcement mechanisms of
the Act, analyzing the role of relevant governmental institutions, such as the National
Commission on Transgender Persons, and the challenges they face in ensuring its effective
execution. The research paper also explores the impact of the Act on the social perceptions and
attitudes towards transgender persons in Pakistani society, examining the role of awareness
campaigns and public discourse in promoting acceptance and inclusivity.

Introduction:

In Pakistan, the transgender community has always experienced marginalisation, prejudice, and
social isolation. The Transgender Amendment Act was passed in 2018 by the government as a
response to these problems. But later on this act was made controversial. 1 The purpose of this
research project is to investigate the effects of Pakistan’s Transgender Amendment Act on the

1
Khan, I. (October, 24, 2022). Pakistan's Transgender Act & its opponents. The News.
https://www.globalvillagespace.com/pakistans-transgender-act-its-opponents/, Accessed on June 11, 2023.
transgender community. The study will look into how much the Act has advanced transgender
people’s social, economic, and political rights as well as what obstacles they still have to
overcome. The National Assembly of Pakistan enacted The Transgender Persons (Protection of
Rights), Act 2018 on 8th May 2018. The Act provides legal recognition to transgender persons
and prohibits discrimination and harassment. It also places an obligation on local governments to
provide for the welfare of the community.2

Literature Review:

The term transgender has many definitions. “There is no single internationally recognized legal
definition of a transgender person”. However, the term “transgender” includes people whose
gender identity may differ from the gender they were assigned at birth and describes a wide
range of identities that are gender non-conforming considered such as non-binary, genderqueer,
sexist and transgender. Some transgender people may seek medical treatment, including surgery,
to realign their bodies with their gender identity. However, transgender identity is not dependent
on medical procedures or physical appearance. Deserted by families and relegated to mostly
begging, dancing or sex work due to social stigma, transgender people in Pakistan routinely
suffer harassment and many face death threats and fatal attacks.

According to data collected by the International Commission of Jurists and its partner
organizations, at least 20 transgender people were killed in Pakistan in 2021. In 2009, following
the first Order of the Supreme Court of Pakistan in the Constitutional Petition No. 43 of 2009 on
the rights of transgender people Pakistani legal system identified the unique gender identity of
transgender individuals. This Order initiated reforms for the protection of the rights of
transgender individuals and compelled various government departments to devise guidelines for
the issuance of National Identification Cards (NICs) to all transgender individuals and created a
legal framework for their full and equal participation in society. In 2012, the Supreme Court of
Pakistan ruled that transgender people have the same rights as all other citizens and ordered that
a “third gender” category be added to national identity cards. 21That ruling paved the way for

2
South Asian Translaw Debate. (2018). Transgender Persons (Protection of Rights) Act 2018.
https://translaw.clpr.org.in/legislation/the-transgender-persons-protection-of-rights-act Act 2018-pakistan/. Accessed
on June 11, 2023.
the 2018 legislation, which expressly prohibited discrimination against transgender people in
educational institutions, workplaces and health care, and it guaranteed them a share in
inheritance.3

The Transgender Persons (Protection of Rights), Act 2018 is a progressive step towards the
realization of transgender rights in Pakistan. The National Assembly of Pakistan enacted The
Transgender Persons (Protection of Rights), Act 2018 on 8th May 2018. The Act provides legal
recognition to transgender persons and prohibits discrimination and harassment. It also places an
obligation on local governments to provide for the welfare of the community.4

The definition of “transgender persons” in the Act includes intersex persons (Khusra), assigned
male at birth who have undergone gender reassignment surgery (“transgender”), and eunuchs.
This includes transgender men, transgender women, and anyone whose gender identity or gender
expression differs from the sex assigned at birth.5

According to this act transgender persons be registered with all government departments,
including the National Database and Registration Authority (NADRA). Transgender have been
facing human rights violations in that they are denied jobs based on their status. Police will not
file cases if someone has committed a crime against them. The transgender Act has total 21
sections and 07 chapters. The first chapter only deals with definitions and describes transgender
as a person.

Chapter 5 of the Act is a very important piece of legislation, it recognizes the rights of
transgenders, right to education, right to health, right to inheritance, right to vote, employment, to
hold a public office and right to the profession to Transgender Persons. Furthermore, the Act also
directs the government to provide and make separate jails, detention centers, schools, health

3
Rashid, U, Rashid, A. (2022). Constitutional and Legal Guarantees for Transgender in Pakistan: Reforms and
Failures in Law. UK: Palgrave Macmillan. https://www.aajenglish.tv/news/30298905, Accessed on June 11, 2023.

4
South Asian Translaw Debate. (2018). Transgender Persons (Protection of Rights) Act 2018.
https://translaw.clpr.org.in/legislation/the-transgender-persons-protection-of-rights-act Act 2018-pakistan/. Accessed
on June 11, 2023.
5
Rehmat, A. (September 28, 2022). The transgender law and Pakistan’s identity crisis. Arab News.
https://www.arabnews.pk/node/2170881, Accessed on June 11, 2023.
centers, and vocational training institutes for the transgender community. All these reforms are
very much needed for transgender persons.6

Government of Pakistan further strengthened the law and made the Rules, 2020, thereunder.
According to these Rules, NADRA and Passport Office are bound to make a seperate desks for
Transgender Persons. These rules say that Transgender Persons shall have the right to change
their name as well as gender in CNIC, License, Passport, and all educational certificates.
Although in the main Legislation (that is the Act) only gender was permitted to change but in the
rules (Secondary Legislation) one advanced step is taken to change the name as well. The
procedure is very simple, the person has to submit an affidavit with the content that he/she feels
that he/she is transgender. His guru or two independent witnesses are sufficient to prove it. The
word Guru is beyond the prime legislation and has been introduced in the secondary legislation.
The NADRA, Passport office, and other departments are under obligation to write their gender as
“X” in the column of Gender.7

The Act prohibits discrimination against transgender persons in education, employment, and
healthcare as well as harassment within and outside of the home on the basis of gender, gender
identity, and gender expression. Transgender persons are guaranteed all the fundamental rights
enshrined in the Constitution of Pakistan. However some legislators and clerics argue contradicts
Islamic teachings on gender identity. Act gave transgender people in Pakistan the right to choose
their gender identity as they perceived it themselves and to change it on previously issued
government documents. Some religious clerics, legislators, and other opponents of the law claim
the provision to choose or change one’s gender is totally un-Islamic and could open the door to
same-sex marriage which is un-Islamic.

Fozia Arshad, a senator of Pakistan Tehreek-e-Insaaf (PTI), also introduced a new bill to replace
the 2018 legislation. The proposals by senators Mushtaq Khan and Fozia Arshad focused on only
protecting those with genital ambiguities and removing the clauses that allow a transgender
person to choose their gender identity as they perceive it and spell their share in family
inheritance.

6
Saeed, Ahmed. (2022). The Transgender Act Fully Explained Part-1, The Nation, https://www.nation.com.pk/21-
Oct-2022/the-transgender-act-fully-explained, Accessed on June 11, 2023.
7
Ibid.
The Senate chairman has forwarded the matter to the relevant standing committee for review.
The proposals by senators Khan and Arshad focus on only protecting those with genital
ambiguities and removing the clauses that allow a transgender person to choose their gender
identity as they perceive it and spell their share in family inheritance.

Senator Mushtaq Ahmad Khan, a member of Jamat-e-Islami, has lead the charge against the
2018 law, claiming that allowing citizens to choose self-perceived gender identity presents a
“danger to the family and inheritance systems,” as it will “open the door for 220 million people
to choose to be anything.”8

Pakistan uses the Islamic system of inheritance, which divides assets among descendants based
on their gender. Men get twice as much as women. The act stipulated that a person identifying as
a Trans man would also get twice as much as a Tran’s woman. Senator Mushtaq on behalf of
Jamat-e-Islami proposed amendments to the 2018 law include establishing medical boards that
conduct detailed exams and then advise what gender a person should be.9

On the other hand Transgender rights activists opposed the examination by a medical board to
determine sexual and gender identity and called it discriminatory act, since a medical exam is not
required to determine a man or a woman’s gender identity.10

The country’s religious court, known as Federal Shariat Court, also reviewed the arguments
against the 2018 law. The Federal Shariat Court of Islamabad in the verdict ruled that the
sections 2(f), 3 and 7 of the Transgender Act 2018 which relate to gender identity, the right to
self-perceived gender identity and the right of inheritance for transgender people do not conform
to their interpretation of Islamic principles. During the delivery of the verdict, the Court
speculated that the Act could pave the way for rape, and sexual assault of women as they allege

8
Zaman, S. (2022). Pakistan’s Progressive Transgender Law Faces Opposition 4 Years Later. VOA.
https://www.google.com/amp/s/www.voanews.com/amp/pakistan-s-progressive-transgender-law-faces-opposition-4-
years-later-/6768168.html, Accessed on June 11, 2023.
9
Gurqmani, N. (September 26, 2022). Senate chairman refers proposed amendments in transgender rights’ act to
standing committee for debate. DAWN. https://www.dawn.com/news/1712074, Accessed on June 11, 2023.
10
Hashm, A. (May 9, 2018). Pakistan passes landmark transgender rights law. AlJazeera.

https://www.aljazeera.com/news/2018/5/9/, Pakistan-passes-landmark-transgender-rights-law, Accessed on June 11,

2023.
the Act makes it easy for a man to gain access to “exclusive spaces” intended for women,
“disguised” as a transgender woman.11

Before that, Council on Islamic Ideology, a constitutional body that reviews Pakistan’s laws in
the light of the Quran and the Prophet Muhammad’s teachings, also declared the 2018 law un-
Islamic for allowing one to choose self-perceived gender and gender reassignment. In 2018, the
transgender rights legislation passed with the support of all major political parties, although it
was rejected by religious parties, including Jammat-e-Islami. The transgender act was passed
recently and there is no such academia on relative topic. So, this study has been designed to
explore the impact of Transgender act 2018.

Findings:

The Transgender Rights Act 2018, officially known as the Transgender Persons (Protection of
Rights) Act, was passed by the Parliament of Pakistan to provide legal protection and recognition
for transgender individuals.

The National Assembly of Pakistan enacted The Transgender Persons (Protection of Rights), Act
2018 on 8th May 2018. The Act provides legal recognition to transgender persons and prohibits
discrimination and harassment. It also places an obligation on local governments to provide for
the welfare of the community.

It's important to note that In 2009, following the first Order of the Supreme Court of Pakistan in
the Constitutional Petition No. 43 of 2009 on the rights of transgender people Pakistani legal
system identified the unique gender identity of transgender individuals. This Order initiated
reforms for the protection of the rights of transgender individuals and compelled various
government departments to devise guidelines for the issuance of National Identification Cards
(NICs) to all transgender individuals and created a legal framework for their full and equal
participation in society. In 2012, the Supreme Court of Pakistan ruled that transgender people
have the same rights as all other citizens and ordered that a “third gender” category be added to
national identity cards. 21That ruling paved the way for the 2018 legislation, which expressly

11
Mahamoor, R. (May 19, 2023). Revocation of rights of transgender and gender-diverse people must be stopped.
Amnesty International. https://www.amnesty.org/en/latest/news/2023/05/pakistan-revocation-of-rights-of-
transgender-and-gender-diverse-people-must-be-stopped/. Accessed on June 11, 2023.
prohibited discrimination against transgender people in educational institutions, workplaces and
health care, and it guaranteed them a share in inheritance.12

The transgender Act has total 21 sections and 07 chapters. The first chapter only deals with
definitions and describes transgender as a person.

Chapter 5 of the Act is a very important piece of legislation, it recognizes the rights of
transgender, right to education, right to health, right to inheritance, right to vote, employment, to
hold a public office and right to the profession to Transgender Persons.

Some important points of Transgender right protection act 2018 are;

Recognition of identity: The Act allows transgender individuals to self-identify their gender,
independent of medical or psychological certifications. They have the right to be recognized as
per their self-perceived gender identity.

Right to inheritance: Transgender persons have the right to inherit property and assets, similar to
other citizens.

Non-discrimination: The Act prohibits discrimination against transgender individuals in

education, employment, healthcare, housing, and other public services. It aims to ensure their
equal treatment and opportunities.

Right to protection: Transgender individuals have the right to protection from harassment, abuse,
and violence. The Act criminalizes offenses committed against transgender persons and
establishes special courts to address such cases.

While the Transgender Rights Act 2018 was a significant step forward for transgender rights in
Pakistan, it has faced both legal and social debates. Despite the legislation, implementation and
enforcement of the Act have been reported as inadequate in some cases. There have been
concerns about the slow progress in developing policies and mechanisms to ensure the rights of
transgender individuals are protected effectively.

12
Rashid, U, Rashid, A. (2022). Constitutional and Legal Guarantees for Transgender in Pakistan: Reforms and
Failures in Law. UK: Palgrave Macmillan. https://www.aajenglish.tv/news/30298905, Accessed on June 11, 2023.
Some critics argue that certain provisions of the Act, such as the self-identification of gender,
lack clarity. They contend that a more comprehensive framework is needed to address the
complex.

Government of Pakistan further strengthened the law and made the Rules, 2020, thereunder.
According to these Rules, NADRA and Passport Office are bound to make a separate desks for
Transgender Persons. These rules say that Transgender Persons shall have the right to change
their name as well as gender in CNIC, License, Passport, and all educational certificates.
Although in the main Legislation (that is the Act) only gender was permitted to change but in the
Rules (Secondary Legislation) one advanced step is taken to change the name as well. The
procedure is very simple, the person has to submit an affidavit with the content that he/she feels
that he/she is transgender. His guru or two independent witnesses are sufficient to prove it. The
word Guru is beyond the prime legislation and has been introduced in the secondary legislation.
The NADRA, Passport office, and other departments are under obligation to write their gender as
“X” in the column of Gender.

While the act was generally welcomed as a positive development in recognizing transgender
rights, there have been ongoing debates and discussions surrounding its implementation and
effectiveness. Some critics argue that the act does not go far enough in addressing the deep-
rooted social stigma and discrimination faced by transgender individuals in Pakistani society.

Moreover, concerns have been raised about the practical challenges of implementing the act,
including issues related to documentation, healthcare access, and enforcement of anti-
discrimination measures. There have also been calls for further amendments and improvements
to the act to better protect the rights and welfare of transgender individuals. In terms of social
debate, the act has sparked discussions and raised awareness about transgender rights and the
need for societal acceptance. It has also brought attention to the unique challenges faced by
transgender individuals, including issues such as healthcare, education, employment, and family
dynamics. Activists, NGOs, and members of the transgender community have been actively
involved in advocating for the full realization of transgender rights and challenging societal
attitudes and prejudices.

Pakistan Tehreek-e-Insaf (PTI) which was the ruling party in Pakistan as of September 2021, has
generally supported the Transgender Rights Act 2018. The party has emphasized the need for
transgender rights and inclusion, and it played a significant role in the passage of the act. PTI has
advocated for measures to improve the social and economic conditions of transgender
individuals and has shown commitment to addressing their concerns.

Pakistan Muslim League-Nawaz (PML-N) has expressed support for transgender rights and has
generally been in favor of the Transgender Rights Act 2018. During the passage of the act, PML-
N members participated in debates and discussions, advocating for the rights and welfare of
transgender individuals. However, it is important to note that individual opinions within the party
may vary.

Pakistan Peoples Party (PPP) has historically been supportive of transgender rights in Pakistan.
The party has advocated for legislation and policies to protect transgender individuals from
discrimination and improve their socio-economic conditions. It played a significant role in
advocating for the Transgender Rights Act 2018 and has been vocal in supporting the rights of
transgender persons.

Muttahida Qaumi Movement-Pakistan (MQM-P) has also expressed support for transgender
rights and the Transgender Rights Act 2018. The party has emphasized the need for inclusivity
and protection of transgender individuals’ rights. MQM-P has called for further measures to
address the discrimination faced by the transgender community and to ensure their full
participation in society.

Some legislators and clerics argue contradicts Islamic teachings on gender identity. Act gave
transgender people in Pakistan the right to choose their gender identity as they perceived it
themselves and to change it on previously issued government documents. Some religious clerics,
legislators, and other opponents of the law claim the provision to choose or change one’s gender
is totally un-Islamic and could open the door to same-sex marriage which is un-Islamic. Jammat-
e-Islami, has lead the charge against the 2018 law, claiming that allowing citizens to choose self-
perceived gender identity presents a “danger to the family and inheritance systems,” as it will
“open the door for 220 million people to choose to be anything.”

Pakistan uses the Islamic system of inheritance, which divides assets among descendants based
on their gender. Men get twice as much as women. The act stipulated that a person identifying as
a Trans man would also get twice as much as a Tran’s woman. Senator Mushtaq on behalf of
Jamat-e-Islami proposed amendments to the 2018 law include establishing medical boards that
conduct detailed exams and then advise what gender a person should be. On the other hand
Transgender rights activists opposed the examination by a medical board to determine sexual and
gender identity and called it discriminatory act, since a medical exam is not required to
determine a man or a woman’s gender identity.

Pakistan’s religious court, known as Federal Shariat Court, also reviewed the arguments against
the 2018 law. The Federal Shariat Court of Islamabad in the verdict ruled that the sections 2(f), 3
and 7 of the Transgender Act 2018 which relate to gender identity, the right to self-perceived
gender identity and the right of inheritance for transgender people do not conform to their
interpretation of Islamic principles. During the delivery of the verdict, the Court speculated that
the Act could pave the way for rape, and sexual assault of women as they allege the Act makes it
easy for a man to gain access to “exclusive spaces” intended for women, “disguised” as a
transgender woman.

Before that, Council on Islamic Ideology, a constitutional body that reviews Pakistan’s laws in
the light of the Quran and the Prophet Muhammad’s teachings, also declared the 2018 law un-
Islamic for allowing one to choose self-perceived gender and gender reassignment. In 2018, the
transgender rights legislation passed with the support of all major political parties, although it
was rejected by religious parties, including Jammat-e-Islami. On the other hand Transgender
rights activists opposed the examination by a medical board to determine sexual and gender
identity and called it discriminatory act, since a medical exam is not required to determine a man
or a woman’s gender identity.

The Transgender Rights Act 2018 was a significant step towards recognizing the rights of
transgender individuals in Pakistan and addressing the discrimination and marginalization they
face. However, it’s important to note that the effective implementation of the act and the
elimination of societal prejudices and discrimination remain ongoing challenges.
2. Research Objectives:

The main objectives of this research are as follows:

a) To assess the awareness and understanding of the Transgender Amendment Act among
the transgender community in Pakistan.
b) To examine the implementation of the Act and its impact on the social, economic, and
political rights of transgender individuals.
c) To identify the remaining challenges faced by the transgender community in accessing
healthcare, education, employment, and housing.

D) To explore the attitudes and perceptions of the general public towards transgender individuals
and their rights in light of the Transgender Amendment Act.

3. Methodology:

a) Sampling: A purposive sampling technique will be employed to select transgender individuals

from different regions of Pakistan. Inclusion criteria will be based on age, gender identity, and
socio-economic background. The sample size will be determined through a power analysis to
ensure statistical validity.

b) Data Collection: A mixed-methods approach will be used, combining quantitative and

qualitative data. Questionnaires will be developed to collect quantitative data, focusing on
demographic information, awareness and understanding of the Transgender Amendment Act, and
self-reported experiences regarding social, economic, and political rights. Semi-structured
interviews and focus group discussions will be conducted to gather qualitative data, exploring in-
depth experiences, challenges, and perceptions of the transgender community.

Significance of the statement:

The findings of this research are expected to shed light on the impact of the Transgender
Amendment Act on the transgender community in Pakistan. Potential outcomes include:

A) A comprehensive understanding of the awareness and understanding of the Act among

transgender individuals.
b) An assessment of the implementation of the Act and its influence on the social, economic, and
political rights of transgender individuals.

d) Identification of the persisting challenges faced by the transgender community in

accessing healthcare, education, employment, and housing.
e) Insights into the attitudes and perceptions of the general public towards transgender
individuals and their rights.

Significance and Implications:

The research findings will contribute to existing literature on transgender rights in Pakistan,
providing empirical evidence on the impact of the Transgender Amendment Act. The results can
inform policy-makers, governmental and non-governmental organizations, and advocacy groups
to further improve the rights and well-being of transgender individuals. Additionally, the study
may help raise public awareness and promote a more inclusive and accepting society.

Problem statement:

To investigate the effects of Pakistan’s Transgender Amendment Act on the transgender

community. The study will look into how much the act has advanced transgender people’s social,
economic, and political rights as well as what obstacles they still have to overcome.

Limitations and Delimitations:

This research proposal acknowledges certain limitations, including potential biases in self-
reported data, the generalizability of findings limited to the selected sample, and challengs
diagram AKA in accessing a diverse range of transgender individuals. Furthermore, the study
will focus solely on the transgender community in Pakistan and may not capture the experiences
of other gender diverse individuals.

Conclusion:

The Transgender Rights Act 2018 in Pakistan marked an important milestone in recognizing and
protecting the rights of transgender individuals in the country. It aimed to address the
discrimination, marginalization, and social challenges faced by the transgender community.
The act provided transgender persons with the right to self-identify their gender and obtain
official documentation reflecting their gender identity. It prohibited discrimination against
transgender individuals in various areas of life, including employment, education, healthcare,
and access to public
 BIBLIOGRAPHY

Gurqmani, N. (September 26, 2022). Senate chairman refers proposed amendments in

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Hashm, A. (May 9, 2018). Pakistan passes landmark transgender rights law. AlJazeera.

https://www.aljazeera.com/news/2018/5/9/, Pakistan-passes-landmark-
transgender-rights-law

Mahamoor, R. (May 19, 2023). Revocation of rights of transgender and gender-diverse

people must be stopped. Amnesty International.
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Rashid, U, Rashid, A. (2022). Constitutional and Legal Guarantees for Transgender in

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Rehmat, A. (September 28, 2022). The transgender law and Pakistan’s identity crisis.
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Saeed, Ahmed. (2022). The Transgender Act Fully Explained Part-1, The Nation,
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