Transgender Act

Read it and decide which of these rights as human beings, they should not get and under the guise of which rights the activities they fear are possible.

It may be called the Transgender Persons (Protection of Rights) Act, 2018.
It will be applicable everywhere in Pakistan.
It will be effective immediately.

Transgender Act Chapter Number One – Definitions

Definitions include Act on Gender Protection Rights, CNIC means Identity Card, Complainant means Complainant, CRC means Child Registration Form or Form B/B, and Gender Expression means a person’s gender identity, whether of themselves or others. How do you do it? Gender identity means how a person feels about themselves on the inside, as male, female, both, or neither. This identity may or may not correspond to the gender identity assigned at birth. After that, government means the federal government.

Harassment refers to sexual, physical, mental, and psychological harassment, which means that all such behaviors, including violent behavior for sex, pressure, unwanted sexual advice, solicitation, etc., are called harassment. will go.

NADRA stands for Identity Card and Data Registration Authority. Notification published in the Gazette. PDMC means Pakistan Medical and Dental Association, PDMC Ordinance 1962.
Prescribed means the rules made/passed by the Federal Government under this Act. Rules mean the rules involved in it.

Transgender Act Transgender Person Meaning

Intersex (Khansa) with both male and female genitalia or congenital gender ambiguity, cisgender, a male child who is registered as male at birth but is sexually dysfunctional/castrated, a transgender male or female whose gender, whose gender identity or expression of identity deviates from the general values ​​of society or deviates from the gender identity they were assigned at birth.

Any word or words not defined or specified in this Act shall have the meaning assigned to them in the CRPC (Penal Code 1898) or PPC (1860) Pakistan Penal Code

Transgender Act Chapter Number Two

  1. A transgender person shall have the right to register their sex/gender identity in accordance with the gender/gender identity they perceive themselves to be.
  2. A transgender can register himself in all NADRA or other government agencies as per his self-perceived identity under sub-section one.
  3. Every transgender person can get an identity card, passport, or driving license as per the NADRA Ordinance 2000 or other relevant laws on attaining the age of eighteen years according to self-perceived gender identity.
  4. A transgender person whose identity card has already been created can also get his or her self-perceived identity entered on his or her identity card, passport, or driving license as per NADRA Ordinance 2000.

Transgender Act Chapter Number Three

Denial, termination, unfair treatment, coercion or termination of employment, or discrimination in education or services in educational, health, or other institutions is prohibited, and illegal. Deprivation of public facilities, which are available to the public, prohibition of their use, prohibition of travel facilities, prohibition of the use of public transportation facilities, prohibition of taking up residence, purchase or sale of property, taking a building on rent, or Depriving or denying the right to inherited movable and immovable property shall be absolutely illegal. They are also prohibited from sexual, or physical harassment at home or outside the home.

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Transgender Act Chapter Number Four For Government Duties & Responsibilities

It becomes the responsibility of the government to enable the full and safe inclusion of transgenders in society and society. For them, make rehab centers and other shelters, provide medical facilities, and arrange adult education including psychological treatment and support. Separate jails, referrals, and referrals should be made for transgenders who are involved in crimes. In all institutions like the health departments or other institutions, awareness should be given from time to time for the transgender issue.

Vocational training should be given to them so that they can manage their livelihood. They should be prepared to do small business by giving easy loans or assistance. The purpose of this act is to complete all these matters.

Transgender Act Chapter Number Five Protection of Transgender Rights

Inherited property or inheritance cannot be excluded or discriminated against. According to the identity, they will enter on their ID card, they will get the right of inheritance. Enrolled as a male will get the inheritance rights of a male and those enrolled as a female will get the inheritance rights of a female. The following will apply to those who are confused about their male or female identity.

At the age of 18 years, those who are registered as male will be/will be given inheritance rights as male, while if registered as female, they will be/will be given inheritance rights as female, but still if one has gender ambiguity, then two separate persons. That is, the average share of male and female inheritance rights will be given. In case of age less than eighteen years i.e. minor, it will be determined as per the opinion of the Medical Officer.

Right To Education

If a transgender person fulfills the remaining requirements of a public or private educational institution, he/she cannot be denied the right to education or discriminated against. They cannot be barred from participating in recreational facilities or sports.

The government will take steps to guarantee compulsory and free education and provide facilities to transgenders in accordance with Article 25A of the Constitution of the Islamic Republic of Pakistan, 1973. Sexist behavior will be illegal. It shall be unlawful to deny them admission to educational institutions, prevent or prevent them from participating in any training program or use of any facility on this basis.

Right To A  Job

Article 18 of the 1973 Constitution of the Islamic Republic of Pakistan, which guarantees a legitimate source of income, business, or employment for them, should be applied. No institution, department, or organization shall discriminate in employment, promotion, appointment, transfer, or related matters. Discrimination on grounds of sex or gender shall be unlawful. It shall be unlawful to prevent or restrict their access to employment or promotion, advancement, training, or similar benefits on that basis. Discrimination for dismissal etc. is/will also be illegal.

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Right To Vote

A transgender cannot be deprived of the right to vote, he can vote according to his identity card.

Right to hold public office

If someone wants to take part in a public office election, he cannot be stopped.

Right to health

The government should re-evaluate the medical curriculum, which educates research doctors and nursing staff on transgender health issues. They should be provided facilities at hospitals and other health centers. Every possible effort should be made to provide them with physical and psychological treatment, treatment, or assistance. Help should be given in gender determination or correction.

The right to assemble

According to article number sixteen of the constitution nineteen seventy-three. Reasonable security arrangements should be made. Do not discriminate.

Ease of entry into public places

According to this, transgenders cannot be prevented from entering public places, or using facilities, on grounds of sex or gender, and cannot be subjected to discrimination. Stopping or discriminating against them would be a violation of Article 26 of the Constitution.

Right to property

Buying, selling, leasing, or renting of property cannot be prevented due to sex/gender. This is illegal.

Guarantee of fundamental rights

All the fundamental rights given in the constitution should be guaranteed. It is the government’s responsibility to take measures to prevent and avoid any form of discrimination.

Crimes and Punishments

Whoever keeps or forces transgenders to beg shall be punished with imprisonment for a term which may extend to six months or with a fine of Rs.50,000 or both.

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Chapter Number Seven – Enforcement Mechanism

In addition to the “remedies” listed and available in the Constitution of Pakistan, the Penal Code, and the Criminal Code, if the affected transgender is deprived of the rights that the constitution gives them, then the Federal Ombudsman, the National Commission for the Status of Women. Or the National Commission of Human Rights will have the right to make an application.

Misc Act having an over-riding effect on any other law

The provisions in this act will be superseded in case of conflict with the existing laws, i.e. more transgender cases will be considered in their light. The Government’s power includes making rules, issuing notifications, or making rules for the implementation of this Act.

The Government has the authority and power to issue such orders or publish them in the Official Gazette if there are any problems or difficulties in its implementation. Bringing up problems and solving them so that the obstacle or difficulty can be removed as soon as possible. All this will be done within two years.

Statement of Objects and Reasons

The transgender community faces issues of social ostracism and discrimination. Lack of educational facilities, unemployment, lack of health facilities, and many similar problems are faced. The Supreme Court of Pakistan passed a ruling in 2009 that no law can deprive transgenders of their fundamental rights. All citizens are equal before the law under Article 26 and Clause 27 of the Constitution of Pakistan. Article Nineteen gives freedom of expression to every citizen but still, transgenders are discriminated against and oppressed.

Transgender Persons Protection (Protection of Rights) Bill, 2017

  • Defines transgender
  • Prevents discrimination
  • Gives him the right/rights to identity, and guarantees to give him the same identity as he says or believes himself to be.
  • him the right/right to identity, guarantees to give him the same identity as he says or believes himself to be.
  • No institution shall make him a target of discrimination in employment, promotion, education, or other matters.
  • The government should take steps for their welfare.
  • This bill is for obtaining the above reports.
  • Read it and decide which of these rights as human beings, they should not get and under the guise of which rights the activities they fear are possible.

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