Affirming trans identity

PAKISTAN made history this week by becoming one of only a few countries in the world to pass progressive legislation guaranteeing the fundamental rights of its trans citizens — including rights of employment, property, inheritance, to vote and to hold public office.

One of the hallmarks of the Transgender Persons (Protection of Rights) Act, 2018, passed by the National Assembly on Tuesday, is its culturally relevant, gender-affirming definition of trans Pakistanis based on their self-perceived identities. This stands in stark contrast to an earlier iteration of the bill that would have forced trans persons to be ‘screened’ for legal recognition and subjected to humiliating, unsafe medical and bureaucratic hurdles.

Another salient revision includes changing the enforcement mechanism (to redress harassment and discrimination complaints) from a dedicated committee to existing bodies such as the federal ombudsperson and the National Commission of Human Rights.

While marginalised communities do need certain exclusive services, being able to access mainstream services that are appropriately sensitised to their needs is often more effective than relegating them to outsider status through the creation of parallel systems.

Once signed into law, the bill will extend to the whole of Pakistan, but it is important to note that though it is overriding, implementing affirmative policies for subjects that have been devolved from the centre, such as health and education, will require provincial legislation — and action.

The bill, and the stakeholder process that leads up to it, should serve as a template for elected representatives to follow, as it demonstrates how essential it is for policymakers to connect with grass-roots activists so that the most disenfranchised voices are heard and meaningful legislation formulated.

This is a watershed for the khwaja sira and wider trans community, and a moment for all Pakistanis to reflect on.

The struggle for rights and recognition is woven into the very DNA of this nation. Their community, too, suffered under a colonial regime that pathologised and criminalised their existence. Too often, however, the narrative around human rights issues is delegitimised as a Western construct, exacerbated to an extent by an overreliance on donor-driven paradigms in the development sector, which can depoliticise local movements.

But the overarching moral impetus of rights-based activism in this country has always been an indigenous struggle to decolonise from inherited systems of oppression. Almost 71 years since Independence, our fellow trans Pakistanis have given us the gift of this reminder.