The laws in Pakistan are a complex mixture of Anglo-Saxon law
and Islamic theocratic law. The Constitution of Pakistan ensures
fundamental rights for every citizen but at the same time impose
sanctions on religious minorities and ignoring gender diversity at
all. As a result of this, tyranny and impunity breeds from the
current legal scenario. Debilitated human rights situation has
been a major
... [Show full abstract] concern for human rights defenders, activists and
lawyers in the country. Women, men, children, minorities and
transgender people are marginalized across the board and very
little political will is shown with in the executive and legislative
bodies to ensure their human rights are protected in the country.
In this scenario, passing of Transgender Persons (Protection of
Rights) Act, 2018 by Parliament is no less than the first ground
breaking macro level legislative move to mainstream transgender
community in Pakistan. The law recognizes the right of self identification for gender identity. However, it is unclear to
implementing agencies even, revamping the debate around
medical examination, confusing sex with gender. The aim of the
Act is to mainstream transgender community in all aspects of life
and provide opportunity based on principles of equity. The legal Road Map on Implementation of Transgender Act in Pakistan 2018
implications of the Transgender Person (Protection of Rights)
Act 2018 are complex and diverse. Exercise of executive powers
and legislative involvement of provincial assemblies/
governments to the subjects of devolution is required before
Transgender community can avail rights ensured in the Federal
Act ibid.
So far, little effort and interest has been shown by the
political parties, and other important organs of the state to ensure
effective implementation of the said Act. Furthermore, there is
also a dire need of social and legal support to the community so
as to chalk out advocacy plan to create a positive and
constructive political pressure on the provincial government for
implementation of the Act. This scenario makes the need of this
guide more relevant. I hope the effort shall be acknowledged
within relevant circles and serve the purpose for which it is
meant. I have no doubt that the coming years will see a
fundamental change towards accepting the existence and basic
rights of transgender community in Pakistan.