Transgender activists appeal court ruling against law aimed at protecting them

Transgender activists in Pakistan said they plan to appeal to the highest court in the land an Islamic court’s ruling that guts a law aimed at protecting their rights.

The Transgender Persons (Protection of Rights) Act was passed by parliament in 2018 to secure the fundamental rights of transgender Pakistanis. It ensures their access to legal gender recognition, among other rights. Many people in Pakistan have entrenched beliefs on gender and sexuality and transgender people are often considered outcasts. Some are forced into begging, dancing and even prostitution to earn money. They also live in fear of attacks.

The Federal Shariat Court on Friday struck down several provisions of the landmark law, terming them “un-islamic.” It ruled that a person cannot change their gender on the basis of “innermost feeling” or “self-perceived identity” and must conform to the biological sex assigned to them at the time of birth.

The court has the constitutional mandate of examining and determining whether laws passed by Pakistan’s parliament comply with Islamic doctrine. Around a dozen activists protested in Karachi on Saturday against the ruling. Lawyer Sara Malkani, who was speaking at an event organised by the Gender Interactive Alliance, denied the legislation was un-islamic. She said the existence of two genders did not limit the concept of gender identity and that Islamic texts, including the Quran, did not associate specific behaviour to specific genders.

“We absolutely intend to appeal the court’s findings to the Supreme Court, and we will prevail,” said Nayyab Ali, executive director of Transgender Rights Consultants Pakistan, at a news conference. Ali said the transgender community was “mourning the decimation” of Pakistan’s first transgender rights protection legislation in response to the Islamic court’s finding. However, clerics and representatives from religious parties say the law has the potential to promote homosexuality in this conservative country with a Muslim majority. They want the Islamic court to annul the law. The court ruled that the term “transgender” as it is used in the law creates confusion. It covers several biological variations, including intersex, transgender men, transgender women and Khawaja Sira, a local term commonly used for those who were born male but identify as female.