Islamabad : The largest religion-based political party in Pakistan, Jamaat-e-Islami (JI), has introduced a bill to amend the Transgender Persons (Protection of Rights Act 2018).It has also called for the formation of a medical panel to determine if someone should undergo a gender shift or request reassignment without reference to their identity.
The bill, presented in the upper house (Senate) demands a debate on the matter and want to amend the law along with a formation of a gender reassignment board, which should work with the country’s National Database & Registration Authority (NADRA).This bill was presented to the Senate, and calls for a discussion on the subject.
The law, as it currently stands, states: “A person recognized as transgender.shall have the right to get himself or herself registered as per self-perceived gender identity with all government departments including, but not limited to, NADRA.”.As it stands now, the law states that “A person who is recognized as transgender.shall be able to register as per his or her self-perceived sexual identity with all government agencies, including but not limited NADRA.”
The JI’s proposed amendment bill opposes this provision of the constitution and calls for formation of a gender reassignment board to suggest to NADRA, which should decide if a person can go through a gender change and be reassigned.Proposed amendment bills by the JI to this section of the Constitution are opposed.They call for the formation of a board of gender counselors to recommend to NADRA.
This should determine if someone can undergo a gender shift and be reassigned.
As per details of the proposed bill, the formation of the board should be established at district levels after the approval of the Prime Minister and the respective Chief Ministers of all provinces.
The details of this bill suggest that the creation of the board at the district level should take place after approval by the Prime Minister as well as the Chief Ministers from all the provinces.
“Each board should comprise of professor doctor, a psychologist, a male general surgeon, a female general surgeon and a chief medical officer,” read the proposed bill.
The bill proposes that each board be composed of a professor doctor, psychologist, a male and female general surgeon, as well as a chief physician.
The proposed bill also seeks a strict ban on surgeries for gender reassignment of any other treatment that change genital features, as they may be done on the basis of psychological disorder or gender dysphoria.
Proposed legislation also bans gender reassignment surgeries, which may involve the alteration of genital features.
“The law in its present form could lead to the legalisation of homosexual marriages.
The law as it stands could allow homosexual marriage to be legalized.The law violates the dignity of Muslim women,” stated the proposed bill.According to the bill, the law “violates the dignity of Muslim females.”
The Senator, who presented the bill, stated that deeming gender identity a personal matter is contrary to the teachings of Islam, adding that the current law allows any person to get themselves registered as a man or a women not on the basis of their biology but their personal thoughts.He presented the bill and stated that gender identity is a personal matter.The senator also said that it was against Islam’s teachings to consider this.
Furthermore, the law currently allows anyone to register as either a woman or man based on their biology, but rather their own personal beliefs.
In Pakistan, at least 28,00 cases of gender change have been processed in the past three years.At least 28,000.cases of gender-related change in Pakistan have been handled over the last three years.
NADRA has been allegedly changing the genders of people on a single request.NADRA is alleged to have changed the genders on one request.
The JI proposed bill was opposed by Federal Minister on Human Rights Shireen Mazari, who stated that the amendment is aimed at victimiSing the transgender community while the current law gives them right to identity.Shireen Mazari (Federal Minister for Human Rights) opposed the JI-proposed bill, stating that it was aimed at victimizing the transgender community and the existing law allows them to identify.
“Till date, not a single complaint has been received regarding the misuse of this law,” she said.She stated that “to date, there has not been a single complaint regarding the misused of this law.”
The senate has sent ahead the proposed amendment bill to relevant authorities and has sought a reply from them to take the debate forward.Senate has forwarded the amended bill to the relevant authorities.
They have been contacted to respond to the senator to move the discussion forward.
However, the bill is being criticised for targeted victimition of the transgender community, who already suffer discrimination from the society at large in the country.
The bill has been criticised because it targets transgender people, who are already subject to discrimination in society.
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