Transgender act 2018 in Pakistan
Transgender act 2018 in Pakistan
What is the reality of the Transgender Bill, which has become the top trend of all kinds of media in Pakistan now a day? Who will get benefit from it?
What concerns are being raised in society?
If so, how can we protect our children from such habits?
It is important to read this article till the end to clear all kinds of confusion regarding all these things.
Below is the bill.
First of all, read the bill carefully.
Don’t read and listen to the comments of others, decide for yourself what is right and what is wrong
This may be called the Transgender Persons (Protection of Rights) Act, of 2018.
It will be applied everywhere in Pakistan. Its application will be immediate.
Chapter Number One:
Definitions include Act for 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, either self 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 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 advances, invitations, etc., are called harassment.
- 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 laws made/passed by the Federal Government in this Act.
- Rules mean the rules that are included in it.
- Transgender person means; Intersex (Khansa) with both male and female genitalia or congenital gender ambiguity, transgender, a male child who is registered 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 Cr.P.C.
Chapter Number Two:
A transgender person shall have the right to register his or her sex/gender identity in accordance with the gender/gender identity he/she considers himself/herself to be.
A transgender can register himself in all NADRA or other government institutions according to his self-perceived identity under sub-section one.
Every transgender person can get himself an identity card, passport or driving license as per NADRA Ordinance 2000 or other relevant laws upon attaining the age of eighteen years according to self-perceived gender identity.
(This is quite important)
A transgender 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.
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.
A prohibition from public facilities, which are available to the public, prohibition from their use, prohibition from travel facilities, prohibition from using public travel facilities, prohibition from taking up residence, purchase, and sale of property, taking buildings on rent, Or denying the right to inherit movable or immovable property will be absolutely illegal.
They are also prohibited from sexually or physically harassing them at home or outside the home.
Government Duties and Responsibilities
- It is the responsibility of the government to enable the full and safe inclusion of transgender in society and society. For them, make rehab centers and other shelters, provide medical facilities, and arrange psychological treatment and support, including education for adults.
- Separate jails, referrals, and referrals should be made for transgender who is involved in crimes.
- Awareness should be given from time to time for transgender issues in all institutions like health departments or other institutions.
- 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.
Chapter Number Five:
Protection of Transgender Rights:
1. Right of inheritance
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. The person registered as a male will get the inheritance rights of a man and the person registered as a woman will get the inheritance rights of a woman.
2. Confused Identity
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 a male will be / will be given inheritance rights as a male, while if they are registered as a female, they will be given inheritance rights as a female. The average share of inheritance rights of women will be given. In case of age less than eighteen years i.e. immaturity, it will be determined according to the opinion of the medical officer.
3. Right to Education:
If a transgender person fulfills the remaining requirements of a public or private educational institution, he/she cannot be deprived of the right to education or discriminated against. They cannot be barred from participating in recreational facilities or sports.
4. Compulsory Education
According to Article 25A of the Constitution of the Islamic Republic of Pakistan, the government will take measures to guarantee free and compulsory education to transgender and provide facilities.
5. Discrimination will be illegal
Behaviors based on sex and gender discrimination will be illegal. It shall be unlawful to deny them admission to educational institutions, prevent them from participating in any training program, or from using any facility on this basis.
6. Right to Employment:
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.
7. Discrimination on the basis of sex
Discrimination on the basis of sex or gender shall be unlawful. It shall be unlawful to restrict or restrict their access to employment or promotion, promotion, training or similar benefits on this basis. Discrimination for dismissal etc. is/will also be illegal.
8. Right to vote:
A transgender cannot be deprived of the right to vote, he can vote according to his identity card.
9. Right to hold public office
If someone wants to take part in the election of public office, he cannot be stopped.
10. Right to health
The government should review the medical curriculum, and improve what research doctors and nursing staff know about transgender health issues. Facilities should be provided to them at hospitals and other health centers. Every possible effort should be made to provide physical and psychological treatment, treatment, or support to them. Help should be given in gender determination or correction.
11. Right to Assemble
The right to assemble should be given under Article Number Sixteen of the Constitution of Nineteen Seventy-Three. Reasonable security arrangements should be made. Do not discriminate.
12. Ease of Entry into Public Places:
According to this, transgender cannot be prevented from entering public places, or using facilities on grounds of sex or gender, and cannot be subjected to discrimination. Stopping them or discriminating against them will be a violation of Article 26 of the Constitution.
13. Right to Property:
Buying, selling, leasing, or renting property cannot be prevented because of sex/gender. This is illegal.
14. Guarantee of Fundamental Rights:
All the basic rights given in the constitution should be guaranteed. It is the government’s responsibility to take measures to prevent and avoid any kind of discrimination.
15. Offenses and Punishments:
Anyone who keeps or forces transgender to beg can be punished with imprisonment for up to six months or with a fine of fifty thousand rupees or both.
Chapter Number Six:
16. Enforcement Mechanism:
Along with the “remedies” listed and available in the Constitution of Pakistan, the Penal Code of Pakistan, and the Criminal Code, if the affected transgender is or will be deprived of the rights given to them by the Constitution, then the Federal Ombudsman, National Commission for States and Women Or the right to apply to the National Commission and Human Rights.
Chapter Number Seven:
Act having over-riding effect to any other law:
- In case the provisions in this act are in conflict with the existing laws, they will be superseded, i.e. more cases of transgender will be seen in their light.
- The power of the Government 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 their implementation. Bring the problems to the fore and solve 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 problems 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 transgender women of their basic rights. All citizens are equal under the law under Articles 26 and 27 of the Constitution of Pakistan. Article Nineteen gives freedom of speech to every citizen but still, transgender is discriminated against and oppressed.
Transgender Persons Protection (Protection of Rights) Bill, 2017;
Defines transgender, prevents discrimination, It gives him the right/rights to identity, he guarantees to give identity to what he calls 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 measures for their welfare.
This bill is for obtaining the above reports.
Top tips for baby safety
Ever since the passing of the Transgender Bill, every mother is worried about how to protect her children from this temptation.
If you really want to protect your children from immorality and evil, then follow the following points.
Condemn those who appear to be part of this culture on Facebook and other platforms
Make your boys realize that they are boys and should do boyish things. For example, men apply henna to women, preparing brides and so this culture is becoming common, men should do manly things.
Educate the boys from the male teachers and don’t let them go to education school.
Don’t let boys play with girls
If children are using social media keep an eye on them who their friends are and who they talk to
Do not allow children to sit with older boys and adults
Do not let children sleep in the same bed as their cousins.
When siblings also turn eight or nine years old do not sleep on the same bed
When the children become adults, marry them.
If you keep these points in mind while training your children, it is very possible that Allah Almighty will save them from the evil, indecency and actions of the people of Lut (AS). Insha Allah.