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2- Transgender people can apply for a driving license, passport and other
official documents using their chosen identities.
3- Heavy penalties are delineated for assault, unlawful eviction and
harassment.
4- Bank accounts are being opened using forms with a space for a third
gender. Under new government policy, transgender people can avail
interest-free loans.
5- The law guarantees citizens the right to express their gender as they wish,
and to a gender identity that is defined as "a person's innermost and
individual sense of self as male, female or a blend of both, or neither; that
can correspond or not to the sex assigned at birth"
But at the same time, there have been cases of transgender women who have
been set on fire for allegedly refusing sexual favours.
They are being attacked in their own homes, stabbed when they stand up for
themselves.
No funding has been allocated to address some of the problems that the Act
sought to correct. And none of the provinces have passed their own version of
the law.
ANALYSIS:
The Act is commendable for its nuance, range and clarity. It allows the citizens
of Pakistan to self-identify their gender, bans discrimination in public places
like schools, work, public transportation and doctor’s offices.
It accounts for sensitivity training for law enforcement and streamlines the
process to change gender in government records. This year’s World Human
Rights Day is a special one for transgender activists in Pakistan: for the first
time, a third space has been created for them.
They welcome the legislation, but rightly worry it will not dismantle decades of
stigma and prejudice.
The government has been sincere in its attempts to provide protections to the
transgender community. Intentions, optics and a series of historic firsts must
now give way to implementation, protection and results.
And to a community that has been persecuted, maimed, killed, shamed, set on
fire, refused entry into hospitals, shunned, raped and marginalised — that could
mean a lot.