We’ve got the legislation, about time to implement it in letter and spirit
The social degradation of the transgender persons in the 21st century is highly appalling. The sheer spite with which they are mocked, harassed, and ridiculed should put us all to shame. Despite being a Muslim State, our indifferent attitude towards them goes against some of the most basic tenets of Islam. It is this regressive mindset that has excluded the transgender from all activities of the society, often making them vulnerable to violent abuse and harassment. We must remember that they are some of the most humble creations of God, extremely devout in fulfilling their religious obligations. They do not deserve to be treated in such a harsh manner, merely because of the way they are born.
The Transgender Persons have been created by Allah, and they too, just like other men and women, are the best of His creation. They deserve to be treated with the same respect afforded to other cis-gender people at least in an Islamic society. We, as a state, have failed to integrate them with the rest of us. The majority of them continue to work as prostitutes, beggars, and dancers. Whereas the Prophet Muhammad (peace be upon him) and the Caliphs had introduced special administrative, social, and monitory reforms for transgender persons fourteen hundred years ago.
Although the Supreme Court in its judgement of 2009, instructed NADRA to enlist them as third gender in the national identity cards and some more legal recognitions had been given to this community. Recently the National Commission for Human Rights, Pakistan has introduced “The Transgender Persons Protection of Rights Bill, 2017” to establish an effective system of protection, relief and rehabilitation for the community of Transgender Persons against violence and discrimination. This bill has proposed legal protection to Transgender Persons against unfair gender discrimination and inter alia all other fundamental rights which the Constitution of Pakistan guarantees to other citizen of Pakistan including right of inheritance share and right to hold public office and right vote. Under this bill the office of the Ombudsman will monitor the enforcement of the bill and hold inquiry against accused on the complaint of Transgender Persons. The office of the Ombudsman can impose any of the minor or major penalties specified in the bill. The bill has further proposed National Advisory Board for Transgender Persons. The advisory Board shall be consisted of Minister of State in charge, Secretary Human Rights and Interior ,representation from Community of Transgender persons ,NGO’s ,National Commission for Human Rights ,National Health Services. The advisory board will advise Government, non-Governmental Organisations and Departments of Government on the formulation of policies which are dealing with the matters relating to Transgender Persons.
But no one is thinking to change the mind set of society about this community, knowingly that legal support is noting without social and moral support. From the birth of a transgender child to him reaching adult life, we subject him to constant discrimination and harassment then they seek shelter at local Hijra community under the protection of Guru. Our indifferent attitude towards the transgender has for far too long deprived them of their basic fundamental rights. As parents, we are either ashamed of the gender of our child and prefer not to send them to school, or are overprotective and hence, do not wish to make them preys of sexual abuse. Even where transgender children are enrolled in school, the mental and sexual harassment we subject them to, compels them to abandon their schooling life altogether. With our indifferent and discriminatory attitude, we essentially deprive them of one of the most fundamental rights; the right to education that has the power to change the world for the betterment of future generations.
The Government must also work with the concerned bodies to devise and implement sound and effective social and moral reforms to make the transgender community more inclusive of the wider society. The Council of Islamic Ideology Pakistan can have a crucial role to play in improving the transgender community’s image in light of Islamic beliefs, values, and injunctions. To curb discrimination and reformulate the transgender identity, the council of Islamic ideology is strongly urged to exercise Ijtihad and other forms of legal reasoning. Such measures would go a long way in enlightening the masses about the rights of the Transgender Persons. The verdicts of Islamic and religious scholars, Academia and other influential entities of Pakistan can create an enabling environment to encourage and facilitate the Transgender Persons to play their role in the society without any fear of gender, gender identity or intersex status. In this day and age of mass communication, media outlets can also significantly improve the image of the Transgender, Persons. They can highlight their plight and sensitize their issue to the viewers. They must stop stigmatizing the Transgender Persons as beggars and prostitutes, but instead, they must be a ladder for their progress.
The Print and Electronic Media must spare time to arrange talk shows on Transgender Persons issues and give them access to show biz to interact with the society on their very personal issues. It can gradually help in changing the mindset of the society. It is the society that becomes the driving force for implementing that change and transgender Persons really want that space in our society.
Therefore, to curb all forms of discrimination against the transgender community, and adequately protect their rights, the State must devise sound and effective policy reforms. We must collaboratively work with different institutions to oversee the implementation of any proposed reform, and undertake all measures within our capacity that would help in mainstreaming the Transgender Persons with the rest of us. We must fully enable all members of our society to work for the growth and progress of the country. As a society, we must realise the true potential of each member, and allow him to expand that potential. Such measures are imperative since a society cannot fully function if a certain class is wholly excluded. Protecting the transgender community is our moral as well as religious obligation, and we must not shy away from it.
