Human rights law is guided by the basic principle of equality, universality, and nondiscrimination. According to international human rights law, all human beings are equal and should be treated equally irrespective of their gender expression. The basic principle states that all human beings have the right to exercise and enjoy their basic human rights, and these rights included the right to life, liberty, and freedom of assembly, association, and expression. it is also the basic human right of anyone to have freedom from arbitrary detention, freedom from discrimination, ill-treatment, and torture and a person has a right to private and family life, right to access to justice when their civil, political, economic will is compromised.
According to this explanation of international law, irrespective of whether they express as male and female, the transgender also have all basic human rights. There are multiple definitions of the transgender person according to international standards; and not any single definition can define it. The Yogyakarta Principles statement about gender identity is that “Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech, and mannerisms.”
Before the British colonial period, transgenders were considered the most trusted and royal servants during the Mughal period. They exercised enormous power, had great respect in Mughal courts, and had a huge amount of wealth associated with them. They are considered one of the most trusted servants of the king and were appointed as custodians of the harem. Many of them were appointed as teachers for the royal family, advisors to the court of justice, and a few of them manage to rise to the rank of general in the army. But nowadays transgender people are one of the most marginalized populations all around the world, especially those living in South Asia.
This discrimination and annoying behavior started in 1872 when British colonial power introduce the notorious act called Criminal Tribes Act, which required control and registration of transgenders. This bill prohibited wearing female clothes, considered it offensive for men, if any were transgender, who used ornaments and dress like a woman, in public or participated in any public exhibition, considered it as a crime, and liable to imprisonment for two years. This law deprived transgenders form their fundamental rights of free living and earning.
This discrimination was the inheritance of colonial practices which included exclusion, criminalization, and marginalization of transgenders. Besides the incidence of abduction, beaten, rape, and killing of the transgender, Pakistan has shown good steps to uplift this marginalized segment of society but there is a long road to go, and after 147 years of the British criminal tribe act, the National Assembly passed one to historical act, known as “Protection of rights” bill. In this bill, rights for equality have finally been recognized by the Parliament of Pakistan and it has become the very few countries in the world, the first in Asia, to legally recognized the rights of gender identity. This act allows a ban on discrimination of any kind in any institution including workplaces as well as educational institutes. The transgender have the right to mention their gender in their identity card, passport, and in driving license.
In the past state has miserably neglected this community. It is the responsibility of the state to safeguard the rights of every citizen and to provide a better environment. There are many more steps required to eliminate injustice with transgenders. The government has taken good steps to fix the job quota for transgenders but to acquire these jobs, one should possess the required qualification, so there is a great need to revolutionize steps in order to facilitate the education of transgenders. It is not only necessary to fix a quota in all public and private sector schools, colleges, and universities but the state should take all necessary steps in order to provide free education with that quota. When a section of the population is severely affected for more than a century, many extraordinary steps, are the need of the hour in order to balance the societal structure. In almost every case, transgenders are badly rejected from their family and society is still incapable to accept them with heart and mind. The state is considered a mother to all citizens so it is the primary responsibility of the state to provide shelter in order to live, monthly stipends to study, and help them to achieve their careers and dreams.
Religious scholars should have to play a positive role in order to make all necessary arrangements for the participation of transgender in religious activities. Allah is the creator of all living beings, no one has no right to ask questions about His creations. There is nothing to take pride in being “Mard” or “Aurat”. If you are not a good human being, you are nothing but a useless creature on earth.
Moreover, Initiatives should be taken from primary to a higher level in order to educate people regarding gender equality. Even in the society today we are living in, when talking about gender equality, they only discuss equality and the rights of males and females. Where is transgender? There is a matter of urgency to change the curriculum from primary to higher studies. A new or modified chapter should be included about differences in genders and ethics. Medical universities should revise their curriculum and add essential knowledge about the ethics, diseases, treatment, and social well-being of transgenders. Pakistan medical and engineering council should modify their registration processes in order to register transgender as medical or engineering professionals. Civil and military forces should open the doors for those transgenders who can qualify according to the general standards irrespective of their gender and should be treated with the same dignity as other gender are being treated.
Transgender should be given equal opportunities in making laws. Initially, Parliament should pass a bill to amend election commission rules especially for transgenders by making the whole of Pakistan, one constituency because the population of transgenders is not confined in any single area, they are scattered all over Pakistan if they contest the election, they will never succeed and never be elected legislators. Moreover, all political parties should fix a special quota afor transgenders.
Religious scholars should have to play a positive role in order to make all necessary arrangements for the participation of transgender in religious activities. Allah is the creator of all living beings, no one has no right to ask questions about His creations. There is nothing to take pride in being “Mard” or “Aurat”. If you are not a good human being, you are nothing but a useless creature on earth.
The Government should take steps in order to create new laws and amendments where necessary, in order to make a smooth way for the marriages of transgenders. It is a crime to force anyone to behave, act and live against their gender. It is the time of urgency to implement new social order in which all genders must be treated equally.
