The Transgender Persons (Protection of Rights) Act, 2017, passed by the Senate of Pakistan, aims to protect and empower transgender individuals by recognizing their right to self-perceived gender identity. This landmark legislation allows transgender individuals to determine their own gender identity and prohibits discrimination and harassment against them…

The 2018 Act: Key Provisions

  • Enactment & Self‑ID: Passed by Parliament on 8 May 2018, it empowered individuals to self‑identify their gender (male, female, both, or neither) on official documents such as CNICs, passports, and licenses en.wikipedia.org+15translaw.clpr.org.in+15en.wikipedia.org+15.

  • Rights & Protections: Prohibited discrimination in education, employment, healthcare, voting, inheritance, public places, and access to shelters and jail accommodations pakistantoday.com.pk+7translaw.clpr.org.in+7tribune.com.pk+7.

  • Enforcement Gaps: Critics highlighted that the law lacked criminal penalties for harassment or discrimination, offering largely declarative rather than enforceable protections .

🕌 Federal Shariat Court’s 2023 Ruling

On 19 May 2023, the Federal Shariat Court (FSC) struck down key sections:

  • §2(f) “gender identity”, §3 (recognition/self-ID), and §7 (inheritance rights). Rationale: deemed incompatible with Islamic injunctions — only biological sex at birth is recognized for legal and religious purposes brecorder.com+15jurist.org+15reddit.com+15.

In essence, the FSC ruled that legal self‑determination of gender and inheritance rights based on that identity are invalid. Those sections ceased to have effect immediately feministeerium.ee+2pakistantoday.com.pk+2reddit.com+2.

🧩 Ongoing Legal & Legislative Activity

  • Appeals: Transgender rights organizations have appealed the FSC decision to the Supreme Court, committing to overturning the verdict .

  • Senate Committee (Feb 2023):

    • Proposed replacing “Transgender” with “Khunsa (Intersex)” in the Act, narrowing its scope to intersex individuals.

    • Advocated for district-level medical boards (e.g. plastic surgeon, endocrinologist, psychologist) to determine legal gender classifications reddit.com+13brecorder.com+13translaw.clpr.org.in+13.

  • Council of Islamic Ideology (2022): Called for expert panels to review the law and focus protections on intersex persons, citing Sharia compatibility issues voanews.com+8pakistantoday.com.pk+8reddit.com+8.

🌍 Broader Strategy & Public Response

  • UNDP Framework (2023): Launched a National Strategic Framework to promote political inclusion and protection for transgender persons, especially following the FSC setback undp.org.

  • Criticism & Concerns: Rights groups emphasize that invalidating self‑ID undermines enforcement and invites increased violence and marginalization tribune.com.pk.

📅 Current Legal Status (as of June 2025):

  1. The Transgender Persons (Protection of Rights) Act, 2018 largely remains in force, except sections 2(f), 3, and 7, which were struck down by the FSC in May 2023.

  2. Appeals are pending in the Supreme Court — no final resolution yet.

  3. Proposed amendments aim to narrow the scope to intersex individuals and institute medical-board gatekeeping.

  4. Implementation efforts continue via provincial directives and the UNDP-led political inclusion framework.

🧾 Key Provisions of the Transgender Persons (Protection of Rights) Act, 2018

1. Definition of Transgender Person (Section 2(n))

A transgender person includes anyone who:

  • Is intersex (with a mixture of male and female genital features),

  • Transitions from one gender to another,

  • Has a gender identity different from the gender assigned at birth, including people identifying as Khawaja Sira.

➡️ Significance: Recognized both intersex and transgender individuals, including self-identified gender identities.

2. Right to Self-Perceived Gender Identity (Section 3)

A person has the right to:

  • Be recognized as per their self-perceived gender identity.

  • Have their identity acknowledged on all official documents, including:

    • CNIC

    • Passport

    • Driving license

    • Education certificates

➡️ Significance: Legally allowed self-identification without medical or psychological certification.

3. Prohibition of Discrimination (Section 4)

Prohibited discrimination against transgender persons in:

  • Education

  • Employment

  • Healthcare

  • Transportation

  • Public spaces

  • Access to government or private services

➡️ Significance: Provided a broad umbrella of civil protections.

4. Right to Inheritance (Section 7)

Recognized transgender persons’ equal rights to inherit property, based on Islamic inheritance laws applied as per the person’s biological sex or perceived identity.

➡️ Significance: Controversial clause. This section was later struck down by the Federal Shariat Court.

5. Recognition Before Law and Protection in Custody (Sections 5–6)

  • Transgender persons shall be recognized as equal citizens.

  • Protection and respect must be given in police custody, jail, or care homes.

➡️ Significance: Attempted to curb police abuse and ensure dignity in detention or institutional care.

6. Right to Education and Employment (Sections 8–10)

  • Right to free education at all levels without discrimination.

  • Equal opportunity in public and private employment.

  • Protection against workplace harassment under relevant laws.

➡️ Significance: Targeted systemic exclusion in schools and jobs.

7. Healthcare Access (Section 11)

Ensured:

  • Access to medical and psychological services.

  • Government to provide separate hospital wards when needed.

  • Sensitization of healthcare staff on transgender needs.

➡️ Significance: Aimed to reduce discrimination in hospitals and improve mental health access.

8. Right to Hold Office & Vote (Sections 12–13)

  • Allowed to run for public office.

  • Guaranteed right to vote in accordance with self-identified gender.

➡️ Significance: Ensured political inclusion and legal recognition in electoral processes.

9. Protection Against Harassment and Abuse (Sections 14–15)

  • Prohibited harassment, violence, and abuse in public or private spaces.

  • Required government to set up protection centers and safe houses.

➡️ Significance: Sought to tackle the high rates of violence against transgender individuals.

10. Awareness & Inclusion Measures (Sections 16–18)

Mandated the government to:

  • Conduct public awareness campaigns.

  • Provide training for law enforcement and civil servants.

  • Support transgender entrepreneurship and skills development.

➡️ Significance: Addressed social stigma and promoted economic inclusion.

Summary Table

Provision Purpose
Section 2 Broad, inclusive definition of transgender persons
Section 3 Legal self-identification without medical proof
Section 4 Prohibition of discrimination
Section 7 Right to inherit property
Sections 5–6 Legal protection and custody rights
Sections 8–10 Access to education and employment
Section 11 Right to healthcare and separate wards
Sections 12–13 Right to vote and contest elections
Sections 14–15 Protection against abuse and harassment
Sections 16–18 Awareness, training, and economic support

Key Provisions:

  • Self-identification:

    The Act allows transgender individuals to determine their own gender identity. 

  • Protection against discrimination and harassment:

    It explicitly prohibits discrimination and harassment based on gender identity. 

  • Right to inheritance:

    Transgender individuals are granted the right to inherit property. 

  • Access to education, healthcare, and other social services:

    The Act mandates equal access to education, healthcare, and other social services for transgender people. 

  • Establishment of Gender Recognition Committees:

    The government is required to establish committees to oversee the implementation of the Act and address related issues. 

  • National Council for Transgender:

    The Act also provides for the establishment of a National Council for Transgender to advise the government on transgender issues. 

Background:
  • The bill was introduced as a private member’s bill by the Senate of Pakistan. 
  • It was passed by the Senate in 2017 and came into effect after its enactment in 2018. 
  • The Act built upon previous legal developments, including a 2011 Supreme Court ruling recognizing a “third gender” category. 
Impact and Significance:
  • The Act is a significant step towards recognizing and protecting the rights of transgender individuals in Pakistan. 
  • It aims to mainstream transgender people and ensure their equal participation in society. 
  • The law has been hailed as an ambitious move, especially given the historical ill-treatment of transgender people in the region. 
Challenges and Criticisms:
  • Despite the positive impact of the Act, transgender people in Pakistan continue to face challenges, including social stigma, discrimination, and violence. 
  • There have been criticisms regarding the implementation of the Act and concerns about its effectiveness in addressing the complex needs of the transgender community. 
  • Some religious groups have also voiced opposition to the law, citing religious and cultural objections.