Will transgender persons in Pakistan be treated as equals after the passing of the Transgender Persons Act 2017? There is no simple answer to this. It will be a long journey, which will have to be supported by key state institutions. The Supreme Court has formed a special committee to look into issues pertaining to the transgender community, such as the issuance of CNICs and ensuring voting rights. The SC has also promised special courts for transgender issues as well as the criminalisation of the use of derogatory language against them. What appears like a small issue to many is really a reflection of the larger social malaise around the treatment of transgender persons. The Pakistani state structure continues to reflect the culture of criminalisation of transgender persons that became part of state practice during the colonial period. This is witnessed in the everyday police harassment of transgender persons, incidents of hospitals refusing to treat them and the denial of other social services provided by the state.
This is in addition to the everyday social harassment that they face and various forms of sexual harassment and assault. Transgender activists have continued to talk about the need to be accepted as normal members of society. But the victories for transgender people have been few and far away. There are not many workplaces that employ transgender persons. Even when it comes to offering them work, it comes with patronising ideas over how they should act when in office. The SC case is taking up a small but important part of the challenges faced by transgender persons in Pakistan. CNICs are the bare minimum of the bundle of rights any citizen must be provided – and it is an indication of how far we have yet to go when it comes to accepting transgender persons as ordinary members of society. The CJ is right when he noted in court that ‘transgender persons will not be considered equal without legal protections.’ The task of the court is to ensure that the directives are followed in the numerous cases in courts involving transgender persons. If the courts of Pakistan can become a sanctuary for transgender persons, progress on accepting them as social equals can be swifter than expected. In this context, transgender persons will await the creation of the promised special courts that the CJ has proposed. This would be a significant step towards treating them as equal participants in society.