Discussing transgender rights

The Human Rights Commission of Pakistan (HRCP) has long been an advocate for the rights of transgender individuals. Most recently, it launched a campaign titled ‘Meri Pehchaan, Mera Ikhtiyar’ (My Identity, My Right), underscoring the right of transgender persons to self-identify.

On June 19, the HRCP organised two roundtable discussions in Islamabad and Karachi. Representing the commission, Khushal Khan and Saadia Bukhari outlined ongoing efforts to promote transgender rights. The HRCP also plans to release a video podcast featuring renowned transgender activist Nayab Ali, HRCP Council member Farhatullah Babar, and Dr Farzana Bari, founding director of the Gender Studies Centre at Quaid-i-Azam University.

This article focuses on the Islamabad roundtable, which examined the challenges facing transgender individuals in Pakistan – particularly in light of the Transgender Persons (Protection of Rights) Act, 2018 and the backlash it has faced from conservative and right-wing groups.

To fully grasp the significance of transgender identity, one must understand the broader social and linguistic context. Many people remain unaware of the distinctions among terms such as ‘intersex’, ‘eunuch’, ‘transvestite’ and ‘third gender’. Promoting respectful, accurate terminology is crucial to fostering an informed and empathetic discourse.

The 2018 Act includes several important provisions that demand greater public understanding and clarity. Equally important are the lived experiences of transgender individuals, voices that have largely been marginalised or ignored.

At the Islamabad roundtable, nearly all speakers highlighted the widespread discrimination transgender people face – within families, in communities, and throughout society. This exclusion is visible in homes, public spaces, social gatherings, and even religious settings, where transgender individuals are often unwelcome. The discrimination is both systematic, deeply ingrained and normalised over time, and systemic, embedded in legal and institutional structures that fail to ensure protection or equity.

This marginalisation is not accidental; it follows transgender individuals through every stage of life – from educational institutions and healthcare settings to employment opportunities – resulting in sustained social and economic hardship.

Speakers unanimously called for the expansion of civil and constitutional rights for transgender citizens. A binary understanding of gender is inadequate in an increasingly diverse society. Full legal and social recognition of all gender identities is essential. Excluding any group from the mainstream only deepens their vulnerability and paves the way for exploitation.

The Supreme Court’s landmark 2009 judgment granting legal recognition to transgender persons was a critical milestone. The 2018 Act built upon that foundation. However, laws alone cannot bring about real change. Societal attitudes must evolve to create a truly inclusive environment. Legislation lays the groundwork, but dignity and protection must be achieved through collective resolve.

Activists such as Nayab Ali and Reem Sharif spoke candidly about the serious challenges in implementing both the 2009 judgment and the 2018 Act. A lack of awareness among officials leads not only to inefficiency but also to a reluctance to enforce the law. Bureaucracies in Pakistan, as elsewhere, are often resistant to reform. The persistent stigma surrounding non-binary gender identities discourages even well-meaning officials from taking fair and timely action.

As a result, court rulings and legislative reforms frequently falter or progress too slowly to make a tangible impact. Institutions such as the Council of Islamic Ideology (CII) and the Federal Shariat Court (FSC) have not consistently supported progressive legislation. Speakers such as Jennifer and Usman expressed disappointment in these bodies’ failure – or refusal – to defend equal rights. A clear example is the FSC’s annulment of key provisions of the 2018 Act, and the CII’s opposition to laws aimed at preventing early and forced marriages.

Thus, the transgender community faces not only legal obstacles but also ideological opposition – often framed in religious or cultural terms. However, such views are increasingly misaligned with the realities of the 21st century. Encouragingly, both the judiciary and parliament have shown signs of becoming more responsive, while reactionary voices are gradually losing relevance in Pakistan’s evolving society.

Those resisting social and legal reform often do so under the guise of preserving tradition, yet they risk being remembered as opponents of progress. Their resistance has contributed to a surge in gender-based violence – not only against transgender persons but also against women and girls, as seen in the tragic cases of Noor Muqaddam, Qandeel Baloch and Sana Yousuf. When laws are not enforced, they become susceptible to distortion, particularly by patriarchal forces.

Without robust institutional support, meaningful change remains elusive. Civil society organisations (CSOs) like the HRCP, Aurat Foundation, Bedari, Dareecha and Poda have played a vital role in advocacy and awareness. Yet, growing restrictions and increased scrutiny have undermined their funding and operational capacity. A vibrant and independent civil society is essential for monitoring the implementation of laws. Continued suppression of CSOs would only push reform further out of reach.

One encouraging development is the rise of influential political voices championing gender equality – leaders such as Aseefa Bhutto Zardari, Hina Rabbani Khar, Maryam Nawaz and Sherry Rehman. Their advocacy reflects a growing political will, but this momentum must be sustained. Without long-term commitment, even the modest gains achieved so far risk being reversed.

SSP Shams Durrani of Islamabad Police shared steps being taken to ensure transgender persons do not face discrimination by law enforcement. A shift in police attitudes is crucial to reducing marginalization. Abdul Haseeb from NADRA briefed the audience on new policies designed to facilitate the issuance of national identity cards to transgender individuals. According to him, all bureaucratic hurdles have been removed, and a smooth process is now in place at NADRA. But some of the participants reiterated their demand that NADRA still needs to do a lot to clarify its stance and allocate focal persons at all their offices to facilitate transgender community.

Amina Sardar from the Election Commission of Pakistan (ECP) explained the commission’s efforts to secure transgender citizens’ rights to vote and contest elections. Farhatullah Babar also spoke about a petition filed in the Supreme Court, together with colleagues, challenging the FSC’s ruling against the 2018 Act. The Ministry of Human Rights and the Lahore High Court have likewise supported the Act, signaling a welcome shift in judicial and official attitudes.

It appears that though ECP, NADRA and the police all show their commitment to transgender issues, there is still a lot that needs to be done; just by improving the situation in Islamabad does not reflect adequate changes and improvement at ECP and NADRA offices and police stations across the country.

The HRCP now intends to issue an open letter to the government, highlighting urgent concerns facing the transgender community. Leaders such as Nayab Ali, Reem and Sheela Rani continue to spearhead the struggle for equality. Nayab Ali faced undue resistance when she decided to contest general elections but with support from all the right quarters she managed to run for a National Assembly seat. Though she lost, she paved the way for other transgender persons to try their entry into electoral politics.

The transgender community deserves dignity, equality and inclusion. Achieving these goals demands more than legislative reform; it requires a deep, collective commitment to ending marginalisation. The HRCP’s initiatives merit both recognition and public support. Forums like this roundtable serve as crucial platforms for transgender voices, human rights advocates and legal experts to collaborate on shaping a more inclusive and just future for Pakistan.

The writer holds a PhD from the University of Birmingham, UK. He tweets/posts @NaazirMahmood and can be reached at:mnazir1964@yahoo.co.uk