ٹرانس جینڈر ایکٹ 2018ء اور خنثیٰ کے حقوق کا تحقیقی جائزہ

THE TRANSGENDER ACT 2018 AND THE RIGHTS OF INTERSEX INDIVIDUALS (KHUNSA): A RESEARCH ANALYSIS

Abstract

In 2018, Pakistan enacted the Transgender Protection Act, a landmark legislation aimed at recognizing and protecting the rights of transgender individuals. This Act granted transgender persons the authority to self-identify their gender and legally change it, compelling all governmental bodies, including NADRA, to update their identification documents accordingly. The Act categorized transgender individuals into three groups: intersex persons (those with both male and female genetic traits or ambiguous gender at birth), individuals who undergo gender reassignment surgery, and those who identify differently from their birth-assigned gender. However, the Council of Islamic Ideology and the Federal Shariat Court opposed the Act, deeming it un-Islamic and contradictory to Quranic principles. In 2023, the Federal Shariat Court officially rejected the Transgender Protection Act of 2018. The Act's definitions of transgender, intersex, and related terms, along with its provisions for gender transition, sparked controversy and ambiguity concerning their compliance with Shariah law. This controversy highlighted the urgent need to clarify these matters in accordance with Islamic jurisprudence and to elucidate the relevant religious guidelines. In my article, I will address and clarify these issues, providing a detailed analysis of the Act's provisions and their implications in light of Islamic teachings, thereby offering a comprehensive understanding of this complex and sensitive topic. Additionally, the debate underscored broader social and cultural challenges in integrating modern legal frameworks with traditional religious beliefs, emphasizing the complexity of legislating human rights in a diverse society.