Equality And Discrimination: A Comparative Analysis Of Transgender Rights In India And Pakistan

Prateek Singh, Dr. Shakuntala Misra National Rehabilitation University, Lucknow (Uttar Pradesh)

Introduction

“I am who I am, so take me as I am”

Transgender rights have been a contentious issue across the world, with many countries grappling with how to protect this marginalized community. India and Pakistan, both South Asian nations, have taken effective steps towards recognizing and protecting the rights of transgender individuals. In India, the landmark 2014 NALSA judgment by the Supreme Court recognized transgender people as a ‘third gender’ and upheld their right to self-identify. This judgment paved the way for the Transgender Persons (Protection of Rights) Act, 20192, which provides for the protection of transgender rights and prohibits discrimination against them.

In Pakistan, the transgender community received legal recognition for the first time in history after a landmark judgment by the Supreme Court in 2013. This led to the passage of the Transgender Persons (Protection of Rights) Act, 2018, which provides protection to the transgender community and prohibits discrimination against them. This act also allows transgender individuals to self-identify. The passing of this act was a significant milestone for the transgender community in Pakistan.

Both the nations have taken steps towards recognizing and protecting the rights of transgender individuals, although there is still a long way to go in terms of implementation and ensuring that these laws are enforced. Nonetheless, these acts represent a crucial first step in ensuring that transgender individuals are afforded the same basic rights and protections as other citizens. This paper seeks to explore the colonial roots of transgender law in the subcontinent and its impact on recent legal developments in both countries. Through a human rights perspective, it evaluates the efficacy of recent legislation in both the countries and offers recommendations for further legal reform to protect the rights and dignity of the transgender persons.