The Pakistan Transgender Persons (Protection of Rights) Act of 2018 and its Impact on the Law of Gender in Pakistan

Abstract

In May 2018, Pakistan’s Parliament approved the Transgender Persons (Protection of Rights) Act, 2018. The law was enacted following nine years of concerted judicial activity, public discussion, and activism by transgender people in Pakistan. This article surveys the major features of the 2018 Act, explaining where and how they realise significant changes to the official ‘law of gender’ in Pakistan, and also identifying where provisions of the Act create room for confusion or even worry. In the course of this analysis, some background will also be given on the discussions concerning transgender rights in Pakistan that preceded this landmark legislation, as well as the global discussions on transgender rights that are being shaped by developments in Pakistan. This article concludes by suggesting areas where the 2018 Act will have to be amended (or new legislation introduced altogether) to address key rights issues that remain outstanding in Pakistan.