They feel a bit better now!

Social, legal recognition of transgender

LAHORE - As traffic lights go red and car drivers push brake-pedal on the New Campus Bridge, Komal runs towards them. She claps and dances as she moves around to receive alms.

Some people are generous to her but there are others, mostly young men, who would rather tease her. Then there are some ultra-religious uncles who would sneer at her.

She simply smiles and walks past.

The lights go green and motorists shoot off.

Komal counts the money inside her handbag before the light goes red again.

“Now police don’t come here to take away us. We move freely but we are still humiliated by some people. They pass insulting remarks. Sometime they try to harass our other members on roads but we don’t call police,” says Komal with smiling face.

Many members of the transgender community rejoice at their new freedom rights in Lahore after the Upper House approved a key legislation to empower the most depressed members of the society.

The new bill passed by the Senate early this month also bars people from treating a transgender person unfairly at educational institutions and healthcare facilities and in relation to employment, trade or occupation.

Komal believes the new law would help protect the members of her community from sexual assaults, police torture, and humiliation. But she thinks they would never be given their property shares.

“Our families disown us. So, why they will hand over properties to us? Many transgender persons don’t know about the whereabouts of their families because we were brought up by our Gurus,” Komal went on to say.

The spokesman for the Punjab government could not be reached.

Komal’s friend Saba Queen who also entertains motorists on this traffic signal agreed to speak to The Nation and requested not to be photographed. She said that they were frequently abused by police and people.

“Even if this new law is introduced who will provide us justice. Where can we go to lodge complaints?” she questioned. Queen also said that the government must take steps to provide education, health and housing facilities to the transgender persons. “We need employment. We shall feel protected when we shall be given jobs.”

The new legislation endorses imprisonment of up to six months for those employing members of the marginalised community as beggars or compelling them to beg.

Early this year, the city police had launched a crackdown against beggars. Dozens of transgender persons were also arrested and sent to the police lockups as part of the anti-encroachment drive.

A police officer said the transgender persons were removed from traffic signals since their “activities” hinder the smooth flow of vehicular traffic at busy crossings.

The officer, who requested his name not to be mentioned, also said that several citizens were robbed on roads by transgender persons. He said the police take action against transgender persons only when the victims file complaints. However, he said that no crackdown was launched specifically against these persons.

A police source claimed that many young boys disguised as shemale stroll on city roads with well-decorated faces. “We had arrested some persons. After initial interrogation, we came to know that they were boys actually,” the officer explained.

The police department also released a few pictures of the men who were impersonating themselves as transgender and caught during the anti-encroachment drive a couple of months ago.

The Criminal Law (Amendment) (Protection of Rights of Transgender Persons) Act 2017 criminalises a host of offences against the transgender persons and provides for awarding stringent punishments to the perpetrators.

The first chapter of the bill says a transgender person shall have the right to be recognised as per his or her self-perceived gender identity and get registered with that identity with all government departments, including the National Database and Registration Authority.

According to the salient features of the bill, depriving a transgender person from inheriting property shall be punished with 5-year to 10-year imprisonment or with a fine of Rs1 million or both. Unlawful eviction of a transgender person from any place shall be punishable with up six-month to two-year imprisonment or fine up to Rs100,000.

Rape of a transgender shall be punishable with death or imprisonment up to 25 years.

Similarly, kidnapping, abducting or inducing a transgender person to have illicit intercourse shall be punished with life imprisonment and fine. Assault of criminal force on a transgender person with the intent to outrage his/her modesty is punishable for a term which may extend to two years or fine or both.

Assault or use of criminal force to a transgender person and stripping the victim of his/her clothes is punishable with death or life imprisonment and fine. Selling or buying a transgender person for prostitution shall be punished with rigorous imprisonment extendable up to 25 years and fine.

The legislation also makes the denial of the right to admission to an educational institution punishable with up six-month to two-year imprisonment or fine extendable up to Rs300,000.

 

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