Happily for the transgender community in this country, things have gradually been getting better during the recent years. In 2009, the Supreme Court took the first important step in that direction, ordering the issuance of computerized national identity cards (CNICs) and passports to transgender persons registered as the ‘third sex’, and also that they be listed in that category for the national census report. That helped them access essential facilities, and also have a better sense of identity - not so satisfactory, though. The court also called for granting these people the right to inherit property and own assets, which could not be done due to lack of the necessary legal cover.

The Senate has now passed a landmark ‘Transgender Persons (Protection of Rights) Bill’ containing several progressive provisions such as transgender persons’ right to hold public office; formulation of special vocational training programmes to facilitate and promote livelihoods for the community; and encouraging such persons to start small businesses through incentives like easy loans and grants. And the knotty issue of gender identity is resolved by recognizing it as a matter of self-perception. Those already registered with Nadra as the ‘third sex’ would be able to change their names or gender accordingly in their CNIC cards, driving licences and passports. As regards the crucial question of property inheritance, the bill says there shall be no discrimination against transgender persons in acquiring their rightful share of property as prescribed under the law of inheritance, which is related to gender identity. Given the sensitive nature of the issue, the concerned Senate committee during its deliberations on the proposed law had sought advice from the Council of Islamic Ideology (CII). The consensus response it received on the subject of gender identity, particularly as it applied to inheritance, was as clear and progressive. Said the CII, in cases where this issue emerges and clear evidence of gender is required, a court may prescribe a medical board to determine the sex category of the individual concerned; otherwise, such a check-up won’t be necessary. Apparently, this advice is incorporated in the bill. It is the only fair way to deal with situations where property disputes arise.

The existing prejudices, of course, will not disappear overnight. But legal bar on discrimination in any form will surely help change attitudes. The recognition that gender identity depends on an individual’s perception of self should put an end to unsavoury controversies. When the bill finally becomes law, giving transgender persons their due rights as equal citizens, it would be a proud achievement for this society.