Act XIII of 2018 · 9 pages
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THE TRANSGENDER PERSONS (PROTECTION AND RIGHTS)
ACT, 2018
CONTENTS
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CHAPTER I
PRELIMINARY
1. Short title, extent, and commencement.
2. Definitions.
CHAPTER II
RECOGNITION OF IDENTY OF TRANSGENER PERSONS
3. Recognition of identity of transgender person.
CHAPTER III
PROHIBITION OF CERTAIN ACTS
4. Prohibition against discrimination.
5. Prohibition against harassment.
CHAPTER IV
OBLIGATIONS BY THE GOVERNMENT
6. Obligations of the Government.
CHAPTER V
PROTECTION OF RIGHTS OF TRANSGENDER PERSONS
7. Right to inherit.
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8. Right to education.
9. Right to employment.
10. Right to vote.
11. Right to hold public office.
12. Right to health.
13. Right to assembly.
14. Right of access to public places.
15. Right to property.
16. Guarantee of fundamental rights.
17. Offences and penalties.
CHAPTER VI
ENFORCEMENT MECHANISM
18. Enforcement mechanism.
CHAPTER VII
MISCELLANEOUS
19. Act having over-riding effect to any other law.
20. Power of Government to make rules.
21. Power to remove difficulties.
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THE TRANSGENDER PERSONS (PROTECTION AND RIGHTS) ACT, 2018
Act No. XIII of 2018
[22nd May, 2018]
An Act to provide for protection, relief and rehabilitation of rights of the transgender persons
and their welfare and for matters connected therewith and incidental thereto
WHEREAS it is expedient to provide for protection, relief and rehabilitation of rights of the
transgender persons and their welfare and for matters connected therewith and incidental thereto;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
l. Short title, extent and commencement.⸻ (1) This Act may be called the Transgender
Persons (Protection of Rights) Act, 2018.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions. — (1) In this Act, unless there is anything. repugnant in the subject or context,
(a) “Act” means the Transgender Persons (Protection of Rights) Act, 2018;
(b) “CNIC” means Computerized National Identity Card.
(c) “complainant” means a transgender person who has made a complaint: on being
aggrieved by an act of harassment;
(d) “CRC” means Child Registration Certificate or B-Form;
(e) “gender expression” refers to a person's presentation of his gender identity and
the one that is perceived by others;
(f) “gender identity” means a person's innermost and individual sense of self as
male, female or a blend of both or neither that can correspord or not to the sex
assigned at birth;
(g) “Government” means the Federal Government;
(h) “harassment” includes sexual, physical, mental and psychological harassment
which means any aggressive pressure or intimidation intended of coerce,
unwelcome sexual advance, request for sexual favors or other verbal or written
communication or physical conduct of a sexual nature or sexually demeaning
attitudes. Causing interference with living, mobility or work performance or
creating an intimidating, hostile or offensive work or living environment
including the attempt to punish the complainant for refusal to comply with such
requests or to bring forth the complaint;
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(i) “NADRA” means the National Database and Registration Authority;
(j) “notification” means a notification published in the official Gazette;
(k) “PMDC” means The ·Pakistan Medical and Dental Council constituted under
the PMDC Ordinance, 1962(XXXII of 1962);
(l) “prescribed” means prescribed by rules made by the Government under this Act;
(m) “rules” means the rules made under this Act; and
(n) “transgender person” is a person who is—
(i) intersex (khusra) with mixture of male and female genital features or
congenital ambiguities; or
(ii) eunuch assigned male at birth, but undergoes genital excision or
castration; or
(iii) a transgender man, transgender woman, KhawajaSira or any person
whose gender identity or gender expression differs from the social
norms and cultural expectations based on the sex they were assigned at
the-time of their birth.
(2) A word or expression not defined in the Act shall have the same meaning as assigned to it
in the Code of Criminal Procedure, 1898 (Act V of 1898) or The Pakistan Penal Code, 1860 (Act XLV
of 1860).
CHAPTER II
RECOGNITION OF IDENTY OF TRANSGENER PERSONS
3. Recognition of identity of transgender person.⸻ (1) A transgender person shall have a
right to be recognized as per his or her self-perceived gender identity, as such, in accordance with the
provisions of this Act.
(2) A person recognized as transgender under sub-section (I) shall have a right to get himself
or herself registered as per self-perceived gender identity with all government departments including,
but not limited to, NADRA.
(3) Every transgender person, being the citizen of Pakistan, who has attained the age of eighteen
years shall have the right to get himself or herself registered according to self-perceived gender identity
with NADRA on the CNIC, CRC, driving licence and passport in accordance with the provisions of
the NADRA Ordinance, 2000 (Vlll of 2000) or any other relevant laws.
(4) A transgender person to whom CNIC has already been issued by NADR A shall be allowed
to change the name and gender according to his or her self-perceived identity on the CNIC, CRC
driving licenee and passport in accordance with the provisions of the NADRA Ordinance, 2000 (V II
of 2000).
CHAPTER III
PROHIBITION OF CERTAIN ACTS
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4. Prohibition against discrimination.⸻No person shall discriminate against a transgender
person on any of the following grounds, namely: ⸻
(a) the denial or discontinuation of, or unfair treatment in, educational institution s
and services thereof;
(b) the unfair treatment in, or in relation to, employment, trade or occupation ;
(c) the denial of, or termination from, employment or occupation;
(d) the denial or discontinuation of, or unfair treatment in, healthcare services;
(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or
provision or enjoyment of use of any goods, accommodation, service, facility,
benefit, privilege or opportunity dedicated to the use of general public or
customarily available to the public;
(f) the denial or discontinuation of, or unfair treatment with regard to, right to
movement, safe travel and use of public facilities of transportation;
(g) the denial or discontinuation of, or unfair treatment with regard to, the right to
reside, sale, purchase, rent or otherwise occupy or inherit any movable and
immovable property;
(h) the denial or discontinuation of, or unfair treatment in, the opportunity to stand
for or hold public or private office; or
(i) the denial of access to, removal from, or unfair treatment in, government or
private establishment, organizations, institutions, departments, centers in whose
care, custody or employment a transgender person may be.
5. Prohibition against harassment. ⸻ Harassment of transgender persons, as defined in this
Act, both within and outside the home, based on their sex, gender identity and gender expression is
prohibited.
CHAPTER IV
OBLIGATIONS BY THE GOVERNMENT
6. Obligations of the Government.⸻The Government shall take following steps to secure
full and effective participation of transgender persons and their inclusion in society, namely: ⸻
(a) establish protection centers and safe houses to ensure the rescue, protection and
rehabilitation of transgender persons in addition to providing medical facilities,
psychological care, counseling and adult education to the transgender persons;
(b) establish separate prisons, jails, confinement cells, etc for the transgender
persons involved in any kind of offence or offences;
(c) institute mechanisms for the periodic sensitization and awareness of the public
servants, in particular, but not limited to, law enforcement agencies and medical
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institutions, relating to the issues involving the transgender persons and the
requirement of protection and relief of such persons;
(d) formulate special vocational training programmers to facilitate, promote and
support livelihood for transgender persons;
(e) encourage transgender persons to start small business by providing incentives,
easy loan schemes and grants; and
(f) take any other necessary measures to accomplish the objective of this Act.
CHAPTER V
PROTECTION OF RIGHTS OF TRANSGENDER PERSONS
7. Right to inherit. ⸻ (I) There shall be no discrimination against transgender persons in
acquiring the rightful share of property as prescribed under the law of inheritance.
(2) The share of transgender persons shall be determined as per the gender declared on CNIC
in accordance with the law of inheritance in Pakistan.
(3) The share of inheritance for transgender persons will be as follows:—
(i) for transgender male, the share of inheritance will be that of man;
(ii) for transgender female, the share of inheritance will be that of woman;
(iii) for person who has both male and female or ambiguous characteristics,
such as their state is difficult to determine upon birth, following shall
apply:—
(a) upon reaching the age of eighteen years, if the person's self-perceived gender
identity is transgender male the share of inheritance will be that of man;
(b) upon reaching the age of eighteen years, if the person's self-perceived gender
identity is transgender female, the share of inheritance will be that of woman;
(c) upon reaching the age of eighteen years, if the person's self-perceived gender
identity is neither transgender man nor transgender woman, the share of
inheritance will be an average of two separate distributions for a man and a
woman; and
(d) below the age of eighteen years, the gender as determined by medical officer on
the basis of predominant male or female features.
8. Right to education.⸻ (1) There shall be no discrimination against transgender persons in
acquiring admission in any educational institutions, public or private, subject to fulfillment of the
prescribed requirements.
(2) All educational institutions shall provide education and opportunities for sports, recreation
and leisure activities without any discrimination and on an equal basis with others.
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(3) The Government shall take steps to provide free and compulsory education to transgender
persons as guaranteed under Article 25A of the Constitution of the Islamic Republic of Pakistan.
(4) It is unlawful for an institution, whether private or public, to discriminate against a person
on the ground of person's sex, gender identity and gender expression, including but not limited to,-
(a) in determining who should be offered admission; or
(b) in the terms or conditions on which admission is offered; or
(c) by denying the person's access, or limiting the person's access, to opportunities,
training or to any other positive externalities associated with the education; or
(d) by denying access to appropriate student facilities based on a person's sex,
gender identity and expression.
9. Right to employment.⸻ (1) The Government must ensure the right to enter into any lawful
profession or occupation and to conduct any lawful trade or business for the transgender persons as
guaranteed under Article 18 of the Constitution of the Islamic Republic of Pakistan.
(2) No establishment, institution, department, organization, shall discriminate against any
transgender person in any matter relating to employment including, but not limited to, recruitment,
promotion, appointment, transfer and other related issues.
(3) It shall be unlawful for an employer to discriminate against an employee on the ground of
his sex, gender identity or gender expression,—
(a) in determining who should be offered employment; or
(b) in the terms or conditions on which employment is offered; or
(c) by denying the employee access, or limiting the employee's access, to
opportunities for promotion, transfer or training or to any other benefits
associated with employment; or
(d) by dismissing the employee; or
(e) by subjecting the employee to any other detriment.
10. Right to vote.⸻No transgender person shall be deprived of his right to cast a vote during
national, provincial and local government elections:
Provided that the access to polling stations shall be determined according to the gender declared
on the CNIC of a transgender person.
11. Right to hold public office.⸻ (1) There shall be no discrimination on the basis of sex,
gender identity and gender expression for transgender persons if they wish to contest election to hold
public office.
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12. Right to health.⸻The Government shall take the following measures to ensure on-
discrimination in relation to transgender persons, namely:—
(a) to review medical curriculum and improve research for doctors and nursing staff
to address specific health issues of transgender persons in cooperation with
PMDC;
(b) to facilitate access by providing an enabling and safe environment for
transgender persons in hospitals and other healthcare institutions and centers;
(c) to ensure transgender persons access to all necessary medical and psychological
gender corrective treatment.
13. Right to assembly.⸻ (I) The Government must ensure the freedom of assembly for
transgender persons in accordance with Article 16 of the Constitution of the Islamic Republic of
Pakistan.
(2) The Government must take steps to ensure appropriate safety measures for transgender
persons.
(3) No discrimination shall be made on the basis of person's sex, gender identity and gender
expression subject to reasonable restrictions imposed by law in the interest of public order.
I4. Right of access to public places.⸻ (1) No transgender person shall be denied access to
public places, places of entertainment or places intended for religious purpose solely on the basis of
his sex, gender identity or gender expression.
(2) The Government must ensure transgender persons' access to public places in view of Article
26 of the Constitution of the Islamic Republic of Pakistan.
(3) It shall be unlawful to prevent transgender persons to access facilities available for access
of general public and public places mentioned in sub-section (l).
15. Right to property.⸻ (1) No transgender person shall be denied right to purchase, sell, rent
or lease property, household or tenancy on the basis of sex, gender identity or gender expression.
(2) It shall be unlawful to discriminate any transgender person with regards to renting,
subletting or tenancy on the basis of his sex, gender identity or gender expression.
16. Guarantee of fundamental rights. ⸻ (1) In addition to rights mentioned in this Chapter,
fundamental rights mentioned in Part II of Chapter I of the Constitution of the Islamic Republic of
Pakistan shall be available unequivocally for every transgender person.
(2) It shall be the duty of the Government to ensure that the fundamental rights mentioned in
sub-section (1) are protected and there shall be no discrimination for any person on the basis of sex,
gender identity or gender expression.
17. Offences and penalties. ⸻ (1) Whoever employs, compels or uses any transgender person
for begging shall be punishable with imprisonment which may extend to six months or with fine which
may extend to fifty thousand rupees or with both.
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CHAPTER VI
ENFORCEMENT MECHANISM
18. Enforcement mechanism.—In addition to the remedies available under the Constitution
or The Pakistan Penal Code 1860 (Act XLV of 1860), the Code of Criminal Procedure, 1898 (Act V
of 1898) or the Code of Civil Procedure 1908 (Act V of 1908), the aggrieved transgender person shall
have a right to move a complaint to the Federal Ombudsman, National Commission for Status of
Women and National Commission of Human Rights (NCHR) if any of the rights guaranteed herein
are denied to him or her.
CHAPTER VII
MISCELLANEOUS
19. Act having over-riding effect to any other law.—The provisions of this Act shall have
an over-riding effect on any other law for the time being in force.
20. Power of Government to make rules.—The Government may, by notification, make
rules for carrying out the purposes of this Act.
21. Power to remove difficulties.— If any difficulty arises in giving effect to the provisions
of this Act, the Government may make such order or give such directions, by order published in the
official Gazette, or make such provisions, not inconsistent with the provisions of this Act as appear to
it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of the period of two years from the
date of commencement of this Act
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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