SOCIAL IMPLICATIONS OF TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2018

Abstract

The present study was aimed to explore the social implications of the transgender persons (protection of rights) Act 2018 in Pakistan. The data were collected from Senators, Members of the National Assembly, Social Activists, the Transgender Community, Religious scholars, and lawyers. A qualitative research design was used in this study. Eighth in-depth interviews and one Focus group discussion was conducted in the city of Islamabad. For this purpose, purposive sampling was utilized while collecting data. Gender order theory, and inter-sectionality theory were used to comprehend the research problem using theoretical propositions. Assumptions and concepts of Queer theory were also engaged. According to data from this study, this act has various social implications, from providing gender identity to transgender persons and ensuring health facilities to job and education quotas for the transgender community. Most importantly, this act gives the gender identity and ensures the fundamental rights of transgender persons. At the same time, this act creates a space of acceptance and social inclusion in society for transgender persons. However, religious and rightest groups and scholars are worried and have reservations about this act, its sections, and its social implications. This act is still controversial due to the reservations of religious groups, including the Council of Islamic ideology and the federal Sharia Court, about some sections of this act. They said this act would promote homosexuality or un-Islamic and unethical activities in society. This study highlights the social implications of this act, its loopholes, challenges, its inevitability, and its complexity for this country's law-making bodies and policymakers.