Last Change:
04/24/2025
Transgender Persons (Protection of Rights) Act, 2018
Year: 2018
Type: Domestic law
Rights Category: Liberty & security of person, Documentation
Description
A Bill to provide for protection, relief and rehabilitation of rights of the transgender persons and their welfare and for matters connected therewith and incidental thereto.
Selected provisions
(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).
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 institutions 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; the denial or discontinuation of, or unfair treatment in, healthcare services;
(d) 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.
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.
(1) There shall be no discrimination against Transgender Persons in acquiring the rightful share of property as prescribed under the raw of inheritance.
(2) The share of Transgender persons shall be determined as per the gender declared on CNIC in accordance with the Iaw 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 18 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 18 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 18 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.
(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.