Asia
Transgender Pakistanis face uncertain future
Khyber province clerics ban trans people from dancing at weddings
The transgender community’s history on the Indian subcontinent spans thousands of years.
The community has historically thrived, but discriminatory colonial laws left it isolated and trans people faced violence in the subcontinent. Pakistan is no exception.
A group of 26 tribal clerics in Pakistan’s Khyber province on July 7 banned trans people from dancing and playing music during weddings. They ruled clergy would not perform wedding rituals at any marriages that included dance and music.
The clerics in their decree said they will not perform the last rites of an entire family if any one of them disobeys the decision.
The Washington Blade reached out to Prime Minister Shehbaz Sharif for comment, but his office did not respond.
“They have been doing it for a very long time. In 2015, there were so many cases when trans persons have been killed because of being artists because they were performing, and gender as well. The violence in Khyber province is apparently higher as compared to other provinces. But now other provinces are also replicating,” said Jannat Ali, a Pakistani trans activist and executive director of Track T, a trans rights organization. “Transphobia is increasing in other parts of Pakistan. The government is playing very smartly and being neutral as the current government is a right-wing conservative, and elections are about to come.”
The National Assembly in 2018 passed the Transgender Persons (Protection of Rights) Act, which allows for a trans person to be legally recognized. The law also prohibits any discrimination and harassment based on gender identity.
While talking with the Blade, Ali said Pakistan’s trans community faces a dilemma because it feels as though the British colonial era has returned. She said things were moving in a good direction after 2018, but an anti-trans campaign has begun.
“After Khyber, I think, Punjab (a province in Pakistan) will be the next target,” said Ali.
Violence and attacks on the trans community have increased in Pakistan in recent years.
Marvia Malik, the country’s first trans television anchor, in February was attacked outside her home in Lahore.
She gave a statement to the police and later received threatening calls and messages from unknown numbers. A group of people shot at Malik while she was returning home from a pharmacy at night. She survived.
The Council of Islamic Ideology, a constitutional body that advises the Pakistani government and Parliament on Islamic issues, last year said the Transgender Persons (Protection of Rights) Act 2018 is not in accordance with the Shariah law. The council further stated many of its provisions are not consistent with Islamic ideology, and warned against it.
“I believe that everyone deserves to be respected and treated equally, regardless of their gender identity. Unfortunately, some people feel the need to discriminate against others based on who they are. It’s important for society to stand up against discrimination and promote acceptance and understanding of diverse identities. Everyone has the right to live their life without fear of persecution or discrimination,” said Anusha Tahir Butt, chair of Transgender Empowerment Organization in Pakistan. “It’s possible that this ban could lead to increased violence or discrimination against transgender individuals not only in Khyber province but also in other parts of Pakistan. People need to speak out against this kind of discrimination and work together to create a more accepting and inclusive society. Governments and institutions need to take a stand against discrimination and protect the rights of all individuals, regardless of their gender identity. Education and awareness-raising can also play a role in promoting acceptance and understanding of diverse identities.”
Butt also said it’s unfortunate that discrimination against trans people continues to take place in Pakistan, despite the country’s nondiscrimination laws. While talking with the Blade, she suggested leaders and politicians need to speak out against such discrimination and work to create a more inclusive society. Butt also said silence on this issue can be seen as condoning discrimination and that is not acceptable.
“This is such an alarming situation for the transgender community because the transgender community is already facing threats in society. In recent times, there was objection over the Trans bill (the Transgender Persons (Protection of Rights) Act 2018) — a bill, which was giving fundamental rights to the community. Now, such a threat to the transgender community will only get worse, Khyber Pakhtunkhwa is the province where we receive news regarding violence in the community,” said Veengas Yasmeen, founder editor and a journalist of Rise News, a digital news organization in Pakistan.
“In the province, clerics are in the habit of issuing fatwas in 2021 and 2022 where they barred women from going to the market, women should be accompanied by a male companion,” added Yasmeen. “I believe that this is not limited to the Khyber Pakhtunkhwa against the trans community, but it may lead to other provinces. If conservatives bar transgender persons from joining events, then how can they survive because the government does not offer them sufficient jobs? Unfortunately, the Pakistan state is as silent as a grave over the issue, which is also strengthening mullahs. If someone is thinking that such a ban is only on the transgender community, they should not forget that conservatives, one day, will move toward you and issue the fatwa against you. I wonder, in the 21st century, some people are afraid of music and dance, both are a form of peace and love. If you are removing peace and love from your society, you are creating a society without souls.”
Pakistan’s religious court in May struck down key parts of the Transgender Persons (Protection of Rights) Act 2018. The court had said many of its provisions are against Islamic ideology.
“This is indeed sad and distressing on so many levels. The reversal of the Transgender Persons (Protection of Rights) Act of 2018 has exposed Pakistan’s transgender population, especially transgender women, to increased violence and discrimination,” said Rikki Nathanson, senior advisor for OutRight International’s Global Trans Program. “We recognize that cultures and societies have varying beliefs and practices. In this case, the ban imposed by the clerics reflects their interpretation of religious or cultural norms. It is distressing to learn about the growing violence experienced by transgender individuals in Pakistan, particularly after the recent repeal of the Transgender Persons (Protection of Rights) Act of 2018.”
“Our partners in Pakistan have informed us about the heightened vulnerability this community faces in other areas, as these attacks have transitioned from virtual to physical acts of violence, some even resulting in fatalities,” she added. “The severity of these threats has escalated to such an extent that several notable transgender activists have been forced to leave Pakistan and seek asylum elsewhere.”
Nathanson added this trend “is concerning and deserves attention.”
“These issues must be addressed to stop the cycle of marginalization that is affecting not only the mental health but overall well-being and safety of the transgender community of Pakistan,” she said.
Ankush Kumar is a freelance reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at mohitk@opiniondaily.news. He is on Twitter at @mohitkopinion.
Sri Lanka
Sri Lankan government withdraws support for LGBTQ tourism initiative
Prominent religious leaders criticized campaign
The Sri Lankan government has withdrawn its support for an initiative that encourages LGBTQ tourists to visit the country.
The Sri Lanka Tourism Development Authority last September partnered with Equal Ground, an LGBTQ rights group, on the initiative.
The Daily Mirror, a Sri Lankan newspaper, reported Sri Lanka Development Authority Chair Buddhika Hewawasam in a letter to Equal Ground Executive Director Rosanna Flamer-Caldera said his agency recognizes “the potential of this project to diversify our tourism markets and position Sri Lanka as a safe, inclusive, and welcoming destination for all travelers.”
Cardinal Malcolm Ranjith, the archbishop of Colombo, along other prominent Christian and Buddhist leaders criticized the initiative. Attorney General Parinda Ranasinghe on Feb. 10 indicated the Sri Lanka Tourism Development Authority had rescinded its support for the campaign.
Flamer-Caldera on April 10 acknowledged the criticism over the initiative but added “the fact that the letter has been rescinded doesn’t make any difference.”
“We’re still doing work with the tourism industry who have basically opened up to us and are willing participants in the project,” said Flamer-Caldera. “They realize the potential of the boost to our tourism industry as well as boosting our economy.”
Sections 365 and 365A of Sri Lanka’s colonial-era penal code criminalizes consensual same-sex sexual relations.
The U.N. Committee on the Elimination of Discrimination Against Women in 2022 ruled the criminalization law violated Flamer-Caldera’s rights. The Sri Lankan Supreme Court in 2023 said a bill that would decriminalize homosexuality is constitutional.
Transgender people in Sri Lanka since 2016 have been able to request a Gender Recognition Certificate that allows them to legally change their name and gender on ID cards. Flamer-Caldera noted to the Blade that LGBTQ rights opponents have challenged the Gender Recognition Certificate in the Supreme Court.
India
Amendments to India’s transgender rights law criticized
Lawmakers approved changes that narrow definition of trans person
India has enacted the Transgender Persons (Protection of Rights) Amendment Act, 2026, that will reshape the country’s legal approach to gender identity.
Both houses of parliament approved the legislation last month, and it received presidential approval on March 28.
The Transgender Persons (Protection of Rights) Amendment Act, 2026, narrows the definition of a trans person, removes the provision for self-perceived gender identity, and requires medical certification for legal recognition. These changes mark a shift from the framework established under a 2019 law.
The Transgender Persons (Protection of Rights) Amendment Act, 2026, replaces the earlier definition of a trans person — previously framed as someone whose gender does not align with the gender assigned at birth — with a set of specified categories. It further provides that the term does not include, and is deemed never to have included, people defined solely by their sexual orientation or by self-perceived gender identity.
The bill retains certain categories within its definition, including people with socio-cultural identities such as kinner, hijra, aravani, or jogta. It also includes people with variations in sex characteristics at birth, such as differences in primary sexual characteristics, external genitalia, chromosomes or hormones from the normative standards of male or female bodies.
The Transgender Persons (Protection of Rights) Amendment Act, 2026, removes certain categories from the definition, including a trans man or trans woman, irrespective of whether such a person has undergone sex reassignment surgery, hormone therapy, laser procedures, or other forms of medical intervention. It also excludes genderqueer people — a category that had been recognized under the earlier framework. The Transgender Persons (Protection of Rights) Amendment Act, 2026, however, includes eunuchs, as well as people compelled to assume a trans identity through mutilation, emasculation, castration, or other surgical, chemical or hormonal interventions.
The Transgender Persons (Protection of Rights) Amendment Act, 2026, also revises the process for legal recognition, requiring a trans person to apply to a district magistrate for a certificate of identity, which can now be issued only after the recommendation of a designated medical board. The law specifies that the board will be headed by a senior medical officer and may include other experts. It further provides that individuals issued such a certificate will be entitled to change their first name in official documents, including birth records and other government-issued identification.
The Transgender Persons (Protection of Rights) Amendment Act, 2026, also introduces stricter penalties for certain offences, including cases in which a person is forced to assume a trans identity through kidnapping, coercion or physical harm. Such offenses may attract imprisonment ranging from 10 years to life in prison, along with fines, depending on the severity and whether the victim is an adult or a child. The Transgender Persons (Protection of Rights) Amendment Act, 2026, further requires medical institutions to report gender-affirming surgeries to the district magistrate, and mandates that individuals obtain a revised certificate of identity following such procedures.
India’s 2011 Census recorded 487,803 trans persons, yet only 5.6 percent had applied for a trans identity card, according to the Washington Blade’s previous reporting. These identity cards, required to access government welfare programs, have remained difficult to obtain, with delays and administrative barriers limiting uptake.
The Transgender Persons (Protection of Rights) Amendment Act, 2026, revised the certification process, which introduces additional requirements for legal recognition. This change is against this backdrop of uneven access to identity documentation.
India’s Election Commission in 2009 directed states to modify voter registration forms to include an “other” category, allowing individuals who did not identify as male or female to register accordingly. The Supreme Court in National Legal Services Authority v. Union of India in 2014 recognized trans persons as a “third gender” and affirmed their right to self-identification.
Justice Kalavamkodath Sivasankara Radhakrishna Panicker said that “recognition of transgenders as a third gender is not a social or medical issue, but a human rights issue.” Parliament in 2019 approved the Transgender Persons (Protection of Rights) Bill, 2019.
An advisory committee the Supreme Court created that former Delhi High Court Justice Asha Menon has urged the government to withdraw the Transgender Persons (Protection of Rights) Amendment Act, 2026. The panel said the proposal to deny self-identification of gender is inconsistent with theNational Legal Services Authority v. Union of India ruling.
Menon on March 25 wrote to Social Justice Minister Virendra Kumar conveying the panel’s resolution. According to the Hindu newspaper, the committee described the amendment as a “great shock” and a “tremendous setback” to efforts to mainstream trans communities.
The Queer Hindu Alliance, an advocacy group that seeks to uphold the dignity of LGBTQ people within India’s cultural and constitutional framework, expressed concern over the Transgender Persons (Protection of Rights) Amendment Bill, 2026.
“We write not in the spirit of opposition, but in the spirit of samvad — dialogue — and with a sincere call for community consultation before this legislation proceeds further,” the group said in a statement. “The Supreme Court of India recognized the concerns of the transgender community in 2014. The National Legal Services Authority v. Union of India judgment affirmed that a person knows who they are. This bill seeks to reverse that. The Queer Hindu Alliance finds this troubling as a question of basic human dignity.”
The Queer Hindu Alliance added that India “is not a young civilization fumbling for answers on how to understand human identity.”
“This culture has contemplated the nature of the self more deeply, and for longer, than any legal system that has existed. This is not a foreign conversation imported from the West. It is a conversation Bharat (India) has always been capable of having, on its own terms,” the Queer Hindu Alliance said.
Harish Iyer, an LGBTQ rights activist who was among those who fought for marriage equality in the Supreme Court, told the Blade that the amendment is “not just a rollback, but a blatant, arrogant insult” to the Supreme Court.
“The NALSA judgment gave us the fundamental dignity of self-determination — the right to look in the mirror and say, ‘This is who I am.’ This amendment drags us right back into the dark ages, handing over our bodily autonomy to a bunch of sarkari babus (government officers) and medical boards,” said Iyer. “But here is the most absurd part: you simply cannot define if someone is trans through any physical test. How exactly are you going to diagnose a human mind? Are they only going to regard those who have had gender affirmation surgery as trans? Because that is fundamentally not the definition of being transgender; transition is a choice and a privilege, not a prerequisite for identity. Or are they going to look at someone born with ambiguous genitalia and label them trans? Because that is intersex, which is a completely different reality.”
“Forcing a trans person to undergo degrading physical scrutiny based on the government’s spectacular ignorance of basic gender science isn’t a legal process; it’s state-sponsored trauma,” he added. “We fought too hard for our dignity to let a bureaucratic tribunal demand that we strip down to prove our humanity.”
Iyer said the Transgender Persons (Protection of Rights) Amendment Act, 2026, goes beyond protection and instead imposes control.
“You don’t ‘protect’ a community by criminalizing the chosen families and allies who offer safe haven to trans youth fleeing abusive homes,” he said, referring to provisions in the law. “This bill is about regulation, policing and control. By gatekeeping who gets to be trans and punishing those who support us, the government isn’t acting as a guardian — it’s acting as a warden. It is a calculated attack on our existence.”
Iyer said the revised definition could exclude individuals who do not fall within the listed categories.
“It effectively writes them out of existence,” he said.
Iyer added the Transgender Persons (Protection of Rights) Amendment Act, 2026, could create an administrative “black hole” for gender-fluid individuals and nonbinary people who do not fit into the government’s rigid categories.
“If you are legally invisible, you don’t get access to gender-affirming healthcare, you don’t get legal protection, and you are entirely cut off from participating in society,” said Iyer. “They are trying to legislate us into non-existence because they are too lazy to understand us.”
Japan
Japanese Supreme Court to consider marriage equality
Japan only G7 country that does not legally recognize same-sex couples
The Japanese Supreme Court on Wednesday said it will consider six marriage equality lawsuits.
NHK, the country’s public broadcaster, noted all 15 of the court’s justices will consider the case.
Japan is the only G7 country that does not legally recognize same-sex couples, despite several court rulings in recent years that found the denial of marriage benefits to gays and lesbians unconstitutional.
Tokyo High Court Judge Ayumi Higashi last November upheld Japan’s legal definition of a family as a man and a woman and their children.
Prime Minister Sanae Takaichi, who became the country’s first female head of government last October, opposes marriage rights for same-sex couples. She has also reiterated the constitution’s assertion that the family is an institution based around “the equal rights of husband and wife.”
Same-sex couples can legally marry in Taiwan, Nepal, and Thailand.
NHK reported the Supreme Court is expected to issue its ruling in early 2027.
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