In a nation that still forbids equal marriage, Tokyo’s metropolitan administration on Tuesday started distributing partnership certificates to same-sex couples who reside and work in the capital.
The status allows LGBTQ partners to be considered as married couples for some public services in areas including housing, health, and welfare, even though it does not confer the same rights as a marriage.
According to Tokyo governor Yuriko Koike, 137 couples have submitted applications for certificates as of last Friday.
According to a survey conducted in 2021 by the public broadcaster NHK, 57 percent of the people supported gay marriage, while 37 percent opposed it.
Japan has made progress in recent years in accepting sexual diversity.
Today, more businesses are showing their support and homosexual characters are featured in television programmes.
Any marginalised community in a country goes through struggles and challenges of its own. From their right to live to their right to freedom, their existence revolves around many obstacles. Pakistan is no different. The transgender community in Pakistan is a marginalised community that on a daily basis is ridiculed, harassed, abused, and given life threats. And this has been a pattern for many years. The recent propaganda about the Transgender Persons (Protection of Rights), Act (2018) is extremely dangerous and life-threatening.
The Transgender Persons (Protection of Rights) Act of 2018 has come under intense criticism from some sections of society during the past few weeks with two petitions also having been filed in the Federal Shariah Court against the Act. The act was enacted in the year 2018 to guarantee transgenders’ equal rights to education, basic health facilities, issuance of CNICs and passports, and giving them a right to vote and contest elections. The Supreme Court’s decision on September 25, 2012, that said that eunuchs were entitled to all of the rights protected by the Constitution and enjoyed by other members of society led to the passing of the 2018 Act. However, now a few religious parties are seeking amendments to the act. The major amendment that is being considered is that a trans person should be allowed to change their gender identity after evaluation from the medical board instead of their self-perceived identity.
A lot of misinformation is being propagated about the Act, including accusations: “The bill is merely a disguise for the LGBT community,” while others are saying that it is creating a pathway for same-sex marriages. There is a common misconception going on that as per the act, any person can change their ID card from M to F and F to M based on their own perception. However, that is simply not the case. The rules that were notified under this act clearly say that if you are a transgender man or a woman, you can change your identification card on the basis of your self-perception but only to X, not to Male or Female.
A person having an X card cannot marry a person with an ID card with a male or female gender mentioned on it.
Pakistan Tehreek-e-Insaf (PTI) Senator Mohsin Aziz on Monday said that the Transgender Persons (Protection of Rights) Act of 2018 is “disgusting”.
“Why do we have to protect the rights of transgenders? How can we accept the rights of gays and lesbians?” he asked in the Senate.
Siraj-ul- Haq, the Ameer of Jamaat-e-Islami (JI), has said that all religious groups will demonstrate at Lahore’s Shuhada Mosque if the government does not withdraw the Transgender Rights Act seriously. He further said that the Act is more dangerous than the atomic bomb dropped by the United States on Japan in 1945.
The question remains: why are the rights of a marginalised community such a threat? Why can some sects of society not let them live? Did anyone actually read what the Transgender Persons (Protection of Rights) Act of 2018 stands for? More than 20 transgender people have lost their lives. We hope the people threatening the transgender community understands that they have a right to live and the right to dignity. Let the transgender community live: they’re already marginalised in Pakistan.
The Transgender Persons (Protection of Rights) Act of2018 has come under intense criticism from some sections of society during the past few weeks with two petitions also having been filed in the Federal Shariah Court against the Act.
The act was enacted in the year 2018 to guarantee transgenders equal rights to Education, basic health facilities , issuance of CNICs and passport and giving them a right to vote and contest elections.
The Supreme Court’s decision on September 25, 2012, that said that eunuchs were entitled to all of the rights protected by the Constitution and enjoyed by other members of society led to passing of the 2018 Act.
However, now a few religious parties are seeking amendments in the act. The major amendment that is being considered is that a trans person should be allowed to change their gender identity after evaluation from the medical board instead of their self-perceived identity.
Criticism:
A lot of misinformation is being propagated about the Act, including accusations that “The bill is merely a disguise for the LGBT community”, while others are saying that it is creating a pathway for same sex marriages.
Transgender Protection Bill has been passed by National Assembly. Alas! We have not been able to do anything against it. Can’t we even raise our voice? What has happened to the Muslims of Pakistan. I raise my voice against it because it allows SAME SEX MARRIAGE.
Former Additional Advocate General Punjab/Advocate Supreme Court Chaudhry Faisal Husain while talking to The Current said that transgenders have been given protection in this act. Calling the debate ‘needless’ Hussain added that every law has minor issues.
He further said that if people are trying to identify themselves as something in particular then NADRA should take precautionary measures.
Does the act allow same sex marriage?
There is a common misconception going on that as per the act, any person can change their ID card from M to F and F to M based on their own perception. However, that is simply not the case, The rules that were notified under this act clearly say that if you are a transgender man or a woman you can change your identification card on the basis of your self-perception but only to X, not to Male or Female.
A person having an X card can not marry a person with an ID card with a male or female gender mentioned on it.
This provision rules out the possibility of same-sex marriage under the transgender act 2018
Lawyer Reema Omar has also shared some ‘”facts and context”, regarding the social media campaign against the Transgender Persons (Protection of Rights) Act, 2018.
The social media campaign against the Transgender Persons (Protection of Rights) Act, 2018, is malicious, opportunistic and entirely baseless
Barrister Muhammad Ahmad Pansota, Supreme Court while talking to The Current said, “The bill is criticized by certain religious parties based on some misconceptions that this law would open doors for homosexuality, which is against Islamic injunctions. Complaints of these religious groups are from a perspective that there is possibility of it being misused in terms of same sex marriages. However, nothing in the bill allows room for same sex marriage. It is only strengthening the rights of the transgenders by providing them protection, relief and rehabilitation of the rights of transgenders persons.”
“It is not true as the bill is only for transgenders and doesn’t provide/mention that any person can come up and say that he/she wants to change his/her gender/sexual orientation, only a transgender can do it,” he added.
Even otherwise, same sex marriages are against Islamic principles and cannot be allowed in Pakistan as the same is unconstitutional and un- Islamic, thus will not be allowed in any manner whatsoever.
“No where in the bill has it been stated that same sex marriages are permitted.”
This bill only promotes what has only been guaranteed to the citizens of Pakistan in the Islamic Constitution of Pakistan. There shall be no discrimination against the transgenders. They will be given right to inheritance, the right to education, the right to health, and the right to employment for transgender persons, hence, guaranteeing all constitutional rights. This law only upholds basic human rights.
Talking about the formation of medical boards, Pansota said, “Opinion of medical board can be taken into account. Sensitive history of transgenders may be required to understand the individualized changes and characteristics in the context of hormone administration and surgical intervention. It is important to discuss procedures with the patient beforehand, including the order in which steps will occur and to provide/allow time for the patient to express any concerns prior to beginning the exam.”
Talking exclusively to The Current, Dr Mehrub Moiz Awan called the criticism “unjustified”, adding that it is a part of global far right conspiracy
The Indian company Dabur, which makes beauty creams, withdrew an advertisement about a lesbian couple celebrating Karwa Chauth after online trolling and Madhya Pradesh Home Minister Narottam Mishra’s threat, reportsNDTV.
In its statement, the company said: “Fem’s Karwa Chauth campaign has been withdrawn from social media handles and we unconditionally apologise for unintentionally hurting people’s sentiments.”
Fem’s Karwachauth campaign has been withdrawn from all social media handles and we unconditionally apologise for unintentionally hurting people’s sentiments. pic.twitter.com/hDEfbvkm45
Mishra slammed the ad and said, “In future, they will show two men taking ‘feras’ (marrying each other according to Hindu rituals).” According to him, the police had ordered the company to withdraw the ad.
“And if it fails to do so, take legal steps after examining the advertisement,” the minister added.
While there was praise for the ad as well, some objected to the ad for promoting fairness. One person wrote: “Why doesn’t Dabur or whoever comes up with similar ads for Xmas or Eid or any other festival? Why target Hindu festivals?”
Actress Pooja Bhatt, while reacting to the ad tweeted: “Pity a giant like Dabur refused to stand behind their AD. While I don’t endorse a fairness cream in principle I reserved my comment as they attempted to celebrate Inclusivity and Pride. So why hide now?”
बस यही करते रहो.. slam,bam,ban! So much for being the ‘Mother’ of democracy! Pity a giant like #Dabur refused to stand behind their AD. While I don’t endorse a fairness cream in principal I reserved my comment as they attempted to celebrate Inclusivity & #PRIDE So why hide now? https://t.co/avzq1XafgW
