Transgender Persons (Protection and Rights) Act, 2018 (Act No_ XIII of 2018)

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THE TRANSGENDER PERSONS (PROTECTION AND RIGHTS) 
ACT, 2018 
 
 
 
 
CONTENTS 
 
 
CHAPTER I 
 
PRELIMINARY 
 
1.  Short title, extent, and commencement 
 
2.  Definitions 
 
CHAPTER II 
 
RECOGNITION OF IDENTITY OF TRANSGENDER PERSON 
 
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 
8.  Right to education 
 

 
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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 
      [18th 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 correspond 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 pre ssure or intimidation intended to  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 
 
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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; 
 
(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 IDENTITY OF TRANSGENDER PERSON 
 
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 NADRA shall be allowed 
to change the name and gender according to his or her s elf-perceived identity on the CN IC, CR C  
 
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driving licence and passport in accordance with the provisions of the NADRA Ordinance, 2000 (VIII 
of 2000). 
CHAPTER III 
 
PROHIBITION OF CERTAIN ACTS 
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 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; 
 
(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 ste ps 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; 
 
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(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 
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 ambig uous characteristics, 
such as their state is difficult to determine upon birth, following shall 
apply:— 
 
(a) upon reaching the age of eight een 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 eight een 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 eight een years, if the person's self -perceived gender 
identity is n either transgender man nor tran sgender 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. 
 
 
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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. 
 
(3) The Government shall take steps to provide free and c ompulsory 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: 
 
 
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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. 
 
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 hea lth 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 fa cilities 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 tra nsgender per son 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. 
 
 
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(2) It shall be the duty of the G overnment 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. 
 
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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RGN Dated: 11-06-2026