Manuscript Title:

CONSTITUTIONAL PARAMETERS OF RIGHT TO SUBSTANTIAL EQUALITY TOWARDS TRANSGENDER COMMUNITY IN PAKISTAN

Author:

Hamza Iftikhar, Dr. Siti Hasliah Binti Salleh, Dr Muhammad Fathi Bin Yusof, Dr Shafei Moiz Hali, AnbreenYasin

DOI Number:

DOI:10.17605/OSF.IO/N72SX

Published : 2022-02-10

About the author(s)

1. Hamza Iftikhar - PhD Scholar, Perdana Centre, Razak Faculty of Technology and Informatics, Universiti Technologi Malaysia, Kualalumpur.
2. Dr. Siti Hasliah Binti Salleh - Senior Lecturer, Perdana Centre, Faculty of Technology and Informatics, Universiti Technologi Malaysia, Kualalumpur.
3. Dr Muhammad Fathi Bin Yusof - Associate Professor, Assistant Director of Islamic Centre, Universiti Technologi Malaysia.
4. Dr Shafei Moiz Hali - Assistant Professor, Government and Public Policy Department, National defence University Islamabad, Pakistan.
5. AnbreenYasin - Teacher, GGHS 41/wb vehari, Punjab, Pakistan.

Full Text : PDF

Abstract

Constitutional parameters provides for the states to follow substantive equality for the citizen, regardless of the class, status and character. In a civilized society, the probing of the legal and policy context provides for the right to equality in relation to the perspective of the transgender community. The research implied the secondary research through systematic literature review for ascertaining the facts that transgender community in Pakistan is revitalizing substantial equality. Implication for the formal equalities are consulted through the evidence of available literature and supported in terms of transgender equality. Analyzing the Transgender Persons Act of 2018 and the Supreme Court of Pakistan's judgment, this study determined that substantive equality is still lacking in Pakistan, and policy by the government is required to integrate the transgender community within the community. Social, economic, and political discrimination against transgender is decreasing. The tendency brought key members of the society into the sphere of formal equality which leads to substantive equality.


Keywords

Right to Equality, Substantive Equality, Formal Equality, Transgender Persons Act.