On equal treatment for transgenders

To start off, I have to apologise to the transgender community for remaining extremely quiet on their fight for equality.

When I write of socio-economics and concepts such as social inequality, poverty eradication or even social mobility (the budget even), it tends to dehumanise the not just the struggles of the poor, but also the struggles of the group I have branded as the most discriminated amongst the lesbian, gay, bisexual and transgender (LGBT) community.

I wish them hearty congratulations on finally winning the right to wear as they want.

Having read the judgment of the constitutional challenge regarding Sharia law regarding transgenders, particularly Section 66 of the Negri Sembilan Sharia Criminal Enactment of 1992, I personally agree with the judges that it is unconstitutional.

To reach such a judgment, the deciding factor highlighted even by the court was the fact that transgenderism is a medical disorder, known as gender identity disorder (GID) which was not refuted by even the Mufti of Negri Sembilan.

It is a brilliant judgment by the learned judges, and honestly, it is an example of how much many Malaysians do not know about the LGBT community, particularly the “T” as in transgender community.

To summarise, the honoured judges found that the entire section 66 was deemed unconstitutional for those suffering from GID.

For those who have not read the written judgment, I ask them to read it here (http://www.refworld.org/pdfid/5475fb1a4.pdf) with open minds and open hearts.

This decision by the learned judges is a landmark one.

That being said, it now goes back to each state and their lawmakers to reconsider whether this law is applicable to men and women suffering from GID, or known better as transgender men and women.

Personally, I would ask the Mentri Besar and Chief Ministers, the state executive councilors, and assemblymen in all states who are reading this to advocate for the total removal of Section 66 and its equivalent in all state sharia criminal enactments to show their solidarity and support not only for the transgender community, but also for the judiciary and upholding the supremacy of the Federal Constitution.

That is, with the respected and august authorisation and blessings of the Council of Rulers, of course.

I say this because for far too long, we have denied them access to proper medical facilities, including hormone treatments and even sex reassignment surgery, which had been made available before the 1990s in our own nation.

For far too long, we have disallowed their freedoms of equal opportunity, particularly in the workforce and education.

For far too long, we have watched them and heard their stories of abuse, discrimination and even deaths without batting an eye or even taking any action to voice our support for them.

For far too long, we have somehow forgotten that Malaysia in the past was once a nation that accepted everyone as they are, including the transgenders.

This is no longer a religious issue as proven by the constitutional challenge and verdict, but a medical one which requires Malaysian acceptance from those who believe in the supremacy of the Federal Constitution as it is.

More needs to be done for the transgender community, and all I am doing is just writing this simple letter to ask Malaysian society to once again accept our own people for who they are, to allow them to be as much as they can and to contribute as they should be allowed to without legalising prejudice and stigma by anyone.

Once again, I personally apologise, and congratulate them and the learned judges on their monumental step forward.