Ruling safeguards transgender women from harassment - says transgender singer, Rozz

The verdict overturns a 2012 High Court ruling, which had dismissed the challenge by three appellants over their arrest four years ago under the law, stating the appellants must adhere to the law as they are Muslims and born male.

The appellants -- Muhammad Juzaili Mohd Khamis, Shukor Jani and Wan Fairol Wan Ismail -- had been arrested (in Negeri Sembilan) several times for violating the state enactment which led to them filing a judicial review to declare the Syariah Act unconstitutional.

“It’s a relief for many, I am sure, to know that they are now able to get to and from work without facing the threat of being arrested looming over their heads," said club performer, Rozz Ritzman.

"The majority of the transgendered who live in this country are not prostitutes or criminals - they are people, like you and me, who have real jobs to go to,” said the 30-something Rozz.

Rozz recalled an incident which took place in Negeri Sembilan not too long ago when a wedding reception was marred after it was raided by the state religious officials.

The raid led to the arrest of transgendered 'mak andams' and some of the guests, said Rozz, adding that the arrest was allegedly due to them “dressing the wrong way.”

"It was absolutely outrageous,” said Rozz, who is well-known for his melodious and raspy vocals and has a huge following among music aficionados and regulars at his shows.

"I dress as a female for work," said Rozz, who is regularly seen donning flamboyant dresses, classic Egyptian kohl eyes and thick lashes for his largely sold-out gigs.

In his typical straightforward demeanour, Rozz nonchalantly admitted that life isn't entirely a bed of roses.

"Nobody will ever be able to fathom how it feels to be ostracized, marginalized and looked down upon on a daily basis, simply for being born the way we are. Some of us don't even have family to turn to. It is not an easy life.

Rozz added: "Some of us lucked out and managed to survive through the all the harassment and bullying, and graduated from school and find ourselves jobs which in itself is already a feat, given the circumstances, should we not be assured safe passage for us to go about our daily lives?

"Constitutional right is given to all Malaysians, we are just asking for the same. We are not asking to be allowed to marry, we are not asking to be given special privileges, we are just asking to not being harassed by the authorities. We are asking for the people who are supposed to protect us, to not treat us like we are criminals," said Rozz.

"The overturning of the syariah court decision safeguards their rights to go to work and earn a decent and honest living without facing harassment," Rozz concluded.

The Court of Appeal, on Friday declared unconstitutional a provision in the Negeri Sembilan Islamic religious enactment which made it an offence for Muslim males to dress and behave as women.

A three-man bench led by Datuk Mohd Hishamuddin Mohd Yunus said section 66 of the Shariah Criminal Enactment violated Articles 5, 8, 9, and 10 of the Federal Constitution.

The law, said Hishamuddin in an interview with The Malaysian Insider is the effect of denying the appellants and other sufferers of GID [Gender Identity Disorder] to move freely in public places.

Perak Mufti Tan Sri Dr.Harussani Zakaria described the landmark Court of Appeal ruling that transgenders will no longer be punished for cross-dressing as going against Allah’s teachings.

The decision by the Court of Appeal, said lawyer Syahredzan Johan towards the three sections of transgenders as unconstitutional does not mean that the enactment in other states are revoked.