‘Law versus Reality’: A critical analysis of healthcare provisions in transgender persons act, Pakistan

Abstract

The passage of the Transgender Persons Act of 2018, which promised rights and protections for transgender people, including access to health care, was an important turning point in Pakistan’s legislative history. For all the hope that surrounded its passage, there is still a clear disparity between the document and on the ground implementation. The international and political pressure to protect human rights provisions for transgender legally become a hot topic for discussion. The act gives transgender persons a legal status and outlaws harassment and discrimination against them. It also requires local governments to guarantee the welfare of the community. The law also has detailed clauses for healthcare provisions.

This research will utilize queer theory and the gender affirmative care model to explore the answers to the research questions listed. This critical analysis will understand the realities that transgender persons in Pakistan must contend with to receive safe environments and gender affirming care. The study will be conducted within qualitative grounded theory methodology, which permits a full analysis of gender constructs without imposing predetermined assumptions. At various levels the study analyses the law, intends to capture the experiences and narratives of transgender people and healthcare providers in Pakistan and document the views of key stakeholders in understanding the situation and realities of healthcare for transgender persons in Pakistan through deliberate sampling and a variety of data collection techniques, including focus groups and interviews.