Global NGO Human Rights Watch (HRW) has condemned Malaysia for shaming and imprisoning 16 cross-dressers, after they were nabbed from a private wedding in Negri Sembilan earlier this month.

Arguing that the law violates the Universal Declaration of Human Rights and may also pose a challenge to Malaysia’s constitution, HRW said that it was time the government made a firm stand.

“No one should go to prison because of the clothing they wear,” said Neela Ghoshal, senior researcher on lesbian, gay, bisexual and transgender (LGBT) rights at HRW, said in a press statement.

“Malaysia’s religious department officials should never have arrested these women, and the judge should never have sentenced them.”

Citing reports by Justice for Sisters, a Malaysian transgender rights group, HRW said that the 16 transgender women were treated harshly during their arrests by police, and the Syariah courts then threw them into a male prison without any leniency.

HRW’s Ghoshal noted that police had infiltrated the wedding party.

“The officials beat one of the women - choking her and kicking her - and tore another woman’s clothing in the course of the arrest.

“After they were sentenced on June 9, because they are legally considered ‘men’, they were transferred to the male section of Sungai Udang prison. There, prison authorities forcibly shaved their heads in what the women said was an effort to negate their gender identity,” Ghoshal said.

The 16 transgender women were charged in courts on June 9 and served five days of their sentence before prison officials released them early on June 13 due to the weekend. One minor was released after arrest without charge.

Under state-level Syariah laws, all 13 states and the federal territories criminalise transgender women, and at least three states criminalise transgender men, solely on the basis of how they dress, Ghoshal noted.

Issue still awaiting a court ruling

But it was unacceptable to HRW that that government has not stepped in to stop such abuses as the issue was still awaiting a court ruling on whether it violated Malaysia’s federal constitution, which is the supreme law.

“The constitutionality of the law has been challenged in a case currently before the Putrajaya Court of Appeal. The petitioners - three transgender women who have been arrested under the Negri Sembilan law in previous incidents - argue that the law violates rights protected by Malaysia’s constitution, which is superior to state Sharia law,” Ghoshal ( right ) said.

The constitutional challenge was heard in part on May 22, and has been adjourned until July 17.

“State officials and police have long had a free hand to violate the rights of transgender women,” Ghoshal said.

“The appeals court’s ruling next month will have enormous impact on whether transgender people will continue to endure arrests and a barrage of abuse in Malaysia.”