The Court of Appeal’s rejection of the ban on cross-dressing puts the government on notice that all laws which discriminate against transgender people could be unconstitutional.

In light of the landmark ruling, international NGO Human Rights Watch has urged the government to repeal laws and regulations that discriminate against transgenders.

 “The government urgently needs to scrap its discriminatory laws and protect transgender people,” said the NGO’s lesbian, gay, bisexual and transgender (LGBT) rights advocacy director Boris Dittrich in a statement.

“The authorities, like the court, should recognise that transgender people have the same rights as all Malaysians.” 

Dittrich said the court’s ruling had affirmed the rights of transgender people.

“With the court upholding the constitution, it is saying that all Malaysians can express themselves the way they want to,” he said.

Transgenders in Malaysia face criminal prosecution and discrimination in accessing employment, health care, and education, as well as for cross-dressing.

Subject to abuse

The Court of Appeal yesterday passed a landmark ruling in recognising the rights of transgender people who suffer from gender dysphoria, where they dress and pose as women.

Justice Mohd Hishamudin Mohd Yunus ruled that Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992, which penalises Muslim males posing as women, is inconsistent with the Federal Constitution.

Muhamad Juzaili Mohamad Khamis, 26, Syukor Jani, 28, and Wan Fairol Wan Ismail, 30, filed a constitutional challenge on Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 on Feb 2, 2011.

Meanwhile, commenting on how the Malaysian authorities “frequently abuse transgender women at the expense of their dignity”, Dittrich said the court’s ruling should “send the message that the Religious Department and other officials cannot just do what they like to transgender women”.

The NGO, in its Sept 2014 report titled “I’m Scared to Be a Woman: Human Rights Abuses against Transgender People in Malaysia,” found that state religious department officials and police regularly arrest transgender women and subject them to various abuses, including assault, extortion, and violations of their right to privacy.

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