In the Malaysian state of Kelantan, a trans woman has been prosecuted for undergoing Gender Reassignment Surgery under Section 18 of the Kelantan Syariah Penal Code Enactment (i) 2019.
The offence is punishable by a fine not exceeding RM3,000 (approximately £600), imprisonment for up to two years, or both.
According to Malaysian queer human rights group Justice for Sisters, this is the first ever case of its kind since the law was penned in 2020; and that Kelantan is the only state in Malaysia which has this provision.
Malaysiakini reported that the Kelantan Islamic Affairs Department (Jaheaik) had arrested the trans woman earlier this year, during an operation targeting an event involving a group of transgender individuals.
Thilaga Sulathireh, founder of Justice for Sisters, condemned the arrest and prosecution, saying that “laws criminalising gender transition have significant negative effects on transgender individuals in expressing their identity.”
They also said that “such laws create a larger space for sexual harassment, violations of privacy, personal integrity, and bodily autonomy, and criminalises any kind of healthcare service providers, and trans-specific healthcare to exist at the state level.”
APTN’s Statement
APTN wholly condemns the prosecution of transgender people for seeking gender-affirming care. We believe that criminalisation of gender affirming healthcare and transgender identities and expression greatly expression greatly infringes upon the rights of trans and gender diverse people in Malaysia. It greatly undermines their ability to participate in society, erodes their constitutional rights to self expression, and violates their fundamental human rights.
This unprecedented use of Malaysian law in this case is a stark reminder of the ongoing erosion of human rights and personal autonomy, and reflects the broader rise of authoritarian practices we are witnessing globally. It is a troubling indication of how state power continues to be used to silence and intimidate gender-diverse people, further entrenching stigma, discrimination, and marginalisation.
APTN calls for the immediate pardon of the charged trans woman in this case and abolishment of legislation and any forms of practices criminalising gender affirming care and trans people’s gender identity and expression.
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