Violence against the transgender community is on the rise in Malaysia after the Federal Court set aside the appellate court’s decision that invalidated a provision of the Negeri Sembilan syariah criminal enactment criminalising Muslim men for cross-dressing, Justice for Sisters (JFS) claims.
In a press statement issued today, the human rights group alleged that raids and arrests that have happened in several states, including Kuala Lumpur, Terengganu and Penang, have sparked fear among the transgender community.
Earlier this month, a five-man bench chaired by Court of Appeal president Tan Sri Md Raus Sharif unanimously allowed the appeal by the state government and four others solely on a preliminary objection which was raised by them.
Justice Raus said the decisions of the Court of Appeal and High Court were incompetent due to non-compliance of procedure by the transgenders in mounting a legal challenge on the state Syariah enactment. He said the judges of the High Court and the Court of Appeal were in grave error in entertaining the judicial review of the three Muslim bridal make-up artists — Muhamad Juzaili Mohamad Khamis, 26, Syukor Jani, 28, and Wan Fairol Wan Ismail. Justice Raus said the lower courts had no jurisdiction to entertain the judicial review. Four days after the ruling, JFS claimed that three transwomen from Seremban were detained while out on a shopping trip in Brickfields.The trio allegedly suffered humiliation and physical assault during detention.
Subsequently, 15 transwomen of different nationalities were also detained during a raid in several locations including Bukit Bintang, Pudu and Chow Kit.
Four detainees who appeared in court had their heads shaved while under detention.
“We emphasize that changing someone’s appearance against their will, including shaving someone’s head, is a form of torture,” said JFS in the statement.
JFS further claimed that harassment and intimidation against the transgender community started in Negeri Sembilan on Oct 8 after the decision by the Federal Court.
“The religious authorities warned some transwomen that they would be arrested if they saw them again in the area.
“We deplore the intimidation and harassment by the authorities towards the women, as these actions are making people feel unsafe in their own homes and to move around freely.”
