'Courts have precedence on transgender name change'
The High court should have allowed recently deceased Aleesha Farhana Abdul Aziz to change her registered name and gender from male to female, as there exists a precedence for it established in 2005 by Justice James Foong in Kuala Lumpur, said the Malaysian transgendered community.
The transgender community blasts the courts for denying Aleesha her right to a new life based on a 2005 ruling.
The High court should have allowed recently deceased Aleesha Farhana Abdul Aziz to change her registered name and gender from male to female, as there exists a precedence for it established in 2005 by Justice James Foong in Kuala Lumpur, said the Malaysian transgendered community.
“We strongly condemn the decision of the High court judge Yazid Mustafa, in dismissing Aleesha Farhana Abdul Aziz’s application to have her name and gender altered in her identity card.
“The ruling is inconsistent with the precedence established in 2005 when a mak nyah (transgendered person) from Kuala Lumpur made the same application. Justice James Foong, in the case of JG v Pengarah Jabatan Pendaftaran Negara 2005, had then held in favour of the mak nyah in question,” said a representative of the community in a statement today.
Aleesha (left) was reported to have died from heart attack and low blood pressure on July 30 at Hospital Sultanah Nur Zahirah in Kuala Terengganu.
“We, the members of the transgender community, are deeply shocked and saddened by the news of Aleesha Farhana’s passing.
“We believe the severe depression she suffered after the court's dismissal of her application to change her name and gender resulted in her death.” read the statement, endorsed by 600 individuals and numerous NGOs and civil society groups including Suaram, Amnesty International Malaysia, Tenaganita and Seksualiti Merdeka.
It has been reported that Aleesha had undergone a sex change operation two years ago, and presently sought to make the gender changes in her MyKad to avoid discrimination in her attempts to further her studies registered as a woman.
“Just like everyone else, Aleesha and many like us are striving to better ourselves and contribute to society.
"Aleesha and all Malaysian trans people deserve the same opportunities as others to improve the quality of our lives and pursue our dreams.”
Courts must act fairly
“The court should have allowed Aleesha to change her name and gender.
“Her rights and the court’s duty must not be held hostage by the sensitivities of those who are ignorant about transgenderism.
"By denying her her right, the court is perpetuating an environment of discrimination within which she will never find the justice due her,” said the rep, adding that the courts could still give Aleesha justice by approving the change in her memory.
The statement also urged the government to give redress to the transgendered community to help fight injustice and discrimination that transgendered persons continuously face.
“The unwillingness of the Malaysian government to recognise trans people as equal before the law facilitates this ugly persistence in violating us,” said the rep, noting that many Asian and Islamic governments recognise transgendered people.
They include those of Singapore, Nepal, Iran, Egypt, Thailand, India and Pakistan.
“We urge the relevant authorities to take necessary measures and immediately act to create an enabling and safer environment for Malaysian trans people.
"This includes the repeal of laws that criminalise trans people for our identity, dressing and mannerisms,” said the rep, citing Article 5(1) of the federal constitution that states “no person shall be deprived of his/her life or personal liberty”.
