Love does not hurt nor hate

When we discriminate against any member of a group or community, we act against the Constitution, against the Government’s latest calling: 1Malaysia.

“If you just learn a single trick, Scout, you’ll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his point of view ... until you climb inside of his skin and walk around in it.” – Atticus Finch, To Kill A Mockingbird by Harper Lee.

TRY this. Take the person next to you right now. Now, try to imagine that you are him or her. Perhaps, you do not know enough about that person? OK, even if you did, would he or she actually act or feel like that?

Slowly, you may just realise this: he or she is not you. But, what if that person were you?

Think about this: the words “transsexual, transgender, homosexual, intersex (person born with female and male genitals)” are just names. Like your name is James or Sarah. However, these words specify the identity of a particular group or community in our society.

Let’s have a look at our Federal Constitution (“the Constitution”); see the design created that appears to include and binds every group and community of Malaysian people. Simply put, the Constitution serves everyone.

For example:

> All persons are equal before the law and entitled to the equal protection of the law. – Article 8.

> No person shall be deprived of his life or personal liberty save in accordance with the law. – Article 5

> This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. – Article 4.

Clearly, the words “all persons”, “no person” alone shows that the Constitution does not discriminate against transgenders, transsexuals, non-heterosexuals, intersex and such people. Because if that were the case, why imprint these words onto the Constitution?

Meaning, Ah Boon with his noodles in the hawker stall is just as protected by the Constitution as Nanie, a mak nyah having her teh tarik at the mamak shop.

Ironically, when we discriminate against any member in these groups or communities, we act against the Constitution. Similarly, we act against the Government’s latest calling: 1Malaysia.

There has never been “1Malaysia, but ...”

But if you saw a mak pondan next to you right now, would you see her as a non-Malaysian?

Strangely, it would not be the first thing on your mind, would it? How would you feel if someone hurt you for being who you are? In fact, have you ever been hurt like that in your life?

Research also shows that in Malaysia, the transgendered community faces a daily living of rejection, marginalisation, hate, abuse, discrimination and brutality because they are what they are.

In addition, out of 16 countries around the East and Asia Pacific, only five, including Malaysia, deem male-to-male sex as illegal. One of the biggest nations in the world, China, does not decree male-to-male sex as illegal. Even Timor Leste considers it legal.

Are they actually dirty ... evil … wrong, or is it just what people have been telling you to think about them? Do you actually know of one, properly and personally? What if that very person they spoke so cruelly of … were you?

If one tries to analyse the words of 1Malaysia and the Constitution, this common thread may be seen: Malaysia is about peace, unity and equality.

Which makes a lot of sense, since it ties in with our Malaysian nature: “relak … chill la”. As a matter of fact, such spirit guide the law and the people therein, every day, to ensure that justice is served.

For example, the High Court, in the case of Re JG v Pengarah Jabatan Pendaftaran Negara, permitted a male-to-female to have her registration and identity card altered to suit her new gender.

James Foong J held: “She felt like a woman, lived like one, behaved as one, had her physical body attuned to one and, most important of all, her psychological thinking was that of a woman.

“In this case, the first prayer was for a declaration which the court had power under the Specific Relief Act 1950 to grant. As for the second prayer, it concerned only an administrative exercise and the defendant was empowered by law under S 6(2)(o) of the National Registration Act 1959 to make correction and alteration in the register and identity card.

“All these would give full effect to art 5(1) of the Federal Constitution which states that ‘no person shall be deprived of his life or personal liberty save in accordance with the law’.”

Change happens and we almost always move with change. One man’s meat may be another man’s poison. Interestingly, not everything right makes another thing right: Would you protect your best friend in trouble despite knowing that she or he was wrong?

Why? Because the best thing within us is not a matter that is black or white. And we try our best to strike that balance.

In whole, our humanity lies in love. Just looking at the concept of 1Malaysia and the Constitution, it appears that we, the Malaysian people want to be guided by love.

Love does not discriminate, condemn, hurt or hate. It does not divide nor speak the worst of another. Love is real and fair.

The law looks like a scary piece of paper. However, it is real and, where outdated, change should occur to suit the ever-changing times and our ever-changing needs. After all, the laws were made for all of us.

Transgenders, transsexuals, non-heterosexuals and intersex are a part of us: can we put our sticks down?

> The writer is a young lawyer. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visit www.malaysianbar.org.my

Love does not hurt nor hate