Muhammad Sajjad Kamaruz Zaman, or “Sajat” is back in the news again, this time over her legal gender identity.
Sajat had recently posted on her Instagram account that she was now legally a woman in Australia. In reply, Deputy Minister in the Prime Minister’s Department (Religious Affairs), Datuk Ahmad Marzuk Shaary reiterated that Sajat remains a male in Malaysia.
So, which is true? Is Sajat legally male or female?
The operative word here is “legal”. Believe it or not, whether one is legally male or female largely depend on where that person resides.
In New South Wales, Australia, a person’s gender identity may be legally changed. Under the Births, Deaths and Marriages Registration Act 1995 No 62, if one has had a sex affirmation procedure (surgical procedure altering a person’s reproductive organs), that person can apply to register as a male, female or intersex – regardless of the gender assigned during birth.
In Malaysia however, the alteration of one’s gender is not legally possible or recognised under the Births and Deaths Registration Act 1957 – even if medically possible. Here, a person’s gender is assigned at birth solely by reference to the baby’s biological characteristics. And it is permanent.
The issue of whether one can legally change his/her gender has been litigated in Malaysian courts. However, almost all the local court’s decisions were not in favour of gender reassignment.
A glimmer of hope appeared in 2016, when High Court Judge S Nantha Balan ruled in favour of a transgender (female to male) in the case of Tan Pooi Yee v Secretary General of the National Registration Department (NRD), ordering the NRD to change the personal details in his Tan’s identity card to reflect the male gender. The High Court Judge held: –
“The Plaintiff has a precious constitutional right to life under Article 5(1) of the Federal Constitution and the concept of ‘life’ under Article 5 must necessarily encompass the Plaintiff’s right to live with dignity as a male and be legally accorded judicial recognition as a male….In my view, the chromosomal requirement is archaic and should be discarded….The male XY and female XX chromosome will remain static throughout the individual’s natural life. To insist on the “chromosomal requirement is to ask for the impossible”
Unfortunately, this decision was however subsequently overturned on appeal.
In conclusion, Sajat is legally a male in Malaysia but female in Australia. Strange but legally true.
About the Author
Xavier is a Founding Partner of XK Law. He graduated with Honours from the University of London, United Kingdom. Xavier is passionate about combating injustice and loves doing so though his legal work.
