THE National Assembly has recently passed legislation to decriminalise cross-dressing defined to mean an act of wearing items of clothing not commonly associated with one’s sex. Attorney-General and Minister of Legal Affairs, Anil Nandlall, who piloted the bill in the National Assembly, reminded the House that the Government was seeking to amend the Act and in so doing comply with its constitutional role as the legislature.

The bill was first introduced by Mr. Nandlall in June 2021 to officially decriminalise the offence of ‘cross-dressing’. It sought to amend the Summary Jurisdiction (Offences) Act of Guyana by deleting a section of the Act which makes it an offence for any person to dress as the opposite gender, in a public place or for any improper purpose.

According to the Attorney-General, the Government has a duty not only to make new laws or amend existing laws but to remove from our legislative architecture those provisions that have been found to be repugnant and repulsive to our Constitution. Guyana is a secular State and as such is duty-bound to protect the constitutional rights of all citizens, regardless of their cultural, religious or gender orientations.

Indeed, respect for the rights of all Guyanese, especially minority groups is the bedrock on which modern society rests. Guyana is known for its political and religious diversity and it is the duty and responsibility of the State to rise above cultural differences and enact legislation that are just to all, regardless of their beliefs or their sexual or cultural orientation.

As to be expected, dissenting views were expressed by some members of the political opposition on the ground that it violated social norms and religious sensitivities. However, Minister of Parliamentary Affairs and Governance, Gail Teixeira reminded the House that the Caribbean Court of Justice (CCJ), Guyana’s highest court, had already ruled that the vaguely-worded law was unconstitutional and violated transgender citizens’ rights to equality and non-discrimination and as such should be removed.

It would be recalled that a court challenge was brought by a group of transgender women who were arrested and jailed in 2009 under an archaic 1993 cross-dressing law. They then mounted a legal challenge on the ground that the law was discriminatory and did not specify enough detail about what an improper wear entailed.

The debate as to what constitute a proper or improper wear will continue long after the law is passed given the cultural and religious sensitivities of the matter. This is all well and good, provided that it does not stand in the way or violate the fundamental rights of others. As pointed out by CCJ President Justice Saunders, no one should have his or her right trampled on, or human right denied, merely on account of a difference, especially one that poses no threat to public safety or public order. ‘Difference is as natural as breathing,’ Justice Saunders said in his ruling.

The Guyana Government must be commended for modernising its legislative architecture and in so doing bringing it in line with new and enlightened thinking on the issue of cross-dressing. Indeed such legislation was long overdue given the fact that Guyana was one of the few countries in the region to criminalise gay sex which carried a punishment of up to life in prison. As noted by a leading rights activist, for too long that particular law was used to target and harass ordinary people, especially those who are seen as transgender.

Guyana, it has to be said, is becoming a much more tolerant and cohesive society and this piece of amended legislation will certainly help to advance that process.