Nearly three years after the Caribbean Court of Justice (CCJ) ruled that Guyana’s laws against cross-dressing violated the rights of people, the criminal offence of cross-dressing was formally removed from Summary Jurisdiction (Offences) Act early Tuesday morning.

A Bill to amend this Act was presented to the National Assembly and on Tuesday morning, the Attorney- General and Minister of Legal Affairs Anil Nandlall SC led the Bill’s second reading before it was passed.

During the debates, the Attorney- General laboriously reminded members of the National Assembly that in 2018, the CCJ ruled that the section of Guyana’s law which prohibits cross-dressing be struck out as it serves no legal or social purpose and inhibits the right to freedom of expression.

In 2009, it was reported that several transgender women were arrested and convicted under the 1893 Summary Jurisdiction (Offences) Act of the offence of being a “man” appearing in “female attire” in public for an “improper purpose.” They spent three nights in police detention in Georgetown after their arrest for the minor crime.

This was later challenged in the courts, eventually making its way to the CCJ where the ruling was made. And, simply put, the CCJ- Guyana’s apex court- affirmed that an individual does not have to wear the clothes that are commonly associated with one’s sex.

On Tuesday morning, the Attorney- General reminded those in the National Assembly that the government was seeking to amend the Act and comply with its constitutional role as the legislature.

“We have a duty not only to make new laws, or amend laws but to remove from our legislative architecture those provisions that have been found to be repugnant and repulsive to our constitution and we are simply delivering on that responsibility,” the Attorney- General stated in his opening statements.

Cross-dressing formally removed as criminal offence from Guyana’s law – News Room Guyana