The state's reaction towards transgender women will contribute to the level of impunity in cases against them, said lesbian, gay, bisexual, transgender and queer (LGBTQ) rights group Justice for Sisters.
Its researcher Thilaga Sulathireh said in Malaysia, transgender people are subjected to criminalisation and non-recognition of their gender identity and expression.
This had led to incidents such as what allegedly occurred during the recent arrest of cosmetic millionaire Nur Sajat.
"Justice for Sisters is deeply concerned by the recent arrest, detention and persecution of Sajat, who has been continuously targeted because of her actual and perceived gender.
"This is definitely a worrying escalation of persecution against her, especially against the backdrop of increasing politicisation of race and religion, and increasing anti-transgender sentiments by state and non-state actors alike," Thilaga told Malaysiakini.
The 35-year-old made headlines after she claimed ill-treatment and assault while being investigated by several Selangor Islamic Religious Department (Jais) officers on Jan 6 at its headquarters in Shah Alam.
The investigation was in relation to a report that was filed in 2018 accusing Sajat of allegedly "insulting Islam" during a visit to a religious school, along with her employees, to distribute aid.
This was according to a 38-minute Instagram video posted on Sajat's account where a Jais officer was heard telling her that the accusation was related to what she wore on that day - a pink long dress and a floral headscarf.
Sajat also claimed to have sustained injuries from when she initially resisted being handcuffed while under investigation.
"We feel that Jais' reactions are disproportionate, unreasonable and unnecessary.
"We are concerned that these actions will cause, among others, further harm with impunity, increase sense of lack of personal security and privacy and restrictions of freedom of expression, not only for Sajat but also for transwomen and others," Thilaga said.
She added that oftentimes state actions failed to address real issues surrounding a lack of recognition for the rights of trans and intersex women to freedom of expression.
She gave the example of at least two recent high-profile arrests of transgender women in Indonesia for drug-related offences which saw them initially detained in a male prison, before authorities responded to public pressure and moved them into a private cell.
Sajat had reportedly lodged a police report over her assault claims but Selangor acting police chief Arjunaidi Mohamed told Malaysiakini she has so far been unavailable to give her statement.
Jais in a statement today confirmed that Sajat is being probed under Section 10 of Selangor's Syariah Offences Enactment No 5, 1995. - Mkini
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