Sharia Court hears challenge to Transgender Rights law

ISLAMABAD: A representative of transgenders pleaded to the Federal Sharia Court for assistance from gender experts in hearing of a petition against the Transgender Rights Bill 2018, ARY News reported on Tuesday.

Full court of the FSC headed by Acting Chief Justice Syed Muhammad Anwar hearing the case.

Bubbly Malik, argued in the court that the opinion of gender experts was necessary with regard to the definition of transgender and their rights.

“Tell the court if you are acquainted with a gender expert,” Justice Anwar said. “Dr Farzana Bari or Dr Sana Yasir can be summoned to assist the court,” transgender representative replied.

Nayab Ali, a distinguished transgender rights activist, also appeared before the court. “I am heading a special unit of police department,” Nayab Ali told the bench.

“Threat to us has multiplied with beginning of the case pertaining to transgender identity,” Nayab told the court. “Three transgenders have been murdered in Peshawar,” Nayab Ali said. “The court should issue an order restraining from any action against any transgender until decision of the case”, Nayab pleaded to the bench.

Senator Mushtaq Ahmed of Jamaat-e-Islami (JI) has filed a petition in the Federal Shariat Court against the Transgender Rights Bill 2018, claiming it’s in contradiction with the Islamic principles on heredity.

The JI leader argued that the bill would cause complications in Islamic hereditary rules.

Senate’s Human rights Committee had also discussed proposed amendments in the law.

JI Senator Mushtaq Ahmed had suggested that if someone files a gender change request in NADRA, they must undergo a medical test first. The bill has given individuals the right to change their gender identity, 30,000 people have applied to NADRA seeking to change their gender in its record, he said.

The authority to identify one’s gender should be with the medical board and not with the individual, he argued.

The Human Rights Committee opposed the amends presented by the senator, saying the matter is sub-judice and should not be tampered with.