ISLAMABAD: The Federal Shariat Court (FSC) was urged to hear gender experts against Transgender Rights Bill, 2018.
A full court of FSC headed by acting Chief Justice Syed Muhammad Anwar heard the petition of Senator Mushtaq Ahmed of Jamaat-e-Islami (JI) against the Transgender Rights Bill, 2018, claiming it is in contradiction with the Islamic principles of heredity.
A transgender, Bubly Malik, prayed before the court to take the assistance of gender experts, adding for the correct definition of transgender and their rights it is mandatory to hear gender experts. The acting CJ FSC inquired from Bubly, “if you were acquainted with any gender expert”. “Dr Farzana Bari or Dr Sana Yasir can be summoned to assist the court,” the transgender representative replied. Nayab Ali, a transgender rights activist, also appeared before the court. “I am heading a special unit of the police department,” Nayab told the bench.
“Threat to us has multiplied with the beginning of the case pertaining to transgender identity,” Nayab told the court. “Three transgenders have been murdered in Peshawar,” Nayab said. “The court should issue an order restraining from any action against any transgender until the decision of the case”, Nayab pleaded to the bench.
During the proceeding, Justice Anwar inquired what is the government criteria for the job quota of transgenders. The representative of the Human Rights Ministry replied that there is a proper system for their job quota.
The JI leader further contended in his petition that the bill would cause complications in Islamic heredity rules. He claimed that allowing trans rights will lead to validating the LGBTQ movement.
Senator Mushtaq had suggested that if someone files a gender change request in the 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 the 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 case is adjourned for an indefinite period.
Copyright Business Recorder, 2022
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