Transgender Act: FSC accepts JUI-F petition, clubs it with other pleas

ISLAMABAD: The Federal Shariat Court (FSC) accepted the petition of Jamiat Ulema-e-Islam-Fazl (JUI-F) and clubbed it with other applications filed against the Transgender Persons (Protection of Rights) Act, 2018.

A full court of FSC headed by acting Chief Justice Syed Muhammad Anwar on Monday heard the petition of Senator Mushtaq Ahmed of Jamaat-e-Islami (JI) against the Transgender Persons Act, 2018, claiming it is in contradiction with the Islamic principles of heredity.

Kamran Murtaza, appearing on behalf of the JUI-F, argued that number of petitions against the Act were pending before the Court, and through this petition, he wanted the representation of his party in the instant matter.

The acting CJ questioned whether the JUI-F participated in the passing of this Transgender Act, 2018. The counsel replied that the party had supported the legislation. Upon that Justice Anwar remarked when the JUI-F had supported the Transgender Persons Act then why now it is approaching the Court regarding the matter. “Was it not the JUI-F’s responsibility to have examined the law carefully before its approval.” After five-year they have realised to challenge this law when around a dozen persons have already filed petitions against this Act.

The acting chief justice said after five years the party had realised that the Act was wrong. He asked the counsel that instead of approaching the court they should have raised the concern in Parliament.

Murtaza said they have challenged a clause, which allows changing of gender, adding the party also had submitted an amendment bill in the Parliament.

The JUI-F, an ally of the government and part of the Pakistan Democratic Movement (PDM), in the petition requested that the act be declared against Shariat, adding that “no law can be made against Quran and Sunnah in the country.”

On September 26, the Transgender Act Amendment Bill, 2022 related to the protection of transgenders had been presented in the House by PTI Senator Fauzia Arshad and was then handed over to the relevant Standing Committee by the Chairman Senate.

Earlier, Senator Mushtaq Ahmed of Jamaat-e-Islami (JI) had filed a petition in the FSC against the Transgender Rights Act 2018, claiming it is in contradiction with the Islamic principles of heredity. The JI leader had argued that the bill would cause complications in Islamic heredity rules.

The case is adjourned until October 18, 2022.

Copyright Business Recorder, 2022