ISLAMABAD: The Federal Shariat Court (FSC) has said that there should be exclusive protection homes for children, who are intersex and abandoned by their families, as well as older persons falling under the category of intersex (Khusra) persons as defined in section 2(n)(i) of Transgender Persons (Protection of Rights) Act, 2018.
A full bench of the FSC comprising Chief Justice Dr Syed Muhammad Anwer and Justice Khadim Hussain Shaikh heard the petition against the Transgender Persons (Protection of Rights) Act, 2018.
The Ministry of Human Rights was directed to submit a report positively by 15.12.2022 showing whether there is any facility for the protection of children born with some defects in their sexual organs.
The representatives from transgender community were present during the hearing. A person from khwajasira community showed concerns over worse situation of the community. The chief justice inquired regarding the same from the representatives of the Ministry of Human Rights, however, they could not provide a plausible explanation.
The chief justice expressed concern over the matter and was dissatisfied with their explanation. He said unfortunately, these children have been abandoned by their own families as a result whereof they are abused by criminals and fall prey to paedophiles and other predators in our society, which is a scar on the face of this society. Similarly, the lives of the same category of persons become more miserable as they turn old.
The chief justice further remarked that Section 6(a) of the impugned law bounds the government and Ministry of Human Rights to ensure the rescue, protection and rehabilitation of transgender persons in addition to providing medical facilities, psychological care, counseling etc.
The bench further said; “Almighty Allah has bestowed dignity on every human being and this is our believe as stated in the Holy Quran, even it has also been enshrined in the 1973 Constitution.”
Copyright Business Recorder, 2022
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