Eunuchs cannot change their gender on their own: Federal Shariat Court

Acting Chief Justice (ACJ) of FSC Justice Syed Muhammad Anwer read out the decision.

The court order has said the eunuchs can neither change their gender on their own nor can they be called male or female. Islam provides all human rights to the eunuchs. It is binding on the government to provide all the rights to the eunuchs. Government is bound to provide medical, financial and educational facilities to such persons.

The verdict further said the gender relates to biological sex of human being. The concept of eunuchs and orders with reference to them are there in Islam. Section 2-N of transgender act is not against Shariat. The eunuchs are entitled to all human rights which are enshrined in the constitution. Islam too provides all basic rights to the eunuchs.

The court while declaring sections 2 and 3 of transgender act against Islamic teachings has made it clear no person can change one’s gender out of one’s sweet will. Only that gender can remain which was at the time of birth.

The court while declaring section 3 and 7 of transgender act contrary to shariat said any one could get share from inheritance according to one’s own will by determining one’s gender on one’s own will under section 7.
The share from the inheritance can be given according to gender. it will be against Sharia if male or female calls oneself eunuch away from biological sex.

Declaring section 2-F of transgender act and the rules made under this act against Shariat the court has remarked sections which have been declared non shariah have no legal standing.