ISLAMABAD, Jan 17 (APP):The Federal Shariat Court (FSC) on Monday sought suggestions to stop fake transgenders.
A three-member FSC bench headed by Chief Justice Muhammad Noor Miskanzai, Justice Syed Muhammad Anwar and Justice Sheikh Qasim heard the petitions heard the petitions moved by Irfan Khan and others challenging the Trans茆ender Persons (Protection of Rights) Act, 2018, for being repugnant to Islamic injunctions.
During the course of proceedings, Justice Syed Anwar said that according to media reports, some amendments were being made in the law.
Advocate Ahsan Mangi said that an amendment bill was introduced in the Senate but it had not yet been passed.
The petitioner said that the court had to look at the case from a Shariah perspective, not a fundamental right. Allah Almighty had created every creature in pairs, he added.
He said that some eunuchs had female while some had masculine features but the third type of eunuchs had no symbol. In the Shari’ah, a curse was sent on one who abandons his gender and becomes like another, he added.
Upon this, the Chief Justice said that there was no curse on the one who manifested himself as he was created. Transgenders presented in the courtroom applauded the Chief Justice’s remarks. Upon which Chief Justice restrained applause.
Petitioner Orya Maqbool Jan said that the Shariah gave rights of inheritance and marriage to born transgenders.
Justice Syed Anwar said that everybody objected to those who were not eunuchs and showed themselves. The law was framed for the rights and protection of eunuchs, he added. He said that the law being wrong and its use being wrong were two different things.
He said that anyone who had an objection to the sex of an eunuch could be medically examined.
Orya Maqbool said that if a man wear women’s clothes, he would neither be called a woman nor an eunuch. Those who claimed to be eunuchs should be medically tested, he added.
Justice Anwar said that the lawyer for the Ministry of Human Rights had stated that rules were being framed for the implementation of the law.
The counsel for the federal government said that rules could not include a clause which was not mentioned in the law.
Orya Maqbool said that rules had been notified in which gender reassignment had been allowed.
Advocate Ahsan Mangi said that he would inform the court about the matter after
taking instructions from the Ministry of Human Rights.
Justice Sheikh Qasim said that there should be no dispute over anybody’s gender.
The petitioner said that the law defined an eunuch as anyone who adopted the guise of the other sex.
In the rules, National Database and Registration Authority (NADRA) was bound to write whatever gender one wanted to mention, he added.
Petitioner Muhammad Bin Sajid said that NADRA would register sex as per anyone wish.
He alleged that the law allowing changing gender was the first step towards same-sex marriage law. The law stated that the government would provide financial assistance to eunuchs, he added.
The Chief Justice asked why did not government financially support the Eunuchs? He asked whether transgender were not human beings?
The petitioner said that the birth certificate contained the sex of each child. It was not possible for anyone to call someone a woman after 34 years, he added.
Transgender Nayab Ali said they didn’t get any help or jobs that could be misused. Hatred against transgender community was spreading, she added.
Upon this, the Chief Justice said that Allah had created them and there was no question of hatred.
Another eunuch Mahnoor said that they could not prove their gender by taking off clothes in front of the society. Upon this, the Chief Justice asked who told them to undress?
Later, hearing of the case was adjourned till date in office.
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