The Federal Shariah Court (FSC) Tuesday approved the petitioners to submit their concerns in writing against the Transgender Act 2018, reported 24NewsHD TV Channel.
The full court of the FSC headed by Acting Chief Justice Syed Muhammad Anwar while hearing the case asked the applications of various people, including senator Mushtaq, Farhat Ullah Babar, and Almas Bobby to become the party of the case. However, the court directed all the parties to submit their concerns in black and white.
The Acting Chief Justice of FSC said that the real issue is the rights of eunuchs. Whoever has the rights should get it. The main objective is to protect and safeguard the community. If one closes his eyes, he does not become blind, he added.
Known columnist Orya Maqbool Jan said before the court that the whole assembly approved the bill. Farhat Ullah Babar said, “I was part of the entire process when the bill was being made.
Senator Mushtaq Ahmed of Jamaat-e-Islami (JI) filed a petition in the FSC against the Transgender Rights Bill, claiming it’s in contradiction with the Islamic principles on heredity. The JI leader argued that the bill would cause complications in Islamic hereditary rules.
Mushtaq Ahmed had suggested that if someone files a gender change request in 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 NADRA seeking to change their gender in its record, he said.
The lawyer for Senator Mushtaq said that a new bill was submitted to the Senate and that no one should be allowed to change their gender at will.
The authority to identify one’s gender should be with the medical board and not with the individual, he argued.
Senate’s Human rights Committee had also discussed proposed amendments in the law.
The Human Rights Committee opposed the amends presented by the senator, saying the matter is sub-judice and should not be tampered with.
A lawyer from a private NGO said that things have been mixed up in the transgender law.
The transgender experts said that being transgender is actually a birth defect. "The LGBTQ community and we trans people are different. The court should seek the assistance of a gender expert."
The representative of transgenders pleaded to the Federal Sharia Court for assistance from gender experts in the hearing of a petition against the Transgender Rights Bill 2018.
Bubbly Malik argued in the court that the opinion of gender experts was necessary with regard to the definition of transgender and their rights.
Orea Maqbool Jan said that a gender expert can only give his views by observation, but a doctor does not identify gender without providing a certificate.
“Tell the court if you are acquainted with a gender expert,” Justice Anwar said. “Dr Farzana Bari or Dr Sana Yasir can be summoned to assist the court,” the transgender representative replied.
Nayab Ali, a known transgender rights activist, also appeared before the court. Ali said I am heading a special unit of the police department.
Nayab Ali told the bench that threats to them have multiplied since the beginning of the case regarding their transgender identity. “Three transgenders have been murdered in Peshawar,” Nayab added. “The court should issue an order restraining from any action against any transgender until the decision of the case”, Nayab pleaded to the bench.
Eunuch Nayab Ali said that the court should ban the debate on social media regarding transgender.
Acting Chief Justice said what procedure does the government have for the quota of eunuchs? It should not be that someone should make an identity card of a eunuch to get a job. Nowadays, many Afghans are also making fake identity cards. The court adjourned further hearing of the case for an indefinite period.
Reporter: Amanat Gishkori