Inheritance rights: Supreme Court tells government departments to trace eunuchs' parentage

The Supreme Court on Tuesday directed concerned authorities to locate the parentage of eunuchs to ensure their inheritance right in moveable and immoveable property according to the law. The bench directed secretaries social welfare of all provinces and commissioner Islamabad, who have already registered the eunuchs, to seriously ensure their rights in the inherited property according to law.
The court ruled that both federal and provincial governments are bound to provide protection of life and property to eunuchs besides securing their dignity like other citizens. A two member bench headed by Chief Justice Iftikhar Muhammad Chaudhry with Justice Ghulam Rabbani was hearing a constitutional petition against molestation and humiliation of eunuchs and restoration their fundamental rights, filed by Dr Mohammad Aslam Khaki versus SSP operation Rawalpindi.
The bench in its order observed that no discrimination was possible against transgender as far as their rights and obligations were concerned. "Needless to observe that eunuchs in their own rights are citizens of this country and subject to 1973 Constitution, their right to life and dignity is equally protected", the bench added.
The petitioner along with Almas Bobi, President Shemale Rights of Pakistan, appeared for petitioner while senior law officers and government officers also appeared for federation and its provincial units. The court was informed that NADRA in compliance with apex court directions have shown significant progress in recording parentage and sex of the eunuchs and efforts were underway to make the process error-free.
The court observed that it is an important issue and NADRA should make all out efforts to give national identity cards to eunuchs so that their status in the society is recognised properly. The bench appreciated the efforts made by KP, Punjab and Sindh, adding that it expected Balochistan government would also protect the life and property as well as the dignity of eunuchs accordingly.
The bench directed to dispatch copies of the orders to provincial governments through secretaries' social works department including commissioner Islamabad along with social welfare & special education ministry for implementation of the court directions in this regard and submit report on next hearing. The bench pointed out that action taken by police in complaints against eunuchs is not intimated to SC registrar. The apex court redirected all PPOs and the IG Police, Islamabad to implement the SC order issued on August 17, 2009 in letter and spirit.
The bench noted that there exists some communication gap between the administration and eunuchs perhaps for the reason that they have no representation or a focal person. To bridge the gap, the apex court directed secretaries' social welfare and special education, Islamabad to adopt a strategy and appoint one or more focal persons from among eunuchs to interact with the administration. The court adjourned the hearing for four weeks with directives to the concerned authorities to submit progress report on the issue before the next hearing.