ISLAMABAD: The Islamabad High Court (IHC) issued notices to the Ministry of Human Rights on the petition of a girl, who was born with "gender identity disorder" and intended to become a boy after having a medical operation.
A single bench of Chief Justice Athar Minallah, on Thursday, heard the petition of Huma Ishaque, born with "gender identity disorder".
The court directed the secretary Ministry of Human Rights to nominate an authorised officer who shall contact the petitioner to inquire about his grievances.
The secretary was further directed to submit a report, inter alia, explaining why the federal government has failed in fulfilling its obligations under the Transgender Persons (Protection of Rights) Act, 2018, particularly its section 6.
The Deputy Inspector General of Police (Operations), Islamabad was ordered to hear the petitioner and take measures for his protection from harassment and harm, and adjourned the case until October 5.
Huma has filed petition under Article 199 of the Constitution as he is aggrieved due to failure on part of the State to treat him as an equal citizen.
The petitioner asserted that he was born with "gender identity disorder" and that his guaranteed rights are being denied to him.
The counsel representing Huma argued that competent professional experts have declared that the petitioner was with "gender identity disorder".
He submitted that his client has a right to identify himself in accordance with his self-perceived identity, but members of the society, particularly, his loved ones have subjected him to extreme hardship and physical, as well as, mental agony.
The counsel stressed that the life of the petitioner and his wellbeing is at risk.
He referred to the relevant provisions of the Transgender Persons (Protection of Rights) Act, 2018 and contended that the federal government has failed in fulfilling its obligations, inter alia, described under Section 6.
The IHC chief justice noted that persons born with "gender identity disorder" require extraordinary care and protection in order to safeguard their constitutionally-guaranteed rights.
He added that the Act of 2018 was promulgated to ensure that the "gender identity" and "gender expression" of persons born with "gender identity disorder" are protected from being harassed.
Justice Minallah continued that the rights of such special persons were explicitly acknowledged and recognised 1,400 years ago by Islamic jurists such as Imam Abu Hanifa and other Imams.
"The Creator has created such persons in a particular manner and, therefore, it is for others to respect the creation and protect their rights. It is, therefore, a constitutional duty of the State and the public functionaries to ensure that complaints made by persons born with "gender identity disorder" are dealt with extraordinary care, so as to ensure that their rights are protected," maintained the IHC CJ.
He added that it appears from the grievances raised in the petition in hand, that the federal government has yet to fulfil its obligations, inter alia, described under section 6 of the Act 2018.
Copyright Business Recorder, 2021
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