Transgender Persons Protection of Rights Act, 2018: FSC issues notice to AGP

ISLAMABAD: The Federal Shariat Court (FSC) said the society must respect the rights of transgender persons and issued notice to the Attorney General for Pakistan.

A three-judge bench of FSC, headed by Chief Justice Noor Mohammad Meskenzai, on Wednesday, heard the petitions to examine whether the provisions of the Transgender Persons (Protection of Rights) Act, 2O18 are in accordance with the Islamic principles.

Pakistan Muslim League-Nawaz government had promulgated the act in light of the Supreme Court judgment for the protections of transgender rights.

Transgender people constitute one of the most marginalised communities in the country and they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities, and so on.

The Supreme Court in 2OO9 delivered a judgment stating that no Pakistani laws provide room to disenfranchise “eunuchs”, from their fundamental rights.

The FSC observed that one petitioner stated the law will promote homosexuality in the country; therefore, demanded that Transgender Persons (Protection of Rights) Act, 2O18 be declared null and void, as it usurps the rights of the transgenders.

The Court said transgenders are also citizens of Pakistan and have fundamental rights like other citizens of the country.

The Chief Justice said that the transgender persons have right to maintain their dignity.

Orya Maqbool Jan, a columnist and analyst, appeared before the bench and prayed to become a party in this case.

The Chief Justice asked Orya Maqbool had he come from Lahore for this case.

The columnist replied that he is ready to appear before the bench on a daily basis.

Orya Maqbool submitted as the case pertains to fundamental rights and of public interest; therefore, likes to cite laws of 98 countries regarding the matter.

He requested the bench to issue notice to the Attorney General of Pakistan as this is a very important case.

The bench accepted his prayer to implead party in the case and to issue notice to the AGP, Khalid Jawed Khan.

Ayesha Mughal, a transgender, said she is MPhil and a lecturer in a college.

She pleaded with the court to give an opportunity to present her arguments.

The Chief Justice said they would not decide the matter without hearing all the parties.

“We shall hear all the parties before deciding the case,” he added.

The court ordered the parties to submit a written submission on the next date, and adjourned the case until November 20, 2021.

Copyright Business Recorder, 2021