The Federal Sharia Court has approved the application filed by Jamiat Ulema-e-Islam (JUI) to become a party in the case against the Pakistan Transgender Persons (Protection) Act filed by Jamaat-e-Islami.
Acting Chief Justice Syed Muhammad Anwar heard the case on Monday.
The Chief Justice asked JUI’s lawyer Kamran Murtaza whether the party is involved in the legislation. He replied that JUI was part of Parliament but had no role in it.
Was it not your responsibility to review the bill before turning it into legislation? Justice Anwar asked the question. Why are you asking this question now?
The JUI lawyer said the party wanted to challenge the gender reassignment clause.
Justice Anwar replied that you are quoting the wrong provision, it seems you have not read the Act.
When Murtaza mentioned that an amendment bill had been tabled in the Senate, Justice Anwar replied, “Do you know that when you make it a law, it can be misused?”
He said that you should have spoken in Parliament.
However, the court granted JUI’s request and adjourned the hearing till October 18.
Controversy over Transgender Persons Act 2018, National Assembly passes Transgender Persons (Protection of Rights) Bill.
The law states: “Every transgender person, being a citizen of Pakistan, who has attained the age of eighteen years, shall register with NADRA on CNIC, CRC, driving license as per their self-identified gender identity. and passport as per provisions of NADRA Ordinance 2000 or any other relevant laws.
Critics, including religious leaders, claim that the law is against the principles laid down in Sharia.
In November 2021, Senator Mushtaq – who was an outspoken opponent of the bill – introduced an amended bill in the upper house of parliament.
The amended bill calls for the creation of a medical board that would decide whether a person should be reassigned, rather than reassignment based on their self-identified identity.
The bill recommends formation of such boards at the district level after the approval of the Prime Minister and the provincial chief ministers. Each board will consist of one professor physician, one psychiatrist, one male general surgeon, one female general surgeon, and one chief medical officer.
The bill is still pending.
