Gulf Today

Trans activists to appeal FSC ruling against law

-

Karachi:transgende­r activists in Pakistan said they plan to appeal to the highest court in the land an Islamic court’s ruling that guts a law aimed at protecting their rights.

The Transgende­r Persons (Protection of Rights) Act was passed by Parliament in 2018 to secure the fundamenta­l rights of transgende­r Pakistanis. It ensures their access to legal gender recognitio­n, among other rights.

The Federal Shariat Court (FSC) on Friday struck down several provisions of the landmark law, terming them “un-islamic.”

It ruled that a person cannot change their gender on the basis of “innermost feeling” or “self-perceived identity” and must conform to the biological sex assigned to them at the time of birth.

“We absolutely intend to appeal the court’s findings to the Supreme Court, and we will prevail,” said Nayyab Ali, executive director of Transgende­r Rights Consultant­s Pakistan, at a news conference on Friday.

Ali said the transgende­r community was “mourning the decimation” of Pakistan’s first transgende­r rights protection legislatio­n in response to the Islamic court’s finding.

However, clerics and representa­tives from religious parties say the law has the potential to promote homosexual­ity in the country.

The FSC ruled that the term “transgende­r” as it is used in the law creates confusion. It covers several biological variations, including intersex, transgende­r men, transgende­r women and Khawaja Sira.

It also rejected a clause in the law in which the country’s national database and registrati­on authority permits the change of a person’s biological gender from the one they were assigned at birth in identifica­tion documents including driving licences and passports.

It said permiting any person to change their gender in accordance with his or her inner feeling or self-perceived identity will create “serious religious, legal and social problems.”

For example it will allow a transgende­r woman — a person who is biological­ly male

— to access social and religious gatherings of females or women-only public places, and vice versa, it said.

“This law will pave the way for criminals in society to easily commit crimes like sexual molestatio­n, sexual assault and even rape against females in the disguise of a transgende­r woman,” the court ruled.

 ?? Associated Press ?? ↑
Members of Pakistan’s transgende­r community gesture during a protest in Karachi on Saturday.
Associated Press ↑ Members of Pakistan’s transgende­r community gesture during a protest in Karachi on Saturday.

Newspapers in English

Newspapers from Bahrain