Detailed judgment
PESHAWAR: The Peshawar High Court (PHC) has directed the provincial government to reserve quota in jobs as per the government’s policy or decision for transgender community of Khyber Pakhtunkhwa.
In a detailed judgment of the PHC in a writ petition of the transgender community, a division bench headed by Chief Justice Yahya Afridi, declared that the petitioners along with other transvestites in Khyber Pakhtunkhwa are to be dealt with in accordance with the policy/decision of the provincial government related to jobs in government departments to the transgender community.
Riaz alias Farzana, president of TransAction KP and Fata (an association of shemales), had filed the petition through her lawyer Gul Rahman Mohmand. Additional Advocate General, Waqar Ahmad Khan, appeared for the provincial government, Mansoor Tariq, Assistant Attorney General for federal government, and Muhammad Mubarak Jan, Assistant Director (Legal), Nadra, appeared in the case.
As per the judgment, it was stated that the petitioners seeking direction to respondents to reserve quota in service as per policy of the KP government, Social Welfare Department May 2012 as well as for the whole Pakistan according to their strength.
“Counsel for the petitioners could not provide the court for perusal the purported policy of the provincial government upon which the petitioners were seeking their entire claim. In fact, the worthy Secretary, Social Welfare has, in the comments, categorically denied the provision for any quota for the transvestites in government service of Khyber Pakhtunkhwa,” the decision stated.
However, it said the provincial government has explained the petition and submitted that it was a mere announcement by the then minister for Social Welfare about 2 percent quota in jobs for the transgender community, as such no law/policy is in vogue whereby 2 percent quota has been reserved for the Transgender.
Furthermore, it said, the provincial government explained that an amount of Rs200 million had been earmarked in the current year’s ADP 2016-17 for vocational training, financial assistance and provision of psychosocial support and other health facilities to the transgender.
“The scheme also includes provision for conducting survey of the transgender through Bureau of Statistics,” the government explained, adding that a committee has also been constituted by the chief minister under the chairmanship of advisor to chief minister for Information and Higher Education to look into the issues of transgender including registration.
About direction to the respondents to amend the census form by adding a new column for transgender community, the court stated that assistant attorney general apprised the court that the concerns of the petitioners would be redressed in view of the recent decision of the apex court on this issue.
Regarding direction to issue CNICs to the transgender community, including mentioning their status as male/female transgender or intersex (in between them), the court stated that the Assistant Director (Legal), Nadra, submitted at the bar that the grievance of the petitioners to this extent in the light of policy/letter dated 14.11.2011, has been redressed.
As per the issued policy, it said “Applicant intends to apply in EUNUCHS category will be processed without any Medical/ NCRDP/ PCRDP Certificate as per their desired gender i.e. Male Khawaja Sira, Female Khawaja Sira or Khunsa-e-Mushkil.”
It was further stated in the policy that applicant with known biological parents will only be entertained processed. And the applicants, who have already obtained their computerised national identity cards prior to implementation of this standard operating procedures, will be allowed to modify gender as per their desire.
