Transgender identity

The Lahore High Court has in a detailed judgment taken several steps towards ensuring that transgender persons are able to obtain CNICs as per the ruling of the Supreme Court in 2009. The court was hearing a petition brought by a transgender person who stated s/he had been unable to have an ID card renewed after the ‘guru’ who was listed as the father passed away. The court noted in its judgment that such hurdles in the way of transgender persons had been placed under colonial era laws with eunuchs reduced to the status of beggars or other undesirable persons in society. The LHC held they must be given back their respect and dignity under Article 25 of the constitution which declares all Pakistanis are equal regardless of gender. The court has also urged the media and other relevant authorities to help create awareness about the rights of transgender persons.

Significantly, the court has laid down a number of guidelines to ensure transgender persons are able to obtain CNICs through a smoothly managed process. For those of unknown parentage the LHC has held they can list themselves either as orphans or name their ‘guru’ as their father. To eradicate the possible misuse of this provision the LHC has stated that six months after details have been entered a Nadra verification team will counter-check the data and issue a CNIC after this process is completed. A permanent CNIC naming a ‘guru’ would be granted after a year. The procedure laid out by the court will help clear confusion over how to fill out the columns regarding parentage for transgender persons, who have often been disowned by parents at birth. This problem has held back many from the transgender community in accessing the CNIC they are entitled to. In addition to an identity card, the ruling of the court regarding upgrading the status of transgender persons in society is important and needs to be taken forward. Even after the 2009 Supreme Court ruling, transgender persons continued to face discrimination in many forms with only a handful able to obtain dignified jobs. It is now the task of various government departments and also social groups working for the rights of individuals to launch a campaign which would help transgender persons to be recognised as equal members of society and reduce the stigma they currently face. This would be a giant stride towards ensuring for them safety and security in society.