Protection of basic rights main issue: FSC

ISLAMABAD: The Federal Shariat Court Tuesday, while hearing petitions filed against the Transgender Act 2018, said that the basic issue was protection of fundamental rights and these should be ensured to all.

A two-member bench of the Federal Shariat Court, headed by acting Chief Justice Dr Syed Muhammad Anwar, heard the petitions filed for reviewing the Transgender Persons (Protection of Rights) Act, 2018.

The court accepted the pleas of Senator Mushtaq, Farhatullah Babar and Almas Bobby for becoming parties to the instant matter, directing them to submit their respective written formulations.

During the course of hearing, the counsel for the Ministry of Human Rights said that in pursuance of the court’s order, a letter had been dispatched to the Islamic Ideology Council. He said the role of the Ministry of Human Rights was to implement the law but it had no part in the legislation process.

The acting chief justice said that the basic issue was of fundamental rights, adding that these should be ensured to all. Orya Maqbool Jan told the court the whole National Assembly except three MNAs had passed the bill.

Senator Farhatullah Babar of Pakistan Peoples Party told the court that he was also an approver of the bill, adding that he wants to assist the court in this regard. He said three different private bills had been introduced to the National Assembly and two of them were clubbed.

Imran Shafique, counsel for the Jamaat-i-Islami’s Senator Mushtaq, said that a new bill was introduced to the Senate, adding nobody should be allowed to change his/her sex according to his or her will.

The counsel for an NGO, party to the case, told the court that certain things were mixed up in the Transgender Act 2018, adding that in fact a transgender has by birth complications which could be treated medically. He said that his organisation had successfully treated a large number of people with these complications.

Transgender Bubbly Malik told the court that there was a difference between their community and LGBT, therefore, it would be appropriate for the court to take input of sex experts. The acting chief justice then asked the transgender to name those experts.

Bubbly Malik said that Farzana Bari, Fatima Ehsan and others were available to assist the court.

Orya Maqbool Jan, however, said that a sex expert could only give his or her suggestion, adding that without a medical certificate, sex could not be determined.

During the course of hearing, the transgender requested the court to ban the social media debate on the transgender community.

The head of the Transgender Department of Islamabad Police said that three members of transgender community had been killed in Peshawar due to the social media debate, adding that hatred is being spread against the community on social media.

Transgender Almas Bobby told the court that the Supreme Court had appointed her focal person on behalf of the transgender community. She requested the court to make her party to the case. She informed the court that even she was not contacted when the instant bill was approved.

Meanwhile, the court accepted the pleas of the applicants for becoming parties to the matter, directing all the parties to submit their written formulations and adjourned the hearing for date-in-office (indefinite period).