Transgender community challenges Shariat court’s decision in SC

ISLAMABAD: The transgender community and civil society have challenged the recent decision of the Federal Sharia Court (FSC) in the Supreme Court of Pakistan that struck down a statute intended to protect the rights of transgender individuals and found that certain of its provisions violated Islamic edicts

The FSC had declared that certain sections of the Transgender Persons (Protection of Rights) Act 2018 – including those pertaining to gender identity and the right to inherit – contradicted Islamic law, while detractors blasted the law for using transgender rights as a pretext to legalize gay and lesbian rights.

A petition filed in the Supreme Court by Nayab Ali, director of Transgender Rights Consultants Pakistan (TRCT) and Muhammad Sarim Imran contended that the FSC has denied rights to identity to an entire community and “thrown them to the wolves”.

It noted that the parliament via the enactment of the said law sought to own and integrate the marginalized community into the society and give it protection but lamented that the FSC’s decision harmed the members of the community already disowned by their families as well as the society.

“That the verdict has ordered the transgender persons be disowned. With their backs to the wall, the transgender community will be forced to conclude that the society, the state and its institutions are a warpath against them and that they are victims of genocide by the state.

That unable to stand up the transgender community indeed will face genocide like situation,” the petition read.

It said that the fears about the spread of sexual vices in society are exaggerated and misplaced.

“Homosexuality and lesbian are sexual behaviours. A perfect Male, a perfect Female and a Transgender person (X) also are susceptible to delinquent sexual behaviour and has nothing to do with the Transgender Person (Protection of Rights) Act 2018 or with the Rules made there under.”

It said that homosexuality was strictly forbidden and criminalised under section 377 of PPC which states: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which (shall not be less than two years nor more than) 10 years, and shall also be liable to fine.

It further emphasised that the interpretation of Quran and religious injunctions should be based on knowledge and logic “and empathy is shown particularly towards the marginalised, wretched of the earth”.