Pakistans’s Shariah court strikes down provisions of transgenders’ rights law; activists to appeal

Transgender activists in Pakistan are planning to appeal a ruling by the Federal Shariat Court, which has struck down several provisions of the Transgender Persons (Protection of Rights) Act. This landmark law, passed in 2018, was aimed at safeguarding the rights of transgender individuals in the country, including access to legal gender recognition. 

The court, on Friday, deemed several provisions of the law "un-Islamic," and ruled that individuals cannot change their gender based on their "innermost feeling" or "self-perceived identity." Instead, as per the Federal Shariat Court, people must conform to the biological sex assigned at birth.

According to the court, the term "transgender" as used in the law creates confusion by encompassing various biological variations, such as intersex, transgender men, transgender women, and Khawaja Sira (those assigned male at birth but identify as female).

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The court also rejected a clause in the law that allows individuals to change their biological gender in official identification documents.

It expressed concerns about the potential "serious religious, legal and social problems" of allowing any person to change their gender in accordance with his or her inner feeling or self-perceived identity. To prove the point, it gave the example of a transgender woman (biologically male) and said giving such an individual to access female-only spaces and vice versa could facilitate criminal activities.

"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," ruled the court.

However, the court acknowledges that Islamic law recognises the presence of intersex individuals and eunuchs, and stated that they should be granted the same fundamental rights as outlined in the constitution for all Pakistani citizens.

The ruling has sparked protests and opposition from activists who argue that the legislation is not contradictory to Islamic principles. 

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Lawyer Sara Malkani emphasised that gender identity is not limited to a binary concept and that Islamic texts, including the Quran, do not prescribe specific behaviours based on gender. Malkani was speaking at an event organised by the Gender Interactive Alliance. 

Talking to the press on Friday, Nayyab Ali, executive director of Transgender Rights Consultants Pakistan, said that they "absolutely intend to appeal the court’s findings to the Supreme Court, and we will prevail".

On the other hand, clerics and representatives from religious parties oppose the law, claiming that it could promote homosexuality in a conservative Muslim-majority country. They are urging the Islamic court to annul the law. 

Critics, including the Human Rights Commission of Pakistan and Amnesty International, have expressed disappointment and alarm over the "regressive ruling", asserting that it seeks the "erasure of an entire demographic and its fundamental rights." 

They argue that rolling back the law will further marginalise and subject this vulnerable community to abuse.

However, surprisingly, some within the eunuch community have supported the court's decision. Talking to AP, Sana, a eunuch in Rawalpindi, believes the ruling is necessary to protect their community's access to employment opportunities, as she claims that many gay men are undergoing medical castration for opportunities under the job quota provided to eunuchs by the government.

(With inputs from agencies)


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