The Federal Shariah Court ruled on Friday that transgender people in Pakistan aren’t allowed to self-identify as either male or female according to their personal preferences. A bench headed by Justice Khadim Hussain and Interim Chief Justice Syed Muhammad Anwar delivered the verdict.
The Transgender Persons (Protection of Rights) Act, 2018, which was approved by the National Assembly three years ago, was the subject of petitions that led to the decision.
The Transgender Persons (Protection of Rights) Act aimed to give transgender people in Pakistan equal rights and legal recognition. They were given the freedom to select their gender identity in accordance with how they saw themselves, and it was also possible for them to change how their gender was listed on official government documents.
However, organizations like the JUI-F (Jamiat Ulema-e-Islam-Fazl) and others opposed the act, claiming that it violated Islamic law (Shariah). They argued that no law in the nation should be in contravention of the Quran’s and the Sunnah’s teachings.
The Federal Shariah Court has now rejected the provisions of the Transgender Persons (Protection of Rights) Act, 2018, pertaining to self-identification and gender changes on official documents, as a result of the challenge.
The court’s ruling has sparked debates and caused worry among advocates for transgender rights and human rights. They contend that the decision jeopardizes the rights and dignity of transgender people and reverts the gains made in the direction of inclusivity and the acceptance of gender diversity.
It is significant to note that societal attitudes toward gender identity are constantly changing, as is the interpretation and application of laws pertaining to transgender rights.
The Federal Shariah Court’s ruling is a significant development in Pakistani law that could have an impact on the rights of transgender people there.
How this decision will affect transgender people in Pakistan and whether there will be additional legal challenges or advocacy campaigns to uphold their rights are still to be determined.
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