Transgender

2024 PLD 122 ISLAMABAD Judicial Precedent

S. 63Transgender Persons (Protection of Rights) Act (XIII of 2018), Ss. 2(1)(f) & 3Constitution of Pakistan, Art. 51Election disputeTransgenderRight to contest electionAppellant was aggrieved of acceptance of nomination papers of respondent who was a transgenderValidity

In dynamic landscape of democratic societies, principles of equality, justice and rule of law stand as the bedrock upon which inclusive governance is built

Within such framework, issue of transgender individuals' right to contest elections emerges as a crucial facet of ongoing pursuit of a more representative and equitable democracy

Nation's development and prosperity rests on upliftment of society in general and individuals in particular

Society can have socio-economic upliftment if all sections of the society are part of upliftment in the society

Discrimination, marginalization, and stigmatization are attached to lives of most persons living as transgender in Pakistan

Especially in developing countries, socially excluded communities are more vulnerable

Transgender community is one of the finest examples of such a group that remains lesser in the eyes of the law and is left behind in mainstream activities

Though visibility of transgender people is increasing in daily life, they are still discriminated against, disrespected, and downtrodden

One of the main challenges faced by transgender people is how to live a normal life in a society that maintains rigid gender norms and beliefs

In a society dominated by two prominent genders, representation of transgender persons at local, provincial and national levels is crucial

Provision of Art. 51 of the Constitution provides that every citizen of Pakistan having attained the age of eighteen years, if his name appears on electoral roll, is entitled to vote, unless declared by a Court to be of unsound mind

Constitution and the law focus on the expression "citizen" so as to exercise right of vote and to be elected to hold public office

Provisions of the Constitution and law to the extent of General Seats of the National Assembly are gender neutral

Individuals of transgender community are constitutionally and legally qualified to contest elections

Appeal preferred against Federal Shariat Court's judgment concerning Transgender Persons (Protection of Rights) Act, 2018, remained suspended by operation of Constitutional provision i.e. Art. 203D of the Constitution

High Court declined to interfere in the matter as the appellant was not a registered voter of the constituencies - NA 46 & NA 47, and had not filed objections at the time of scrutiny before concerned Returning Officer

Appeal was dismissed, in circumstances.

2018 PLD 54 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

IdentityUnknown parentage

Petitioner was a transgender (eunuch) and authorities declined to renew his computerized National Identity Card on the ground that his parentage was not known and he referred to the name of his guru

Validity

Gender identity was one of the most fundamental aspects of life which referred to person's intrinsic sense of being male, female or transgender

Every one was entitled to enjoy all human rights without discrimination on the basis of gender identity and recognition every where as a person before law

High Court observed that mindset of the society needed change and to realize that a person of diverse gender identity should also enjoy legal capacity in all aspects of life

Transgenders/eunuchs were as respectable and dignified citizens of Pakistan as any other person and they were also entitled for all Fundamental Rights including right of education, property and right of life which included quality of life and livelihood

Transgenders could not be deprived of their rights including right to obtain Computerised National Identity Card or citizenship for mere reason that they were transgenders/eunuchs and did not know whereabouts of their parents without any fault of their own

Public functionaries and policy makers were desired to be more sensitive towards restoring dignity of transgender community rather adding to their existing plight

High Court directed that copy of present judgment along with copy of policy be forwarded to all concerned including the Federal as well as Provincial Secretary Law, to circular the judgment widely within Pakistan so as to ensure that maximum members of transgenders community be benefited; Chairman PEMRA shall also ensure that clause 2 of the policy for launching awareness compaign be implemented through all modes of communication

Constitutional petition was allowed in circumstances.