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Friday, June 14, 2024  
07 Dhul-Hijjah 1445  

Shariat court decision on Transgender Act challenged in SC

Petitioners say FSC exceeded its jurisdiction
An outside view of the Supreme Court building. AFP/File
An outside view of the Supreme Court building. AFP/File

Transgender activists Nayab Ali and Sarim Imran have challenged the decision of the Federal Shariat Court (FSC) in the Supreme Court that declared a few provisions of the Act to be in conflict with the Shariat law.

The FSC denied identity rights to the entire trans community, said petitioners and added that the legislation represented the consensus of the community.

Activist Nayab Ali tweeted that the trans community and the civil society filed an appeal against the FSC decision in Supreme Court on Saturday to “declare it null and void”.

“We seek protection for our community’s rights,” it added.

The petitioners went on to add that the law was enacted by elected representatives and that the FSC has apparently exceeded its jurisdiction.

In May, the FSC declared the Transgender Act 2018 as “null and void” citing the provisions of gender identity and inheritance rights to be in conflict with Shariat law.

They requested the apex court to annul the decision of the FSC.

Jamaat-e-Islami Senator Mushtaq Ahmad Khan vowed to defend the decision of the Shariat Court in the top court as well.

“The Transgender Act 2018 is a time bomb for our family system and values. It is cultural terrorism and cultural aggression. We will try to stop Western cultural aggression and terrorism on every front including the floor of Parliament, courts and media,” he wrote on Twitter.

The National Assembly in the last days of the PML-N government in 2018 enacted the Transgender Persons (Protection of Right) Act to provide legal recognition to transgender persons and ensure that discrimination against transgender persons shall be punishable.

It also provided them with basic rights such as obtaining driver’s licences and passports. It also speaks against the harassment and discrimination of trans people in the workplace, in their homes and in a public setting.

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Supreme Court

Transgender

transgender act

Sarim Imran

Nayab Ali

Mushtaq Ahmad Khan

Federal Sharia Court

Shariat Court