Does rights ministry endorse homosexuality, same-sex marriage, asks FSC judge

The Federal Shariat Court (FSC) grilled the Federal Ministry of Human Rights on Thursday over the response submitted regarding the Transgender Persons (Protection of Rights) Act 2018.

A three-member bench of the Shariat court headed by Chief Justice Mohammad Noor Meskanzai was hearing the case.

The CJ summoned the director-general of the HR ministry seeking explanation over the response submitted by the ministry.

Justice Dr Syed Muhammad Anwar asked if the human rights ministry was endorsing homosexuality. The judge also questioned the legal adviser of the ministry over the response.

Justice Anwar said the ministry's reply mentioned Yogakarta. “Do you know what Yogakarta is,” he rhetorically asked. “It is a law that seeks to end legislation against same-sex marriage across the world,” he went on to add.

Justice Anwar said the government also mentioned LBGT rights in its response. “Who wrote this letter,” he further asked. “Do you know what LGBT rights are,” the judge asked the legal adviser. “Is the Ministry of Human Rights supporting LGBT rights in Pakistan,” Justice Anwar questioned.

The Transgender Persons (Protection of Rights) Act 2018 is designed to protect transgender people, Justice Anwar said, adding that the response made it seem like the government wanted to end the protections granted to the trans people.

He said if the director general failed to clarify the response then the government will summon the secretary and the HR minister in the case. Justice Anwar said the court cannot “copy-paste” its response from the internet and submit it to the bench.

The case was adjourned till Friday.

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The petitioners in the case are trans lecturer Ayesha Mughal, Bubbly Malik and Orya Maqbool Jan. Jan had argued against the bill at the last hearing, claiming that the bill was a "first step towards same-sex marriages".

During a hearing in October last year, the court had also sought the help of the attorney general in the matter.

In 2018, the National Assembly had passed the controversial The Transgender Persons (Protection of Rights) Act, 2018 that aims to help the marginalised community to get their rights but has some provisions which are declared as un-Islamic by certain quarters.

Prior to the voting on the bill, which aims to ‘provide for protection, relief and rehabilitation of rights of the transgender persons’, MNA Naeema Kishwer of Jamiat Ulama-e-Islam (JUI-F) had said there were some serious flaws in the bill that need to be rectified.

She had suggested that the bill should be referred to the standing committee for detailed review and deliberation. She also moved a motion and amendments to refer the bill to the Council of Islamic Ideology (CII) and the standing committee but these suggestions were rejected.

In November last year, a Jamaat-e-Islami senator had sought amendments in the bill. He sought the formation of a medical board that would recommend whether a person's gender should change, instead of them seeking a reassignment on the basis of their personal identity.

Opposing the bill, Human Rights Minister Shireen Mazari had said the proposed amendment was aimed at "victimising" transgender persons as the current law gave them the right to identity.