State should protect transgender children: FSC

Court seeks report from human rights ministry by December 15

ISLAMABAD:

The Federal Shariat Court (FSC) on Tuesday noted that there should be exclusive protection homes for “intersex” children, who were abandoned by their families, as well as for the older people falling under the same category as defined in Section 2(n)(i) of the Transgender Persons (Protection of Rights) Act, 2018.

A full bench of the FSC comprising Chief Justice Dr Syed Muhammad Anwer and Justice Khadim Hussain Shakih was hearing a petition filed by a member of the transgender community.
During the hearing, a transgender community member expressed their concerns over their worsening situation.

The FSC chief justice inquired about it from the representatives of the human rights ministry. However, they were unable to provide a plausible explanation. The FSC chief justice expressed his concern over the matter and was dissatisfied with their explanation.

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He observed that unfortunately, the children belonging to the transgender community had abandoned by their own families. He added that as a result, they were abused by criminals and fell prey to paedophiles as well as other predators in society.

“This is a scar on the face of this society,” he added.

He noted that the lives of these people became more miserable as they turned older.

The FSC CJ remarked that Section 6(a) of the Act made it compulsory for the government and human rights ministry to ensure the rescue, protection and rehabilitation of transgender people in addition to providing medical facilities, psychological care, counselling, etc to them.

The bench observed that the Almighty had bestowed dignity on every human being and this was the belief stated in the Holy Quran.

It added that this belief had also been enshrined in the country's Constitution.

The FSC directed the human rights ministry to submit a report by December 15, showing whether or not there was any facility for the protection of children born with some defects in their sexual organs.

Separately, the FSC also heard a petition on the practice of preventing daughters being given away from family property by gifting them to male children.

The same bench heard the matter. The case was argued by Advocate Dawood Iqbal on behalf of the petitioner. The lawyer stated that the practice of depriving daughters from the family property was a grave injustice and violative of several hadith of Holy Prophet Muhammad (PBUH) and hence, should be declared repugnant to the injunctions of Islam.

He further argued that in Islam, the act of gifting property to one's children was conditional on the fact that it was distributed equally among them and none of the children, particularly daughters, were deprived of it.

The counsel, while placing reliance on commentaries of Islamic jurists, argued that the religion had legalised certain forms of conduct and prohibited others in accordance with the benefit or harm they led to.

“When a particular act or form of conduct brings about a result which is contrary to the objectives of Islam, then the latter would be held to prevail over the former,” he added.

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The lawyer said as the act of gifting the entire property to male children by depriving daughters of the same benefit violated the basic purpose of Shariah, therefore, it must be blocked and declared to be repugnant to the injunctions of Islam.

The bench, after hearing the arguments of the counsel, issued a notice to the federal government and law ministry.

The matter was taken up by the FSC CJ on an application received by the court’s human rights cell.