Petitioner seeking court’s permission for gender reassignment surgery

Islamabad:In a first ever case of its kind before the Islamabad High Court (IHC), a 28 years old lady Yusra Waheed has filed a petition seeking court's permission to change her gender as doctors advised her gender reassignment surgery.

She has also prayed to the court to direct relevant government institutions to change her gender status in CNIC, voter list, education documents, etc. Justice Minagul Hassan Aurangzeb heard in this matter here on Tuesday and put of hearing till March 8 for further arguments.

Petitioner Yusra, a resident of Sector F-11/3, Islamabad has cited Federation of Pakistan through secretary ministry of interior, secretary education, secretary health and National Database Registration Authority (Nadra) as respondents.

Petitioner through her counsel Raja Rizwan Abbasi advocate adopted before the court that she was born on January 30, 1990. At the age of 8 years, her father died due to kidney failure and later her mother, brought her up and she also died due to sudden cardiac arrest. She was then taken care by an elder sister who worked hard to meet household expenses. That the petitioner completed her O-level from Abbottabad and earned a Bachelor's degree from University of London through distant learning programme in 2016. Thereafter she kept working with a law firm as associate lawyer.

Giving background of her medical conditions, petitioner submitted that she started feeling abnormalities, mental and psychological disorder in her personality at the age of 13. She was examined by different doctors and ultimately they diagnosed that she is suffering from gender dysphoria. Doctors suggested her gender reassignment surgery to be performed by the expert doctors.

Afterwards, the petitioner remained under severe depression, mental stress and visited a consultant psychiatrist who in her findings concluded that "Yusra meets the criteria for gender identity disorder ICD-ID (Gender Dysphoria-DSM-Y) with co-morbid depression". Another consultant plastic and cosmetic surgeon Dr Naveed Akhtar in his report suggested that "Yusra visited his clinic with the feeling of and believing in being a male locked in opposite gender. She is regularly menstruating and has normal secondary sexual characters of a female. Examination findings were consistent with normal well developed female. Gender reassignment surgery can be performed in stages and I have explained to her the details of every stage and intent of surgery. I have also explained to her that once she is clearly diagnosed and labelled as a patient of Gender Dysphoria by the psychiatrist with approval and suggestion of gender re-assignment surgery, she will need to seek legal procedure to get her decision validated and permitted by the court of law in accordance with the prevailing rules and regulations the matter.’

After another visit to the doctor, the petitioner was suggested with gender re-assignment surgery and she attached the medical report with the petition.

Petitioner contended that her name is enlisted with her present gender in voter list, education documents and CNIC, etc. Once her gender is changed, it is required to change all the documents that needs approval from the court.

Petitioner said that doctors are ready to operate upon her but there are certain legal impediments. Petitioner has prayed to the court to allow her gender re-assignment surgery and also direct the respondent Nadra and education officials to change her status afterwards.