SHC dismisses plea against transgender persons rights act

The Sindh High Court (SHC) has dismissed a petition filed against the enactment of the Transgender Persons (Protection of Rights) Act 2018. Samira Mohammadi said in her petition that the impugned act is ultra vires to the constitution and Islamic ideology.

She claimed that recognising the gender identity of such persons, the act is contrary to social and cultural norms, and violates Article 14 of the constitution, as doing so offends the dignity of man.

After hearing the petitioner, an SHC division bench comprising Justice Arshad Hussain Khan and Justice Yousuf Ali Sayeed said that the act’s perusal reflects that it was enacted to provide protection, relief and rehabilitation of the rights of transgender persons.

The court said that substantive sections of the act provide for the recognition of their identity, prohibition against discrimination and harassment as well as further protection of the right of inheritance, education, holding of public office, access to public places, and ownership and holding of property.

The judges said they are unable to discern any valid ground, and the entire crux of the matter as argued by the petitioner even otherwise revolves around the assertion that the act is contrary to Quranic injunctions and Islamic values, hence the legislature is not competent to pass such a law.

The bench said that such a ground does not fall within the high court’s jurisdiction under Article 199, and that it would, if at all, fall within the Federal Shariat Court’s domain under Article 203-D. The court said the petition was not maintainable and dismissed it in limine (at the outset).

Missing girl

The SHC issued notices to the provincial advocate general and police chief among others on a petition filed against the disappearance of a 14-year-old girl from the Bin Qasim Malir area. Tahira said in her petition that her daughter Misbah Hussain has been missing since June 26, and that a case with regard to her disappearance has been lodged at the police station concerned.

She said the police have failed to recover the girl despite the registration of an FIR, adding that no efforts are being made by the police to ascertain the whereabouts of her daughter. She requested the court to direct the police and the police chief to make swift efforts for the immediate recovery of her daughter and give her into the petitioner’s custody.

After the preliminary hearing of the petition, the court directed the AG, the police chief, the Rangers director general and others to file their comments on the petition on the next date of hearing.