NADRA cancels Rule 13-1 allowing gender change under the Transgender.
NADRA Cancels Gender Reassignment Rule, A two-member bench of the Federal Shariat Court (FSC), together with Acting Chief Justice (CJ), Syed Muhammad Anwar, and Justice Qasim Ali Shaikh, heard the case concerning the above-mentioned Act.
The bench was advised that the NADRA’s Chairman, Tariq Malik, has authorized the removing of the gender change provision
During the hearing of the case associated to the rights of transgender people, a two-member bench was knowledgeable that the Nadra chairman had approved the abolition of the clause whereas approval could be obtained in a board meeting inside a month.
FSC Bench
The FSC bench, comprising Acting Chief Justice Syed Muhammad Anwar and Justice Qasim Ali Shaikh, rejected the request from Kamran Murtaza, the counsel for the Jamiat Ulema-e-Islam for issuing notices to the provinces, saying that the matter pertained to the federation.
At the outset of the hearing, the lawyer for the Human Rights Ministry knowledgeable the bench that the court’s order was sent to 39 ministries, out of which 5 to 6 ministries had responded, saying that there was no transgender worker there.
However, Justice Shaikh expressed his displeasure with the reply, asking that while the court was sending reminders after reminders however was there any implementation of the court order? The lawyer assured the bench that full details could be introduced within the court on the following hearing.
NADRA cards
The counsel for NADRA advised the courtroom that Rule 13 of the NADRA laws relating to NADRA cards was being abolished. On this regard, he added, the NADRA chairman had given his approval, however the last approval from the board was but to be taken.
Justice Shaikh asked about the meeting schedule. The lawyer replied that under regular circumstances, the meeting was held as soon as each month. Justice Shaikh mentioned that the agenda and minutes of the assembly could be reviewed within the case.
Senator Mushtaq’s lawyer argued that the matter must be gauged in a authorized and religious light whether one can decide their very own sex.
He added that the act has the word transgender in it but the exact meaning needs to be clarified.
They further argued that under the law any transgender person has the proper to resolve their very own gender, whereas the Holy Quran and Sunnah don’t allow one to find out their very own gender.
Furthermore, the lawyer furthered that even international law doesn’t allow one to decide on their gender themselves.
Senator Mushtaq told the court that he had earlier submitted an amendment to the Transgender Act, and has now presented a new bill within the Senate, which has been sent to the committee for evaluation.