The Federal Shariat Court (FSC) on Friday said that members of the transgender community were a suppressed class, and their case should not be linked with ‘homosexuality’, reported 24NewsHD TV channel.   

A three-member bench of the FSC, headed by Chief Justice Muhammad Noor Meskanzai, heard the petition, seeking provision of rights to the transgender as well as permission to change one’s gender. Justice Syed Muhammad Anwar expressed the apprehension that the principle of Yoga Karta, that opposes legislation against same-sex marriages, the Ministry of Human Rights was relying on in the case in fact promoted homosexuality. “And I don’t think that the federal government supports gay culture,” he remarked. 

Ministry of Human Rights Director General (DG), who represented the government in the case, dispelled the impression that the reply submitted by the ministry to the court in any case supported ‘homosexuality’. “And if the court permits, we are willing to introduce changes to our reply,” he said, adding that neither the ministry nor the state could even contemplate of condoning same-sex relationships in the society.  

Justice Anwar replied as to why the government was linking the rights of eunuchs with that of homosexuality. 

He was of the opinion that the Council of Islamic Ideology (CII) was not consulted prior to the enactment of the law on the rights of transgender. “Why did the ministry lie to the court that it had received an input from the CII before drafting the law?” the judge questioned, and asked the DG not to lie at least in the written replies submitted to the courts of law. “There will be no issues, if the government starts implementing the CII’s suggestions,” he opined.

He added that no other religion had given more rights to members of the transgender community than Islam. 

Directing the government to submit an amended reply in the case on the next hearing, the FSC then adjourned the hearing for two weeks.  

Reporter Amanat Gishkori