The Peshawar High Court (PHC) on Thursday directed the administration of Hayatabad Medical Complex (HMC) to facilitate a young woman who wants to undergo sex reassignment surgery (SRS) to become a man.

The order was issued by a division bench comprising Justice Qaiser Rasheed and Justice Naeem Anwar, which heard a petition filed by the woman seeking the court's nod for the surgery.

The case was argued at length in today's hearing in light of the Constitution, transgender rights act and other medico-legal aspects.

The HMC legal adviser, Advocate Mansoor Tariq, was consulted regarding the petition and the legal points involved therein.

Representing the petitioner, senior lawyer Saifullah Muhib Kakakhel argued that it is the woman's constitutional right to opt for any surgery or procedure to change her sex as per her desire.

The petitioner was diagnosed with gender dysphoria, a condition that involves a conflict between a person’s internal gender identity and the biological sex assigned to them at birth, and it can be treated through SRS, the lawyer said.

He informed the court that his client has felt and acted like a male since childhood but her outward appearance is that of a female, and because of the mental distress she has suffered due to the condition, she wants to have her sex changed.

Kakakhel said his client has to make her own choices and the law only facilitates people and not withhold their rights.

He also argued that the parliament had recently passed the Transgender Persons (Protection of Rights) Act, 2018, and her desire to change her sex is covered under Section 2 of the Act.

Justice Rasheed, who was heading the bench, inquired from the lawyer why they had approached the court regarding the surgery and not the hospital.

At this, the counsel informed the court that his client could face several legal complications after the surgery such as changing her name and sex in her CNIC and regarding inheritance issues, therefore they sought the court's prior approval.

After examining the case from all constitutional aspects, the bench ordered the HMC to facilitate the petitioner and present a report within three months on the following points:

• Sexual status of the petitioner and whether it is possible for her to undergo sex reassignment surgery.
• Medico-legal aspects of the case.
• Technicalities and risk factor involved in the surgery to the life of the petitioner.
• How the hospital can facilitate the petitioner.

In November 2018, a similar petition was filed in the PHC by a 22-year-old woman seeking permission to undergo SRS, but the application was reportedly withdrawn later.

In 2015, a resident of Kohat transitioned from female to male after undergoing surgery at a local hospital and got engaged to a childhood friend after a successful transition.

In the same year, two sisters in Chakwal had a sex change after doctors declared them male following a physical examination.