LAHORE: A lawyer has challenged the Transgender Persons (Protection of Rights) Rules 2020 before the Lahore High Court, saying they are ultra vires to the Constitution and exceed the executive powers of legislature.

Imran Javed filed a petition through Advocate Mudassar Chaudhry, pleading that the Transgender Persons (Protection) Act 2018 was against the Islamic injunctions and the moral values and dignity of men. However, the petitioner says, he has not challenged the Act since it is a sub judice matter before the Federal Shariat Court of Pakistan.

He contends that due to the outcome of the Act a committee ascertained the impugned rules which are unconstitutional, beyond the executive powers of legislature and in violation of his (petitioner’s) fundamental rights.

The petitioner states that section 3 of the rules has tied the hands of Nadra which shall register a person with his self-perceived gender identity. He further says that section 4 (b) of the rules allows biometric verification of a guardian (guru or other) of an applicant registered with Nadra, which is against the law of the guardianship.

The petitioner asks the court to set aside the impugned rules for being unconstitutional and beyond the scope of the executive.

Published in Dawn, October 21st, 2022