ISLAMABAD: Federal Shariat Court (FSC) has said the situation faced by transgender children in Pakistan was a scar on the face of society.

A two-member bench of the FSC, comprising Chief Justice Dr Syed Muhammad Anwer and Justice Khadim Hussain Shaikh on Tuesday heard a set of petitions challenging the Transgender Persons (Protection of Rights) Act, 2018.

The FSC chief justice also emphasised the state’s responsibility to protect transgender children since they were exposed to exploitation by criminals.

“It was unfortunate that these children were abandoned by their own families and as a result, they are abused by criminals and fall prey to paedophiles and other predators in our society,” CJ Anwer remarked.

He added the lives of trans people become more miserable as they turn old.

During the hearing, a representative from the ‘khwaja sira’ community expressed concerns over the worsening situation of the community in the country.

The chief justice asked the representatives of the Ministry of Human Rights about the overall conduct of the society towards the trans community. However, the ministry failed to provide a ‘satisfactory’ response to the query.

While expressing dissatisfaction over the explanation, the court directed the ministry to provide a ‘rational response’ in the next hearing.

The ministry has also been directed to submit a report by Dec 15 on facilities for the protection of children born with some defects in their sexual organs.

The chief justice further remarked that Section 6(a) of the Transgender Persons (Protection of Rights) Act, 2018, bounds the government and the human rights ministry to ensure the rescue, protection and rehabilitation of transgender persons and provide medical, psychological and counselling facilities.

There should be protection homes for intersex children abandoned by their families and older persons falling under the category of intersex (Khusra) as defined in section 2(n)(i) of the act.

Transgender rights activists Bubli Malik and Nayab Ali; Nadra, human rights ministry, Benazir Income Support Programmes and Karachi-based “Gender Interactive Alliance” (GIA) appeared as respondents in the court.

Religious parties’ representatives also attended the proceedings while another transgender rights activist Reem Sharif filed an application to become a respondent in the case.

She also sought two weeks to present scientific and medical arguments for the identification of trans people, who were undeveloped males or undeveloped females due to birth defects.

The court granted her application to present the arguments in two weeks.

The National Assembly enacted the law to provide legal recognition to transgender persons and ensure that discrimination against transgender persons in various walks of life shall be punishable in May 2018.

The law also enabled trans people to be recognised as they perceive themselves and register with government institutions as transgenders.

Hailed as a ‘landmark’ law that offered protection to a marginalised community, the legislation however was embroiled in litigation scrutiny since it was passed by the two houses of the parliament.

A set of petitioners challenged the law in 2021 on grounds that it was “repugnant to Islamic injunctions”.In September 2022, a fresh set of petitions were filed against the law in the FSC.

Published in Dawn, December 14th, 2022