The Federal Shariat Court (FSC) on Thursday directed the Ministry of Human Rights to constitute a child protection unit for transgender children to ensure the provision of due rights to them.

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

During the hearing today, the FSC chief justice remarked that the human rights ministry appeared not sincere in the provision of rights to transgender children.

He asked the counsel of the ministry to come prepared while attending the case hearings.

The judge directed the human rights ministry secretary to come in the next hearing with a complete report in connection to the case.

“Where will these children go when the government is not fulfilling its responsibility?” he asked.

The court also formed a special committee to devise the standard operating procedures of the special unit. “The committee will finalise the SOPs and submit a report to the court in the next 24 days.”

It is not clear at this point who the members of the committee are.

The chief justice also praised Pakistan Sweet Homes Patron-in-Chief Zamurud Khan for doing “incredible work”.

The court adjourned the hearing till Jan 10.

The case

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.