ISLAMABAD: Chief justice of the Federal Shariat Court Justice Dr Syed Mohammad Anwer on Thursday directed the Ministry of Human Rights to establish a Child Protection Centre equipped to deal with exclusive needs of transgender children.

Chairperson of the National Commission for Human Rights (NCHR) Rabiya Javeri Agha joined the hearing as amicus curiae (expert).

The chief justice also ordered establishment of a monitoring committee with the representation of Ms Agha, chairperson of Sweet Homes Zamurd Khan and representatives of the Akhuwat Foundation and the transgender community to supervise the process.

The court also directed the human rights ministry to submit a progress report on both these directives to the court.

As per the court’s notice, issued on Dec 13, 2022, besides Ms Agha, Mr Khan and representative of the Akhuwat Foundation participated in the court proceedings as amicus curiae.

Court orders establishment of monitoring committee to supervise process

Ms Agha gave a detailed briefing on the existing child protection mechanism. She acknowledged the proactive initiative of MoHR in setting up the Child Protection Centre and explained that the centre was already functional in the capital.

In the past half a year, the centre had already housed a transgender child. Inclusive education of transgender children was essential and the commission would help set up standard operating procedures (SOPs) if needed.

In the court hearing held on Dec 13, Nadeem-uz-Zafar raised issues faced by transgender children before the court. The court expressed concern over the fact that in most cases, these children were abandoned by their families and fall prey to predators.

Meanwhile, Allama Sajid Naqvi, one of the top political and religious leaders of the Shia community has become a petitioner in the case, claiming that certain sections of the law relating to transgender persons was against the norms of Quran and Sunnah.

Mr Naqvi is the leader of the Shia Ulema Council and the former head of the now proscribed Tehreek-i-Jaferia.

He requested the court that he wanted to interpret a decree issued by Ayatullah RuhollahKhomeini, the leader of the Islamic revolution of Iran and another senior Ayatullah of Iran. The decrees have been presented in the court by the respondents, members of the transgender community, claiming that one of the top most clerics of the Muslim world have guaranteed rights to transgender people.

The court directed the counsel of Allama Naqvi to present their concise statement.

Some representatives from the transgender community who attended the hearing showed concerns over the socio- economic situation of the community.

Published in Dawn, December 16th, 2022