ISLAMABAD: Federal Shariat Court (FSC) sought report from National Database and Registration Authority (NADRA) on process of issuing identity cards based on definition of ‘transgender’. “How does NADRA define transgender male and transgender female?” asked Shariat Court. Court ordered NADRA to submit report within 15 days, detailing definition of term “transgender” and how it is considered in process of issuing identity cards.

NADRA’ counsel argued that Regulation 13 of issuing authority has become ineffective with introduction of Transgender Act. Even before Transgender Act 2018 was promulgated, NADRA would issue identity cards to transgender individuals, said counsel. Since Transgender Act, transgender individuals have letter “X” written for their gender, instead of “M” or “F”, he added. When FSC judge asked how NADRA defines transgender woman and transgender man, counsel asked for more time to prepare a response.

Chief Justice Dr Syed Muhammad Anwar expressed displeasure and said that court was hearing case after many days but authority failed to prepare main point. “Explain to court under what procedure NADRA is determining transgender identity,” ordered FSC Chief Justice.  Jamaat-e-Islami Senator Mushtaq Shayari appeared in court. Referring to award winning film Joyland, Senator said that film about transgenders in Pakistan is releasing on November 18. Film is based on romantic story of a transgender woman and a man, he said, claiming that Censor Board has cleared release of film without even viewing it.

He requested a “halt on all matters related to Transgender Act until matter is resolved”. Further, he said that NADRA should answer whether someone requesting transgender identity card undergoes a medical test. “How many people have benefited from transgender law?” asked Chief Justice of Shariat Court. He claimed that so far, number of beneficiaries of Transgender Act has been reported to be zero. According to representative of Ministry of Human Rights, a transgender protection centre has been established in ministry. “Ministry of human rights should seriously look into issue of transgenders,” said Justice Anwar.

Published in The Daily National Courier, November, 11 2022

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