KARACHI
\nThe Sindh Human Rights Commission (SHRC) was established under the Sindh Protection of Human Rights Act 2011 for the promotion and protection of human rights in the Province of Sindh. The Government of Sindh has constituted the SHRC under Section 3 (1) of the Act on 9th May 2013.
\nUnder Section 2 (iv), the SHRC has an overarching mandate for the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution of the Islamic Republic of Pakistan and legal safeguards and protections described under the Sindh Protection of Human Rights Act 2011.
\nUnder Section 4 of the Sindh Protection of Human Rights Act 2011 (and 2023 Amendment), the SHRC has the powers and functions to \u2018\u20194 (iii) formulate, implement and regularly update policies with a view to protect human rights;\u2019\u2019 and (v) \u2018\u2019review the safeguards provided by or under the Constitution or any law for the time being in force for protection of human rights and recommend measures for their effective implementation;\u2019\u2019
\nThe SHRC has received a complaint from Sana Khan, a transgender activist, Hyderabad through a Committee Member of SHRC dated 16th October, 2023 that NADRA has issued a notification under letter dated 13th June 2023 and ceased issuing the Computerized National Identity Card (CNIC) to Transgender persons. However, the same notification was withdrawn on 25th September, 2023, but NADRA offices in Hyderabad were informed that the Central System is yet to be updated (copies of notifications enclosed).
\nThe transgender community in Pakistan is already marginalized and denied its constitutional rights.
\nCeasing the provision of CNIC cards to the transgender persons violates the various fundamental rights granted to the citizens. This includes the right to dignity (Article 14), right to life (Article 9), and the right to equality before law (Article 25). Additionally, it also effects the right to freedom of movement (Article 15), freedom of assembly (Article 16), freedom of association (Article 17) and freedom of trade, business or profession (Article 18) as without the CNIC card, citizens cannot enjoy these rights.
\nNADRA has relied on a judgment by the Federal Shariat Court in the case of Hammad Hussain versus Federation of Pakistan and others (Shariat Petition 05-I OF 2020), which on 19.05.2023 ceased the operation of certain provisions of the Transgender Persons (Protection of Rights) Act, 2018 \u201cwith immediate effect.\u201d These provisions included Section 2(f) (containing the definition of \u201cgender identity\u201d), Section 2(n) (ili), Section 3 (related to legal gender recognition), and Section 7 (related to inheritance) of the 2018 Act.
\nHowever, it must be pointed out that multiple appeals have been filed against the FSC judgment regarding the Transgender Persons (Protection of Rights) Act, 2018, including Farhatullah Babar etc. vs. Hammad Hussain (Shariat Petition A.2\/2023).
\nArticle 203D of the Constitution of Pakistan stipulates the powers, jurisdiction and functions of the FSC. A proviso states that \u2018\u2019Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal.\u2019\u2019
\nThe Supreme Court (SC) has interpreted Article 203D in Kalsoom Begum V\/S Peran Ditta and others (2022 SCMR 1352) on 27.01.2022 at Para 6 of the judgement and stated that: \u201c…Since the appeal is pending adjudication, the said decision of the Federal Shariat Court (impugned therein) has not come into effect, because the second part to the proviso to clause (2) of Article 203(D) of the Constitution…\u2019\u2019
\nTherefore, the SHRC under Section 4(iii) and 4(v) has taken cognizance and refers to your good office to facilitate the transgender persons in all NADRA centers of Sindh without any discrimination on the basis of gender identity (as guaranteed by the Constitution of Pakistan) under intimation to the SHRC.<\/p>\n","protected":false},"excerpt":{"rendered":"
KARACHI The Sindh Human Rights Commission (SHRC) was established under the Sindh Protection of Human Rights Act 2011 for the promotion and protection of human rights in the Province of Sindh. The Government of Sindh has constituted the SHRC under Section 3 (1) of the Act on 9th May 2013. Under Section 2 (iv), the […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-365026","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n