Transgender activists have criticised Jamaat-e-Islami (JI) leaders for moving the Federal Shariat Court (FSC) against the Transgender Protection of Rights Act 2018 that issued its verdict on Friday and struck down three sections of the Act, saying the religious party has once again “fooled Pakistani people into thinking that it was doing something Islamic when it was just pushing western far-right agenda”.
Talking to Dissent Today, transactivist Dr Mehrub Moiz Awan said the sections of the Act that have been struck down are specifically related to the self-determination of transgender identity and the right to inheritance.
She said the core arguments against the Act were that it gives legal cover that could allow women to potentially steal men’s share of the inheritance; it could also give legal cover to same-gendered people to get married since, according to the petitioners, women can get men’s national identity cards while men can get women’s identity cards and they can get married hence promoting homosexuality. She said these assumptions were preposterous and National Database & Registration Authority (NADRA) also refuted these claims, saying that transgender people are only issued “Khawaja Sira” identity cards.
She said that the verdict is a result of a “mistrial” and is based on “hearsay”.
The transgender activist said doctors, social workers, experts, and lawyers gave their testimonies favouring the Act, however, the 104-page verdict is just a copy-paste of petitions filed against the Act by “global transphobes”.
“At least 70 pages out of 104 pages of the verdict are just copy-paste of petitions filed against the Act,” she said.
The transactivist said the verdict is a result of collusion between the global far-right movement and local far-right movement.
“FSC has quoted Islamaphobic Western personalities like Ben Shapiro in their verdict,” she said.
She regretted this would pave the way for the Khunsa (intersex) bill to be sailed through the Senate, which is also presented by JI Senator Mushtaq Ahmad, one of the opponents of the transgender law. She said the Khunsa bill violates the fundamental rights of transgender individuals, as well as intersex people, who have had no say in the formulation of the bill. According to Dr Awan, the Khunsa bill penalises any gender-affirming medical treatment, including psychological, and if the bill is passed, people could be reported to a medical board for confirmation of their gender.
Dr Awan also regretted that this issue has been turned into a religious issue when it is just “neo-conservative transphobic people pushing global far-right agenda”.
She said the Act that was almost unanimously passed by elected representatives has been undone by an unelected court.
“One parallel arm of the Pakistani state that has nothing to do with democracy has undone the dignity of the Pakistani people,” she said while adding that the court needs to decide if it’s independent or a mouthpiece of JI and far-right operatives.
This is a global movement; there are people demanding similar changes in the legislation in the US, UK, and other Western countries and the JI has proven it is nothing more than part of a global neo-conservative movement that wants Pakistani people to murder each other, and paint Pakistan as radical Islamist state.
In this video, trans rights activist @TMItalks deconstructs the Federal Shariat Court verdict against the #Transgender Persons Act, and how it will affect rights of the transgender community.
“A parallel arm of the state has undone the dignity of the Pakistani people.” pic.twitter.com/EVnQQ6Nuuy
— Dissent Today (@DissentToday) May 21, 2023
 leaders for moving the Federal Shariat Court (FSC) against the Transgender Protection of Rights Act 2018 that issued its verdict on Friday and struck down three sections of the bill, saying the religious party has once again "fooled Pakistani people into thinking that it was doing something Islamic when it was just pushing western far-right agenda".){kind=link}