ISLAMABAD: The National Database and Registration Authority (NADRA) resumed the registration of transgender persons on Monday, nearly three months after it had halted the process.
Following the ruling of the Federal Shariat Court (FSC) in May against the provisions of the Transgender Persons (Protection of Rights) Act 2018, NADRA had halted the ‘X’ National Identity Card registration of transgender persons. The decision had received criticism from the legal community, civil society, and human rights activists.
In July, Pakistan Peoples Party (PPP) Secretary General Farhatullah Babar had challenged the FSC ruling in the Shariat appellate bench of the apex court. Earlier today, NADRA issued a notification withdrawing its earlier order to halt registrations.
The National Commission for Human Rights (NCHR) commended NADRA for its decision and “prompt response” in reactivating the ’X ’NIC registration process, according to media reports.
NCHR said that it will continue to uphold the rights of all, particularly the marginalized communities of the country. Rabiya Javeri Agha, the NCHR chairperson, said the provision of many rights was linked to having a valid NIC.
FSC Verdict on Transgender Persons (Protection of Rights) Act
The National Assembly had passed the Transgender Persons (Protection of Rights) Act in 2018 to provide legal recognition to transgender people and ensure that discrimination against transgenders in different walks of life was punishable. Hailed as a ‘landmark’ legislation that offered protection to a marginalized community, the law was embroiled in litigation scrutiny since its enactment.
In September 2022, the FSC took up petitions challenging the law—making Jamaat-i-Islami’s Senator Mushtaq Ahmed and anchor Orya Maqbool Jan parties in them along with transgender people Bubbly Malik and Almaas Boby.
Simultaneously, amendments to the legislation were also sought under the Intersex Persons (Protection of Rights) (Amendment) Bill, 2022, which called for the deletion of all those sections deemed against the injunctions of Islam and the Constitution.
In May 2023, FSC had struck down the legislation and declared Sections 2(f) (definition of ‘gender identity’) and 2(n)(iii) (definition of ‘Transgender Person’) of the act to be against Sharia.
The court had also ruled Sections III (recognition of the identity of the transgender person) and VII (right to inherit) of the Transgenders Act 2018 to be against Sharia.
