By Asghar Ali Mubarak
ISLAMABAD: The Human Rights Ministry on Friday informed the Federal Shariat Court (FSC) that it would amend its response after the bench grilled the ministry over its reply that seemed to endorse homosexuality and same-sex marriages.
During the hearing regarding the Transgender Persons (Protection of Rights) Act 2018, the director-general of the rights ministry said the response did not endorse same-sex marriages and the impression that the court got from it was wrong.
Justice Syed Muhammad Anwar said the ministry mentioned ‘Yogakarta’ agreement in the response which supported homosexuality.
“I don’t think the federal government will endorse homosexuality,” Justice Anwar remarked. The ministry official said they wanted to amend the response with the permission of the court.
“Why are you linking the rights of transgender persons with homosexuals,” the FSC judge questioned. The DG said the ministry and the state cannot even think of endorsing homosexuality in Pakistan.
The FSC judge further said the rights ministry did not consult the Council of Islamic Ideology (CII) while drafting the law for the protection of transgenders and questioned why did the ministry lie about seeking CCI’s suggestions for the law.
“The transgender community is oppressed and it should not be linked to homosexuality,” the judge said, adding, “No other religion has given more rights to the transgender community than Islam”.
The court gave the ministry two weeks to submit its amended response.
A day earlier, the FSC grilled the rights ministry over the response submitted regarding the Transgender Persons (Protection of Rights) Act 2018.
Justice Dr Syed Muhammad Anwar had asked if the human rights ministry was endorsing homosexuality. He had added the ministry’s reply mentioned Yogakarta. “Do you know what Yogakarta is,” he rhetorically asked. “It is a law that seeks to end legislation against same-sex marriage across the world,” he went on to add.
Justice Anwar said the government also mentioned LBGT rights in its response. “Who wrote this letter,” he further asked. “Do you know what LGBT rights are,” the judge asked the legal adviser. “Is the Ministry of Human Rights supporting LGBT rights in Pakistan,” Justice Anwar had questioned.
