KARACHI: The federal government has informed the Sindh High Court (SHC) that the Transgender Persons (Protection of Rights) Rules, 2020 have been formulated in compliance with the court directives and sent for publication in the official gazette.

The officers of the ministry of human rights recently submitted this before a two-judge bench headed by Justice Muhammad Ali Mazhar during the hearing of a contempt application filed by Advocate Tariq Mansoor.

In compliance with the court directives, Iqbal Pasha Shaikh, director and Mohammad Nawaz, assistant director, regional office of the human rights ministry of Pakistan, appeared before the bench.

The officers also filed a statement along with a copy of the Transgender Persons (Protection of Rights) Rules, 2020 and informed the bench that the same had been sent for publication in the official gazette.

The bench observed that since the rules had been framed, contempt application was disposed of.

On the last hearing, the court had expressed its displeasure over non-implementation of a law aimed at protecting the rights of transgender persons and had directed the ministry of human rights to notify its rules and implement the law within two months.

‘Copy of rules has been sent for publication in official gazette’

The court had observed that there was no cavil to the proposition that the Transgender Persons (Protection and Rights) Act was promulgated in 2018 and the government was obligated to make all possible arrangements to secure full and effective participation of transgender persons and benefits of all fundamental rights had also been extended to them.

But, no proper rules had been framed as required under section 20 of the act to implement the law, the bench had added.

The bench was informed by an assistant attorney general that the ministry of human rights was working on formulation of rules and guidelines and had also constituted a national implementation committee comprising 13 members and they had also developed some guidelines with respect to the treatment of transgender persons in order to secure compliance with the act.

Guardianship certificate for orphan

The same bench asked a petitioner to approach the National Database and Registration Authority (Nadra) for issuance of a guardianship certificate.

The bench was hearing an application of an orphan girl seeking contempt proceedings against Nadra authorities for allegedly not complying with the court’s directives to issue her a guardianship certificate.

Advocate Usman Farooq, who represented applicant Maham Rehman, submitted that his client was an orphaned child, who wanted to continue her studies.

However, he said that the Nadra authorities did not issue her a B-form due to her parents’ absence. Subsequently, the admit card of the applicant had been withheld by the Board of Secondary Education Karachi (BSEK), he added.

He asked the court to initiate contempt of court proceedings against the Nadra officials concerned for allegedly not complying with the court’s directives.

He also sought a direction for Nadra authorities concerned to issue the B-form to Maham Rahman and the BSEK authorities to issue her an admit card.

On Friday, Masroor Alvi, deputy controller of the BSEK, appeared before the court and submitted that the examination would be held in May.

A counsel for Nadra submitted that since there was enough time till the examination, therefore, the petitioner may apply to Nadra for issuance of B-form to her.

The bench asked the applicant to apply to Nadra for issuance of B-form and adjourned the hearing for a date to be later notified by the court.

Published in Dawn, January 30th, 2021