Registration of Transgender Persons
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 May 2023 ruling of the Federal Shariat Court (FSC) against the provisions of the Transgender Persons (Protection of Rights) Act 2018, Nadra had stopped the ‘X’ National Identity Card (NIC) registration of transgender people. Legal experts, civil society, and human rights activists had opposed this decision.
In July, PPP Secretary General Farhatullah Babar challenged the FSC verdict in the Shariat appellate bench of the Supreme Court.
Today, Nadra issued a notification retracting its previous order to halt registrations.
Furthermore, Nadra Public Engagement Director Rida Qazi confirmed this development, stating that the authority had issued instructions to resume printing ‘X’ NICs for transgender persons.
Also, she explained that the process was initially halted after the FSC verdict but has now resumed since the matter is in the apex court. Qazi emphasized that Nadra was constitutionally obligated to print ‘X’ NICs for transgender persons based on the recommendation of its external legal advice wing.
Nayyab Ali, director of Transgender Rights Consultants Pakistan, celebrated the authority’s decision.
“Congratulations to the entire community of transgender activists in Pakistan for your relentless struggle,” Ali posted on the social media platform X.
In addition, the National Commission for Human Rights (NCHR) commended Nadra for its decision and its “prompt response” in reactivating the ‘X’ NIC registration process.
“NCHR will continue to uphold the rights of all, especially the marginalized communities of Pakistan,” it stated.
NCHR chairperson Rabiya Javeri Agha emphasized the linkage of a valid NIC with the provision of many rights.
Verdict of FSC
Moreover, in 2018, the National Assembly enacted the Transgender Persons (Protection of Rights) Act to legally recognize transgender individuals and penalize discrimination against them.
This landmark law faced ongoing legal challenges since its enactment. In September 2022, the FSC considered petitions challenging the legislation, leading to its eventual overturn in May 2023.
The FSC declared several sections of the Act, including definitions related to ‘gender identity’ and ‘Transgender Person,’ to be against Sharia law, along with Sections related to recognition of identity and inheritance rights for transgender persons.
