“THE THIRD GENDER”PROTECTION OF HIJRAS

https://www.youtube.com/watch?v=SbKhgaLQiso(10:45)

CONSTITUTIONAL RIGHTS

Article 9: Security of Person - No Person shall be deprived of life or liberty save in accordance with law

Article 25: Equality of citizens - (1) All citizens are equal before law and are entitled to equal protection of law (2) There shall be no discrimination on the basis of sex (3) Nothing in this Article shall prevent the State from making any special provisions for the protection of women and children

Article 26: Non-discrimination in respect to access to public places - (1) In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth. (2) Nothing in this Article shall prevent the State from making any special provisions for the protection of women and children

Khwaja Sara facing issues in Societyhttp://www.bbc.com/news/world-south-asia-13186958

Human Rights Litigation in the Supreme Court

Article 184(3) of the Constitution of Pakistan: concept of protection of Fundamental Rights through the use of Article 199

Article 199: whenever a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred byC Chapter I of Part II is involved.

Power of Art. 184(3) is “original jurisdiction” of the Supreme Court to enforce fundamental rights.

Supreme Court Case 2011Dr. Mohammad Aslam Khaki & Another v. Senior Superintendent of Police (Operation) Rawalpindi & others

Ruling: Chief Justice Iftikhar Chaudhry

S.C. ordered that the government officially recognize a separate gender for Pakistan’s hijra community; which includes transgendered people, transvestites, and eunuchs

Federal Government ordered to begin allowing people to identify as hijras when registering for a national identity card

Additionally ordered: A warning that the hijras’ right of inheritance, which are often informally ignored, would be enforced, and that police harassment would not be permitted, a sign, perhaps, of rulings to come.

Importance of Ruling: ID cards are necessary for everything, from voting to more informal situations such as using cybercafes for internet.

http://www.supremecourt.gov.pk/web/user_files/file/const.p_43_of_2009.pdf

FIGHTING BACK

Shemale Foundation of Pakistan:

President: Almas Bobi

Gender Interactive Alliance (GIA)

Vision: Gender Interactive Alliance envisions a society where everyone is free to express their gender, within, across and beyond the male-female binary without fear of discrimination

http://giapk.org/missionvision.php

https://www.youtube.com/watch?v=Y_WpKPeoycI