Zubair Qureshi
The National Commission for Human Rights (NCHR) in a consultation over the Federal Shariat Court’s (FSC) judgment against the Transgender Persons (Protection of Rights) Act 2018, and the resultant halting of “X” NIC card registration at the National Database and Registration Authority (NADRA) has held that depriving transgenders of the Computerized National Identity Cards (CNICS) is violation of their constitutional and human rights.
Following the ruling of the Federal Shariat Court (FSC) against the provisions of the Transgender Persons (Protection of Rights) Bill 2018, NADRA has halted the registration of transgender people. This decision has received pushback from the legal community, civil society, and human rights activists.
The NCHR consultation included prominent members of the transgender community, representatives of the inclusivity wing at NADRA, legal experts, and representatives of the Ministry of Human Rights. The consultation was led by Chairperson NCHR, Rabiya Javeri Agha.
A statement issued by the NCHR said the commission is a staunch supporter of the fundamental rights of transgender persons across Pakistan and protecting these rights is a prominent direction adopted within NCHR’s strategic vision. Additionally, NCHR deals with complaints and investigates violence against transgender persons as per its judicial mandate.
Chairperson NCHR, Rabiya Javeri Agha also stated “Without a CNIC, transgender persons are deprived of their fundamental and Constitutional rights.”
Mani, a prominent transgender activist, shared that it took NADRA a long time to establish effective communication with the transgender community. Mani said that the rolling back of the “X” registration process had brought back fear and trauma in the transgender community and had “disbalanced their relationship with NADRA”. Zarin, another transgender activist, shared that she visited a NADRA center to renew her “X” card, but was not able to do so due to the absence of the “X” section in the gender category of NADRA systems.
Advocate Farhatullah Babar, former Senator, who is party to one of the appeals against the FSC judgment, asserted that the decision to halt registration processes for transgender persons had “not only rendered them helpless, but stateless.”
He said the “hearings for appeals against the FSC judgment must take place on an urgent basis, because the halted NIC registration must be continued.”
Legal expert, Reema Omar, was of the opinion that the FSC judgment was still in its appeal period, hence not fully in effect, which means that NADRA may continue registration for transgender persons. She said that the fundamental rights of transgender persons are constitutionally mandated, and she hoped that NADRA would restart their registration process for transgender persons.
Reema Aftab, Director of Inclusive Registration at NADRA, said that they were following the instructions of their legal department when they made the decision to roll back the registration of the transgender persons. She asserted that she is not happy with this situation, and she recognizes that “if NADRA does not issue CNICs, people will not have access to any rights.” Additionally, a legal representative from NADRA claimed that they have not received any copies of appeals that have been filed against the FSC judgment.
Nayab Ali, a HR activist and prominent member of the transgender community, said that NADRA’s actions are in contravention of the Constitution. She shared her concerns regarding the matter, stating that the registration of transgender persons must be continued before the upcoming elections.
