Protection of the Rights of Inter-Sex: A Legal Study of Reforms and Failures in Pakistan
Abstract
In Pakistan, intersex is an abused and marginalized community. They are living with low socioeconomic status in the community and their fundamental rights had been blatantly abused by the Government. In the landmark case, Dr. Muhammad Aslam Khaki and Others vs. S.S.P. (Operations) Rawalpindi and Others, the Supreme Court took a position to recognize and protect the rights of the third gender in Pakistan.The Supreme Court also acknowledged that the Federal and Provincial authorities are responsible for providing the rights to eunuchs. Article 25 of the Constitution of the Islamic Republic of Pakistan 973 also provides equal protection and has been interpreted briefly by the Supreme Court of Pakistan while considering all the perspectives of vulnerability in Pakistan. Moreover, The Transgender Persons (Protection of Rights) Act of208 was enacted by the parliament in 208 for the protection of the rights of intersex and transgender community. Further, the Act was criticized by majority people in Pakistan as it led towards the vulnerability of the intersex and it was also contradictory to the injunctions of Islam as laid down in the Holy Qur’an and Sunnah. Hence, a new was introduced in the Senate in 2022 and 2023 with the title, The Khunsa (Intersex) Persons (Protection of Rights) Act of 2023. This article will analyze the legal battle towards curtailing the issue of vulnerability of intersex as well as safeguarding their rights in Pakistan.
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