The Supreme Court ordered the National Database and Registration Authority (NADRA) on Monday not to indulge in “gender verification” of eunuchs by a medical board, and to amend its laws and standard operating procedures to declare such people “she-males”. A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Ghulam Rabbani also told NADRA to amend its laws to include eunuchs in the gender column of identification records. The court asked all the provincial governments to protect the fundamental rights of eunuchs and also take steps to grant them the right of inheritance.
The court also told NADRA to speed up efforts to issue Computerised National Identity Cards (CNIC) to eunuchs. The court stated that eunuchs were Pakistani citizens, but they were deprived of various rights including the right to have a CNIC. During the hearing, all the provincial governments submitted their reports about the various steps they had taken for the welfare of eunuchs. The court was told that the Khyber Pakhtunkhwa (KP) and Sindh governments had appointed eunuchs to represent their communities and properly liaise with the administrative departments on their issues. The court told the governments of Punjab and Balochistan to appoint such representatives as well.
The KP government stated in its report that the Higher Education Department of the province would continue to strive for the provision of higher education to all citizens, including eunuchs, without any discrimination under the provisions of sub-clauses (1) and (2) of Article 25 of the constitution. Dr Muhammad Aslam Khaki, counsel for eunuchs, told the court that NADRA was asking eunuchs for documentation to confirm their gender before issuance of CNIC. The court asked the NADRA legal manager, who was present in the courtroom, whether such documentation was also required to issue identity cards to men and women.
The NADRA representative told the court that an ordinance would soon be promulgated for registration and declaration of eunuchs as “she-males”. The chief justice said the eunuchs’ families would also own them once they were given their complete rights. He warned that stern action would be taken against police officers who tried to harass eunuchs. Later the hearing was adjourned for three weeks.