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LHC rebukes Punjab police over discrimination towards transgender people

Issues notices to Punjab IG, chief secretary

SAMAA | - Posted: Oct 16, 2021 | Last Updated: 2 months ago
SAMAA |
Posted: Oct 16, 2021 | Last Updated: 2 months ago

Photo: AFP

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Irked at the Punjab police's "discriminatory" behavior towards transgender persons, the Lahore High Court has issued notices to the Punjab government, chief secretary, and inspector general, and instructed them to submit a report. "Articles 4, 18, and 25 of the Constitution of the Islamic Republic of Pakistan, 1973, provide a shield against any kind of discrimination especially in respect to a job or profession to earn a livelihood but the act of the respondents not to permit transgender persons to compete with the other applicants offends against the said provisions of the Constitution," the court observed. Earlier this month, Sira Ashi, a transgender person hailing from Lahore, filed a petition in court against the police. It stated that, despite meeting all requirements, the Punjab police have shown "discriminatory" behavior towards transgender persons by not hiring them in the police force. In a wirtten order issued Saturday, Justice Shujaat Ali Khan remarked that an important issue of public concern has been raised in the petition. He has summoned responses from the Punjab police and government over the matter. The court pointed out that the Transgender Persons Act, 2018, is not being implemented by public functionaries during the recruitment process. "Let notices be issued to the respondents (Punjab government, chief secretary, and inspector-general) with the direction to file their report before the next date of hearing," Justice Khan directed. The court, noting the importance of the case, has appointed two senior lawyers as judicial assistants. The case has been adjourned till November 1. The Transgender Persons Act, 2018, prohibits discrimination against transgender persons on the following grounds: Denial, discontinuation, or unfair treatment at educational institutions. Unfair treatment in relation to trade, employment, or occupation. Denial of or termination from employment or occupation. Denial in healthcare. Denial or discontinuation of or unfair treatment with regard to, access to, or provision or enjoyment of use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of general public or customarily) available to the public. Denial or discontinuation of, or unfair treatment with regard to, right to movement, safe travel, and use of public facilities of transportation.Denial or discontinuation of, or unfair treatment with regard to, the right to reside; sale, purchase, rent or otherwise occupy or inherit a movable and immovable property. Denial or discontinuation of or unfair treatment in, the opportunity to stand for or hold public or private office; or (i) the denial of access to, removal from, or unfair treatment in, government or private establishment, organizations, institutions, departments, centers in whose care, custody or employment a transgender person may be.
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Irked at the Punjab police’s “discriminatory” behavior towards transgender persons, the Lahore High Court has issued notices to the Punjab government, chief secretary, and inspector general, and instructed them to submit a report.

“Articles 4, 18, and 25 of the Constitution of the Islamic Republic of Pakistan, 1973, provide a shield against any kind of discrimination especially in respect to a job or profession to earn a livelihood but the act of the respondents not to permit transgender persons to compete with the other applicants offends against the said provisions of the Constitution,” the court observed.

Earlier this month, Sira Ashi, a transgender person hailing from Lahore, filed a petition in court against the police. It stated that, despite meeting all requirements, the Punjab police have shown “discriminatory” behavior towards transgender persons by not hiring them in the police force.

In a wirtten order issued Saturday, Justice Shujaat Ali Khan remarked that an important issue of public concern has been raised in the petition. He has summoned responses from the Punjab police and government over the matter.

The court pointed out that the Transgender Persons Act, 2018, is not being implemented by public functionaries during the recruitment process.

“Let notices be issued to the respondents (Punjab government, chief secretary, and inspector-general) with the direction to file their report before the next date of hearing,” Justice Khan directed.

The court, noting the importance of the case, has appointed two senior lawyers as judicial assistants. The case has been adjourned till November 1.

The Transgender Persons Act, 2018, prohibits discrimination against transgender persons on the following grounds:

  • Denial, discontinuation, or unfair treatment at educational institutions.
  • Unfair treatment in relation to trade, employment, or occupation.
  • Denial of or termination from employment or occupation.
  • Denial in healthcare.
  • Denial or discontinuation of or unfair treatment with regard to, access to, or provision or enjoyment of use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of general public or customarily) available to the public.
  • Denial or discontinuation of, or unfair treatment with regard to, right to movement, safe travel, and use of public facilities of transportation.
  • Denial or discontinuation of, or unfair treatment with regard to, the right to reside; sale, purchase, rent or otherwise occupy or inherit a movable and immovable property.
  • Denial or discontinuation of or unfair treatment in, the opportunity to stand for or hold public or private office; or (i) the denial of access to, removal from, or unfair treatment in, government or private establishment, organizations, institutions, departments, centers in whose care, custody or employment a transgender person may be.

 
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