The document discusses constitutional protections and a Supreme Court case related to hijras (transgender people) in Pakistan. It summarizes that Article 9, 25, and 26 of Pakistan's constitution prohibit deprivation of life/liberty and discrimination based on sex. A 2011 Supreme Court case ordered the government to officially recognize hijras as a separate gender and allow people to identify that way on national IDs. This was important as IDs are needed for many activities. The document also discusses organizations advocating for hijra rights like gender equality in Pakistan.

1. “THE THIRD GENDER”
PROTECTION OF HIJRAS
https://www.youtube.com/watch?v=SbKhgaLQiso
(10:45)

2. 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

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

4. 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.

5. Supreme Court Case 2011
Dr. 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

6. 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