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MIAN AASIA VS. FEDERATION OF PAKISTAN

Read the full judgement here
citation:

W.P. No.31581/2016

court:

High Court of Lahore

judges:

Abid Aziz Sheikh J.

KEY FACTS: 

Mian Aasia’s Computerized National Identification Card (CNIC) had expired. Their application for a new CNIC was rejected because they had filled out their guru’s name in the place allocated for their biological father’s name. Mian Aasia challenged this decision before the Lahore High Court.

ISSUES AND DECISION: 

Mian Aasia argued that the CNIC card should not be denied to transgender persons who are unaware of their parents. They argued that denial of the identification card violated the constitutional right to life, dignity, citizenship, equality, and non-discrimination.

The Lahore High Court held that Mian Aasia had a constitutionally right to obtain a CNIC card. The Court made reference to the colonial laws like the Criminal Tribes Act of 1871 and Section 377 of the Indian Penal Code, 1860 to recognise the history of ridicule and marginalisation faced by the transgender community.

The Court prohibited discrimination on the basis of gender identity. It further iterated transgender persons’ right to education, property and life (including quality of life and livelihood).

SIGNIFICANCE: 

This judgement enabled the transgender community to secure a CNIC card even when they’re unaware of their biological family information. This was considered a critical step as transgender persons are often ostracised or abandoned by their families or compelled to run away from their home at an early age.