NADRA Resumes Registration of Transgender Persons After Federal Shariat Court Halt
In a significant development, the National Database and Registration Authority (NADRA) has officially resumed the registration process for transgender individuals. This decision comes after a three-month hiatus, during which NADRA had temporarily halted the process in response to a verdict by the Federal Shariat Court (FSC).
The announcement to resume registration for transgender persons was made through an official notification issued on Monday. NADRA has now withdrawn its earlier order that had put the registration process on hold due to the FSC’s ruling.
Rida Qazi, NADRA’s Public Engagement Director, confirmed that the printing of ‘X’ National Identity Cards (NICs) for transgender individuals will recommence following the authority’s instructions. She emphasized that NADRA’s actions align with its constitutional obligations and are based on recommendations from its external legal advisory wing.
Nayyab Ali, Director of Transgender Rights Consultants Pakistan, expressed her appreciation for NADRA’s decision and congratulated the transgender activist community for their persistent advocacy efforts.
The National Commission for Human Rights (NCHR) also commended NADRA for its swift response in reactivating the NIC registration process for the ‘X’ gender category. NCHR Chairperson Rabiya Javeri Agha highlighted the vital role of a valid NIC in ensuring the provision of various rights, especially for marginalized communities in Pakistan.
The FSC’s ruling in May 2023 had contradicted the provisions of the Transgender Persons (Protection of Rights) Act 2018, prompting NADRA to suspend ‘X’ NIC registration for transgender individuals. However, this decision faced strong opposition from the legal community, civil society, and human rights activists.
Notably, in September 2022, the FSC had heard petitions challenging the legislation, with individuals from diverse backgrounds joining transgender activists as parties in the case. Additionally, the Intersex Persons (Protection of Rights) (Amendment) Bill, 2022, sought amendments to the law, specifically targeting sections that were deemed contrary to Islamic and constitutional principles.
In May 2023, the FSC struck down the law, citing certain sections, including the definition of ‘gender identity’ and ‘transgender person’, as being in conflict with Sharia law. The FSC also ruled that sections related to the recognition of transgender identity and inheritance rights were in violation of Sharia law.
This decision by NADRA to resume registration for transgender individuals represents a significant step towards upholding the rights and recognition of the transgender community in Pakistan. It underscores the importance of legal protection and equal rights for all citizens, irrespective of gender identity.
