The Peshawar High Court has directed the management of Hayatabad Medical Complex Peshawar to consider a petition filed in the court in which a minor woman wrote that she was suffering from a disease called gender dysphoria and was asked to change her gender.
The petition was heard in the court of Justice Qaiser Rashid and Justice Naeem Rashid.
According to Saifullah Mohib Kakakhel, counsel for the petitioner, on her petition, the court directed the management of Hayatabad Medical Complex to submit a report to the court within three months.
The petitioner was diagnosed with gender dysphoria, a condition that involves a conflict between a person’s internal gender identity and the biological sex assigned to them at birth, and it can be treated through SRS, the lawyer said.
He informed the court that his client has felt and acted like a male since childhood but her outward appearance is that of a female, and because of the mental distress she has suffered due to the condition, she wants to have her sex changed.
Kakakhel said his client has to make her own choices and the law only facilitates people and not withhold their rights.
He also argued that the parliament had recently passed the Transgender Persons (Protection of Rights) Act, 2018, and her desire to change her sex is covered under Section 2 of the Act.
After examining the case from all constitutional aspects, the bench ordered the HMC to facilitate the petitioner and present a report within three months on the following points:
- Sexual status of the petitioner and whether it is possible for her to undergo sex reassignment surgery.
- Medico-legal aspects of the case.
- Technicalities and risk factor involved in the surgery to the life of the petitioner.
- How the hospital can facilitate the petitioner?
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