IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
PRESENT 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, C.J. 
MR. JUSTICE GHULAM RABBANI 
 
 
CONSTITUTION PETITION NO. 43 OF 2009 
(Petition under Article 184(3) of the Constitution 
against molestation and humiliation of Eunuch and 
Restoration their fundamental Rights) 
 
 
Dr. Mohammad Aslam Khaki & another 
…. Petitioners 
 
Versus 
 
Senior Superintendant of Police (Operation) Rawalpindi & others 
…. Respondents 
 
 
For the Petitioner   
 
Petitioner in person with   
 
 
 
 
 
Almas Bobi, President  
Shemale Rights of Pakistan 
 
For the Federation  
 
Mr. Mujtaba Haider Sherazi, D.A.G. 
 
 
 
 
 
Mr. M. S. Khattak, AOR 
 
 
 
 
 
Mr. Haroon Joyia, SP City Islamabad 
 
 
 
 
 
Mr. Azhar Hussain Shah, DSP Legal 
 
 
 
 
 
Mr. Sajid Abbas, Inspector Legal 
 
For Govt. of Balochistan  
Mr. Muhammad Azam Khattak, Addl.AG 
 
 
 
 
 
Mr. Abdullah Baloch, Director (S.W.) 
 
 
 
 
 
For Govt. of KPK  
 
Syed Arshad Hussain Shah, Addl. AG 
 
For Govt. of Punjab 
 
Ch. Khadim Hussain Qaiser, Addl. AG 
 
 
 
 
 
Qazi Zahoorul Haq, EDO (Edu.) 
 
 
 
 
 
Mr. Irshad Ahmad, S.O. (S&GAD) 
 
 
 
 
 
Mr. Muhammad Shahid Rana, D.O.(S.W) 
 
 
 
 
 
Mr. Israr Ahmad Khan, SP, (Pothohar) 
 
 
 
 
 
Raja Akhtar, D.S.P  Taxila 
 
 
 
 
 
Mr. Muhammad Yar, SHO Taxila 
 
For Govt. of Sindh   
 
Mr. Miran Muhammad Shah, Addl. A.G. 
 
 
 
 
 
Raja Abdul Ghafoor, AOR 
 
Date of hearing  
 
 
22.3.2011 
 
 
 
 
 
 
O R D E R 
Const.P. 43/2009 
2 
 
 
IFTIKHAR 
MUHAMMAD 
CHAUDHRY, 
C.J.-  
Petitioner in person states that Chairman and Deputy Chairman of 
NADRA in compliance with directions of this Court have shown 
significant progress to resolve the issue of recording parentage and sex 
of the eunuchs and deliberations in this behalf are under 
consideration.  A report has also been received from NADRA.  We do 
appreciate for making efforts to resolve the problems of eunuchs about 
their identity.  Essentially it is an important issue and we are hopeful 
that the Chairman NADRA on account of his sincere commitments and 
efforts shall be in a position to ensure that eunuchs are provided 
National Identity Cards so their status in the society is recognized and 
on account of showing sincere efforts we hereby observe that all 
concerned functionaries should extend cooperation to them. 
 
2. 
 
Needless to observe that eunuchs in their own rights are 
citizens of this country and subject to the Constitution of the Islamic 
Republic of Pakistan, 1973, their rights, obligations including right to 
life and dignity are equally protected.  Thus no discrimination, for any 
reason, is possible against them as far as their rights and obligations 
are concerned.  The Government functionaries both at Federal and 
Provincial levels are bound to provide them protection of life and 
property and secure their dignity as well,  as is done in case of other 
citizens. 
 
3. 
 
Similarly, Federal and Provincial Governments are 
equally responsible to recognize their rights.  The efforts so far made in 
this behalf on the part of the Governments of KPK, Punjab and Sindh 
are, however, appreciated and we expect that Government of 
Const.P. 43/2009 
3 
Balochistan would also protect the life and property as well as the 
dignity of the eunuchs accordingly. 
4. 
 
It is true that some progress has been made but the 
Provincial Governments through the Secretaries Social Works 
Department are required to make more efforts to implement the 
directions of this Court contained in the orders dated 17.8.2009 and 
23.12.2009.  Copies of these orders be dispatched to them as well as the 
Commissioner Islamabad and to the Ministry of Social Welfare & 
Special Education, Government of Pakistan for implementation and 
report on the next date of hearing. 
 
5. 
 
It has been noticed that whatever the complaints are 
registered for and against the eunuchs the same with action taken 
thereon are not intimated by the police to the Registrar of this Court.  
Direction so contained in the order dated 17.08.2009 be repeated to all 
the PPOs and the I.G. Police, Islamabad for compliance in letter and 
spirit.  
 
6. 
 
While hearing this case it has been noticed that there is 
some gap of communication between the administration and the 
eunuchs perhaps for the reason that they have no representation or 
they do not have a focal person, therefore, Secretaries Social Welfare 
and Special Education, Islamabad, may adopt a strategy to appoint one 
or more than one focal person amongst them who may interact with 
the administration. 
 
7. 
 
In the orders noted above we have pointed out for 
initiating process to locate the ascendants (parentage) of the eunuchs 
with a view that if the latter have any right of inheritance in moveable 
and immoveable properties, they should get the same according to law 
Const.P. 43/2009 
4 
but it seems that no progress has been made in this behalf so far.  
Secretaries Social Welfare of all the provinces and Commissioner 
Islamabad who have already registered the eunuchs may seriously 
look into this aspect of the case and make efforts to ensure that their 
rights in the property as are devolved on them according to law, are 
fully protected. 
 
8. 
 
Petitioner contends that after passing the orders a 
significant progress has begun to take place and social status of the 
eunuchs 
is 
being 
gradually 
recognized 
yet 
due 
to 
lack 
of 
awareness/knowledge/ideas and information about the rights and 
obligations concerning the eunuchs not conveyed in every nook and 
corner, they are not getting what is actually due to them, therefore, 
NGOs should come forward to disseminate the same appropriately.  In 
this, it is however, observed that this is for the petitioner to interact 
with NGOs for the purpose because this Court is only interested, as it 
has been pointed out time and again, that in terms of Article 184(3) of 
the Constitution the fundamental rights of the eunuchs are to be fully 
protected. 
 
9. 
 
Let the case be adjourned for a period of four weeks for 
further proceedings and the reports shall be submitted before the next 
date of hearing enabling the Court to go through the same to save the 
time. 
 
 
Chief Justice 
 
 
 
Judge 
Islamabad 
22.03.2011 
Zulfiqar  
 
