Suchergebnisse

The Transgender Persons (Protection of Rights) Act, 2018 is an exclusive statutory law dealing with the rights of transgender persons in Pakistan, the greatest strength of which is the right given to transgender persons to be recognized based on their self-perceived gender identity. However, in its recent judgement, the Federal Shariat Court struck down some of the key sections of this act by declaring them unIslamic. Gender is a social construct and is different from the biological sex. Gender identity, which is the innermost feeling of a person, cannot be changed. Moreover, transgender identity is not a mental disorder and is different from gender dysphoria. This paper discusses the transgender law in Pakistan in detail and the insights from the field of mental health to understand the transgender phenomenon and to handle transgenders' rights in Pakistan by bridging the gaps between the understandings of relevant stakeholders.

The crimes related to religion are known as blasphemy offences in Pakistan. These laws are criticized by many international bodies for being misused in Pakistan. The offences of blasphemy and mental illnesses of the accused are interlinked. There are many known mental disorders and conditions which can put an individual at the greater risk of committing blasphemy. Insanity defense is a defense against the criminal liability of a person suffering from mental disorder. There are several judgements of superior courts in Pakistan which shed light on the insanity defense in blasphemy offences. However, there is much left to bridge the gap between the insanity defense and blasphemy offences considering the developments in mental health science and jurisprudence to meet the ends of justice. It is crucial to build capacity of psychiatrists, psychologists, judges, prosecutors, lawyers, police officers, prison personnels and other relevant stakeholders.